and Bavarian; extracts from acts of councils; instructions given by Charlemagne to his envoys in the provinces; questions that he proposed to put to the bishops or counts when they came to the national assembly; answers given by Charlemagne to questions addressed to him by the bishops, counts, or commissioners (missi dominici); judgments, decrees, royal pardons, and simple notes that Charlemagne seems to have had written down for himself alone, to remind him of what he proposed to do; in a word, nearly all the various acts which could possibly have to be framed by an earnest, far-sighted and active government. Often, indeed, these Capitularies have no imperative or prohibitive character; they are simple counsels, purely moral precepts. We read therein, for example—
“Covetousness doth consist in desiring that which others possess, and in giving away nought of that which one’s self possesseth; according to the Apostle it is the root of all evil.”
And—
“Hospitality must be practised.”
The Capitularies which have been classed under the heads of political, penal, and canonical legislation are the most numerous, and are those which bear most decidedly an imperative or prohibitive stamp; amongst them a prominent place is held by measures of political economy, administration, and police; you will find therein an attempt to put a fixed price on provisions, a real trial of a maximum for cereals, and a prohibition of mendicity, with the following clause:—
“If such mendicants be met with, and they labor not with their hands, let none take thought about giving unto them.”
The interior police of the palace was regulated thereby, as well as that of the empire:
“We do will and decree that none of those who serve in our palace shall take leave to receive therein any man who seeketh refuge there and cometh to hide there, by reason of theft, homicide, adultery, or any other crime. That if any free man do break through our interdicts, and hide such malefactor in our palace, he shall be bound to carry him on his shoulders to the public quarter, and be there tied to the same stake as the malefactor.”
Certain Capitularies have been termed religious legislation in contradistinction to canonical legislation, because they are really admonitions, religious exhortations, addressed not to ecclesiastics alone, but to the faithful, the Christian people in general, and notably characterized by good sense, and, one might almost say, freedom of thought.
For example,
“Beware of venerating the names of martyrs falsely so called, and the memory of dubious saints.”
“Let none suppose that prayer cannot be made to God save in three tongues [probably Latin, Greek, and Germanic, or perhaps the vulgar tongue; for the last was really beginning to take form], for God is adored in all tongues, and man is heard if he do but ask for the things that be right.”
These details are put forward that a proper idea may be obtained of Charlemagne as a legislator, and of what are called his laws. We have here, it will be seen, no ordinary legislator and no ordinary laws: we see the work, with infinite variations and in disconnected form, of a prodigiously energetic and watchful master, who had to think and provide for everything, who had to be everywhere the moving and the regulating spirit. This universal and untiring energy is the grand characteristic of Charlemagne’s government, and was, perhaps, what made his superiority most incontestable and his power most efficient.
It is noticeable that the majority of Charlemagne’s Capitularies belong to that epoch of his reign when he was Emperor of the West, when he was invested with all the splendor of sovereign power. Of the sixty-five Capitularies classed under different heads, thirteen only are previous to the 25th of December, 800, the date of his coronation as emperor at Rome; fifty-two are comprised between the years 801 and 804.
The energy of Charlemagne as a warrior and a politician having thus been exhibited, it remains to say a few words about his intellectual energy. For that is by no means the least original or least grand feature of his character and his influence.
Modern times and civilized society have more than once seen despotic sovereigns filled with distrust towards scholars of exalted intellect, especially such as cultivated the moral and political sciences, and little inclined to admit them to their favor or to public office. There is no knowing whether, in our days, with our freedom of thought and of the press, Charlemagne would have been a stranger to this feeling of antipathy; but what is certain is, that in his day, in the midst of a barbaric society, there was no inducement to it, and that, by nature, he was not disposed to it. His power was not in any respect questioned; distinguished intellects were very rare; Charlemagne had too much need of their services to fear their criticisms, and they, on their part, were more anxious to second his efforts than to show towards him anything like exaction or independence. He gave rein, therefore, without any embarrassment or misgiving, to his spontaneous inclination towards them, their studies, their labors, and their influence. He drew them into the management of affairs. In Guizot’s History of Civilization in France there is a list of the names and works of twenty-three men of the eighth and ninth centuries who have escaped oblivion, and they are all found grouped about Charlemagne as his own habitual advisers, or assigned by him as advisers to his sons Pepin and Louis in Italy and Aquitania, or sent by him to all points of his empire as his commissioners (missi dominici), or charged in his name with important negotiations. And those whom he did not employ at a distance formed, in his immediate neighborhood, a learned and industrious society, a school of the palace, according to some modern commentators, but an academy, and not a school, according to others, devoted rather to conversation than to teaching. It probably fulfilled both missions; it attended Charlemagne at his various residences, at one time working for him at questions he invited them to deal with, at another giving to the regular components of his court, to his children and to himself, lessons in the different sciences called liberal, grammar, rhetoric, logic, astronomy, geometry, and even theology and the great religious problems it was beginning to discuss.
Two men, Alcuin and Eginhard, have remained justly celebrated in the literary history of the age. Alcuin was the principal director of the school of the palace, and the favorite, the confidant, the learned adviser of Charlemagne. “If your zeal were imitated,” said he one day to the emperor, “perchance one might see arise in France a new Athens, far more glorious than the ancient—the Athens of Christ.” Eginhard, who was younger, received his scientific education in the school of the palace, and was head of the public works to Charlemagne, before becoming his biographer, and, at a later period, the intimate adviser of his son Louis the Debonnair. Other scholars of the school of the palace, Angilbert, Leidrade, Adalhard, Agobard, Theodulph, were abbots of St. Riquier or Corbie, archbishops of Lyons, and bishops of Orleans. They had all assumed, in the school itself, names illustrious in pagan antiquity; Alcuin called himself Flaeens; Angilbert, Homer; Theodulph, Pindar. Charlemagne himself had been pleased to take, in their society, a great name of old, but he had borrowed from the history of the Hebrews—he called himself David; and Eginhard, animated, no doubt, by the same sentiments, was Bezaleel, that nephew of Moses to whom God had granted the gift of knowing how to work skilfully in wood and all the materials which served for the construction of the ark and the tabernacle. Either in the lifetime of their royal patron, or after his death, all these scholars became great dignitaries of the Church, or ended their lives in monasteries of note; but, so long as they lived, they served Charlemagne or his sons not only with the devotion of faithful advisers, but also as followers proud of the master who had known how to do them honor by making use of them.
It was without effort and by natural sympathy that Charlemagne had inspired them with such sentiments; for he, too, really loved sciences, literature, and such studies as were then possible, and he cultivated them on his own account and for his own pleasure, as a sort of
