Canon Law in Carolingian Capitularies

Charlemagne, Capitularies (Orders by Rulers)

Ecclesiastical Sanctuary	Ecclesiastical Property	Fasting during Lent	Murder of Clergy
Death to those who are not baptized	Opposition to Christians and Christianity	Baptism within a year	Monastic Discipline

Capitulary for Saxony 775-790

1. It was pleasing to all that the churches of Christ, which are now being built in Saxony and consecrated to God, should not have less, but greater and more illustrious honor, than the fanes of the idols had had.

2. If any one shall have fled to a church for refuge, let no one presume to expel him from the church by violence, but he shall be left in peace until he shall be brought to the judicial assemblage; and on account of the honor due to God and the saints, and the reverence due to the church itself, let his life and all his members be granted to him. Moreover, let him plead his cause as best he can and he shall be judged; and so let him be led to the presence of the lord king, and the latter shall send him where it shall have seemed fitting to his clemency.

3. If any one shall have entered a church by violence and shall have carried off anything in it by force or theft, or shall have burned the church itself, let him be punished by death.

4. If any one, out of contempt for Christianity, shall have despised the holy Lenten fast and shall have eaten flesh, let him be punished by death. But, nevertheless, let it be taken into consideration by a priest, lest perchance any one from necessity has been led to eat flesh.

5. If any one shall have killed a bishop or priest or deacon, let him likewise be punished capitally.

6. If any one deceived by the devil shall have believed, after the manner of the pagans, that any man or woman is a witch and eats men, and on this account shall have burned the person, or shall have given the person's flesh to others to eat, or shall have eaten it himself, let him be punished by a capital sentence.

7. If any one, in accordance with pagan rites, shall have caused the body of a dead man to be burned and shall have reduced his bones to ashes, let him be punished capitally.

8. If any one of the race of the Saxons hereafter concealed among them shall have wished to hide himself unbaptized, and shall have scorned to come to baptism and shall have wished to remain a pagan, let him be punished by death.

9. If any one shall have sacrificed a man to the devil, and after the manner of the pagans shall have presented him as a victim to the demons, let him be punished by death.

10. If any one shall have formed a conspiracy with the pagans against the Christians, or shall have wished to join with them in opposition to the Christians, let him be punished by death; and whoever shall have consented to this same fraudulently against the king and the Christian people, let him be punished by death.

11. If any one shall have shown himself unfaithful to the lord king, let him be punished with a capital sentence.

12. If any one shall have ravished the daughter of his lord, let him be punished by death.

13. If any one shall have killed his lord or lady, let him be punished in a like manner.

14. If, indeed, for these mortal crimes secretly committed any one shall have fled of his own accord to a priest, and after confession shall have wished to do penance, let him be freed by the testimony of the priest from death.

15. Concerning the lesser chapter all have consented. To each church let the parishioners present a house and two mansi of land, and for each one hundred and twenty men, noble and free, and likewise liti [freedmen], let them give to the same church a man-servant and a maid-servant.

16. And this has been pleasing, Christ being propitious, that when so ever any receipts shall have come into the treasury, either for a breach of the peace or for any penalty of any kind, and in all income pertaining to the king, a tithe shall be rendered to the churches and priests.

17. Likewise, in accordance with the mandate of God, we command that all shall give a tithe of their property and labor to the churches and priests; let the nobles as well as the freemen, and likewise the liti, according to that which God shall have given to each Christian, return a part to God.

18. That on the Lord's day no meetings and public judicial assemblages shall be held, unless perchance in a case of great necessity or when war compels it, but all shall go to the church to hear the word of God, and shall be free for prayers or good works. Likewise, also, on the special festivals they shall devote themselves to God and to the services of the church, and shall refrain from secular assemblies.

19. Likewise, it has been pleasing to insert in these decrees that all infants shall be baptized within a year; and we have decreed this, that if any one shall have despised to bring his infant to baptism within the course of a year, without the advice or permission of the priest, if he is a noble he shall pay 120 solidi to the treasury, if a freeman 60, if a litus 30.

20. If any shall have made a prohibited or illegal marriage, if a noble 60 solidi, if a freeman 30, if a litus 15.

21. If any one shall have made a vow at springs or trees or groves, or shall have made any offerings after the manner of the heathen and shall have partaken of a repast in honor of the demons, if he shall be a noble 60 solidi, if a freeman 30, if a litus

15. if, indeed they have not the means of paying at once, they shall be given into the service of the church until the solidi are paid. 22. We command that the bodies of Saxon Christians shall be carried to the church cemeteries and not to the mounds of the pagans.

23. We have ordered that diviners and soothsayers shall be given to the church and priests.

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33. Concerning perjuries, let it be according to the law of the Saxons.

34. We have forbidden that all the Saxons shall hold public assemblies in general, unless perchance our missus shall have caused them to come together in accordance with our command; but each count shall hold judicial assemblies and administer justice in his jurisdiction. And this shall be cared for by the priests, lest it be done otherwise.

In Boretius, No. 26, p. 68, trans. by D. C. Munro in - University of Pennsylvania. Dept. of History: Translations and Reprints from the Original Sources of European history, published for the Dept. of History of the University of Pennsylvania., Philadelphia, University of Pennsylvania Press [1900]. Vol. VI, No. 5, pp. 2-4.

This text is part of the Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.

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(c)Paul Halsall Jan 1996
halsall@murray.fordham.edu

Capitulare Missorum c. 17 (A.D. 802)

Moreover, that the monks shall live firmly and strictly in accordance with the rule, because we know that any one whose goodwill is lukewarm is displeasing to God, as John bears witness in the Apocalypse: "I would that thou wert cold or hot. So then, because thou art lukewarm, and neither cold nor hot, I will spit thee out of my mouth." Let them in no way usurp to themselves secular business. They shall not have leave to go outside of their monastery at all, unless compelled by a very great necessity; but nevertheless the bishops, in whose diocese they shall be, shall take care in every way that they do not get accustomed to wandering outside of the monastery.. But if it shall be necessary for anyone to go outside in obedience to a command and this shall be done with the counsel and consent of a bishop, persons of such character shall be sent out with a certificate that there may be no suspicion. Of evil in them and that no evil report may arise from them. For the property and business outside of the monastery the abbot, with the permission and counsel of the bishop, shall ordain who shall provide, not a monk, but another of the faithful. Let them entirely shun drunkenness and feasting, because it is known to all that from these men are especially polluted by lust. For a most pernicious rumor has come to our ears that many in the monasteries have already been detected in fornication and in abomination and uncleanness. It especially saddens and disturbs us that it can be said, without a great mistake, that some of the monks are understood to be sodomites, so that whereas the greatest hope of salvation to all Christians is believed to arise from the life and chastity of the monks, damage has been incurred instead.... Certainly, if any such report shall have come to our ears in the future, we shall inflict such a penalty, not only on the guilty but also on those who have consented to such deeds, that no Christian who shall have heard of it will ever dare in the future to perpetrate such acts.

#17 of the General Capitulary of the Missi in Boretius, No. 60, p. 147, trans. by D. C. Munro, in - University of Pennsylvania. Dept. of History: Translations and Reprints from the Original Sources of European history, published for the Dept. of History of the University of Pennsylvania., Philadelphia, University of Pennsylvania Press [1900]. Vol. VI, No. 5, pp. 20-21

This text is part of the Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.