Capitulary of Charlemagne Issued in the Year 802

(From "Mon. Germ. hiss." [Quarto Series] LL. IL., p. 91 99; also to be found in
" Altmann u. Bernheim," p. 4.)
CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.
The most serene and most Christian emperor Charles, did choose from among hi
s nobles the most prudent and the wisest men archbishops as well as other bishop
s, and venerable abbots, and pious laymen and did send them over his whole kingd
om; and did grant through them, by means of all the following provisions, that m
en should live according to law and right. He did order them, moreover, that, wh
ere anything is contained in the law that is otherwise than according to right a
nd justice, they should inquire into this most diligently, and make it known to
him: and he, God granting, hopes to better it. And let no one, through his cleve
rness or astuteness-as many are accustomed to do-dare to oppose the written law,
or the sentence passed upon him, or to prevail against the churches of God or t
he poor, or widows, or minors, or any Christian man. But all should live togethe
r according to the precept of God in a just manner and under just judgment, and
each one should be admonished to live in unity with the others in his occupation
or calling. The monastic clergy should altogether observe in their actions a ca
nonical mode of living, far removed from turpid gains; nuns should keep diligent
guard over their lives; laymen and secular clergy should make proper use of the
ir privileges without malicious fraud; all should live together in mutual charit
y and perfect peace. And let the messengers diligently investigate all cases whe
re any man claims that injustice has been done to him by any one, according as t
hey themselves hope to retain for themselves the grace of omnipotent God, and to
preserve the fidelity promised to him. And thus, altogether and everywhere and
in all cases, whether the matter concerns the holy churches of God, or the poor,
or wards and widows, or the whole people, let them fully administer law and jus
tice according to the will and to the fear of God. And if there should be any ma
tter such that they themselves, with the counts of the province, could not bette
r it and render justice with regard to it: without any ambiguity they shall refe
r it, together with their reports, to the emperor's court. Nor should anyone be
kept back from the right path of justice by the adulation or the reward of any m
an, by the obstacle of any relationship, or by the fear of powerful persons.
2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.
And he ordained that every man in his whole kingdom -ecclesiastic or layman,
each according to his vow and calling-who had previously promised fealty to him
as king should now make this promise to him as emperor; and that those who had
hitherto not made this promise should all, down to those under 12 years of age,
do likewise. And he ordained that it should be publicly told to all-so that each
one should understand it-what important things and how many things are comprehe
nded in that oath: not alone, as many have hitherto believed, fidelity to the em
peror as regards his life, or the not introducing an enemy into his kingdom for
a hostile purpose, or the not consenting to the infidelity of another, or the no
t keeping silent about it. But all should know that the oath comprises in itself
the following meaning:
3. Firstly, that every one of his own accord should strive, according to his
intelligence and strength, wholly to keep himself in the holy service of God ac
cording to the precept of God and to his own promise-inasmuch as the emperor can
not exhibit the necessary care and discipline to each man singly.
4. Secondly, that no one, either through perjury or through any other wile o
r fraud, or on account of the flattery or gift of any one, shall refuse to give
back, or dare to abstract or conceal a slave of the emperor, or a district or te
rritory or anything that belongs to his proprietary right; and that no one shall
presume to conceal or abstract, through perjury or any other wile, fugitive fis
caline slaves who unjustly and fraudulently call themselves free.
5. That no one shall presume through fraud to plunder or do any injury to th
e holy churches of God, or to widows, orphans or strangers; for the emperor hims
elf, after God and his saints, has been constituted their protector and defender
.
6. That no one shall dare to devastate a fief of the emperor or to take poss
ession of it.
7. That no one shall presume to neglect a summons to arms of the emperor; an
d that no count be so presumptuous as to dare to release out of regard for any r
elationship, or on account of flattery or of any one's gift-any one of those who
owe military service.
8. That no one at all shall dare in any way to impede a bann or precept of t
he emperor, or delay or oppose or damage any undertaking of his, or in any way a
ct contrary to his will and precepts. And that no one shall dare to interfere wi
th his taxes and with what is due to him.
9. That no man shall make a practice of unjustly carrying on the defence of
another in court, whether from any cupidity, being not a very great pleader; or
in order, by the cleverness of his defence, to impede a just judgment or, his ca
se being a weak one, by a desire of oppressing. but each man, with regard to his
own case, or tax, or debt, must carry on his own defence; unless he be infirm o
r ignorant of pleading-for which sort of persons the "missi," or those who presi
de in that court, or a judge who knows the case for the defendant, shall plead b
efore the court. Or, if necessary, such a person may be granted for the defence
as shall be approved by all, and well versed in that case. This, however, shall
be done altogether according to the pleasure of those who preside, or of the "mi
ssi" who are present. And all this shall be done in every way according to law,
so that justice shall be in no way impeded by any gift, payment, or by any wile
of evil adulation, or out of regard for any relationship. And that no man shall
make any unjust agreement with another, but that all shall be prepared, with all
zeal and good will to carry out justice.
For all these things here mentioned should be observed as being comprised in
the oath to the emperor.
10. That bishops and priests should live according to the canons and should
teach others to do likewise.
11. That bishops, abbots and abbesses, who are placed in power over others,
should strive to surpass in veneration and diligence those subject to them; that
they should not oppress them with severe and tyrannous rule, but should careful
ly guard the flock committed to them, with simple love, with mercy and charity,
and by the example of good works.
12. That abbots should live where the monks are, and wholly with the monks,
according to the rule; and that they should diligently teach and observe the can
ons; and that abbesses shall do the same.
13. That bishops, abbots and abbesses, shall have bailiffs and sheriffs and
judges skilled in the law, lovers of justice, peaceful and merciful: so that, th
rough them, more profit and gain may accrue to the holy church of God. For on no
account do we wish to have harmful or greedy provosts or bailiffs in a monaster
y; for, from them, the greatest blasphemies or evils may arise for us. But let t
hem be such as the decree of the canons or of the rule bids them to be,-submissi
ve to the will of God, and always ready to do justice in every way, wholly obser
ving the law without malice or fraud, always exercising a just judgment in all t
hings: such provosts, in short, as the holy rule recommends. And they shall alto
gether observe this, that they shall on no account(1)€.... depart from the model
of the canons or the rule, but shall practice humility in all things. If they p
resume to act otherwise they shall feel the discipline prescribed in the rule; a
nd, if they be unwilling to amend their ways, they shall be removed from their p
revostship, and others who are worthy shall be chosen in their stead.
14. That bishops, abbots and abbesses, and counts shall be mutually in accor
d, agreeing, with all charity and unity of peace, in wielding the law and in fin
ding a right judgment; and that they shall faithfully live according to the will
of God, so that everywhere and always, through them and among them, just judgme
nts may be carried out. The poor, widows, orphans and pilgrims shall have consol
ation and protection from them; so that we, through their good will, may merit,
rather than punishment, the rewards of eternal life.
15. We will, moreover, and decree, that abbots and all monks shall be subjec
t in all obedience to their bishops, as the canonical institutions require. And
all churches and chapels shall remain in the protection and power of the church.
 And no one shall presume to divide or cast lots for the property of the church.
And what is once offered (for sale ?) shall go no further, but shall be sanctif
ied and reclaimed. And if ally one presume to act counter to this, he shall pay
and make good our royal fine. And the monks of that province shall be admonished
by the bishop; and, if they do not amend their ways, then the archbishop shall
call them before the synod; and, if they do not thus better themselves, then the
y, together with the bishop, shall come to our presence.
16. In the matter of choosing candidates for ordination, the emperor has con
firmed this now to the bishops and abbots just as he formerly conceded it to the
m under the Frankish law. With this restriction, however, that a bishop or abbot
shall not prefer the more worthless men in a monastery to the better ones; nor
endeavour, on account of relationship, or through any flattery, to advance them
over the better ones; nor bring such a one before us to be ordained, when he has
a better man whom he conceals and oppresses. We absolutely will not allow this
for it seems to be done out of derision and deceitfulness towards us. But let th
ere be prepared for ordination in the monasteries men of such kind that, through
them, gain and profit will accrue to us and to those who recommend them.
17. That the monks, moreover, shall live firmly and strictly according to th
e rule; since we know that whoever is lukewarm in carrying out His will, is disp
leasing to God. As John, in the Apocalypse, bears witness: "I would that thou we
rt cold or hot. So then, because thou art lukewarm, I will spue thee out of my m
outh." They shall on no account take upon themselves secular occupations. They s
hall not be permitted to go outside of the monastery unless great necessity comp
els them; and the bishop in whose diocese they are shall take great care that th
ey do not gain the habit of wandering round outside of the monastery. But if it
be necessary for any one, as an act of obedience, to go outside, this shall be d
one by the advice and with the consent of the bishop; and such persons shall be
sent out, provided with a certificate of character, who are not evil-minded, and
about whom no evil opinion is held. As to the outlying estates or property of t
he monastery, the abbot by the advice and with the permission of the bishop, sha
ll decree who shall look after them; not a monk, unless subject to another monas
tery. They shall in every way avoid earthly pursuit of gain, or a desire for wor
ldly things. For avarice and concupiscence are to be avoided by all Christians i
n this world, but chiefly by those who have renounced the world and its desires.
Let no one presume to start a quarrel or dissension either within or without th
e monastery. Whoever shall have presumed to do so, shall be punished by the most
severe discipline of the rule, so that others shall have fear of doing likewise
. Let them altogether avoid drunkenness and feasting; for it is known to all tha
t chiefly through them one comes to be polluted by lust. For the very pernicious
rumour has come to our ears that many, in the monasteries, have been taken in f
ornication in abomination and uncleanness. And most of all it saddens and distur
bs us that it can be said without error that from those things whence the greate
st hope of salvation for all Christians is believed to arise-namely, the manner
of living and the chastity of the monks-the evil has arisen that some of the mon
ks are found to be sodomites.
18. Monasteries for women shall be firmly ruled, and the nuns shall by no me
ans be permitted to wander about, but shall be kept with all diligence. For shal
l they be permitted to quarrel or contend among themselves, or in any way to be
disobedient and refractory towards their masters and abbesses. Where they live u
nder the rule, they shall observe all things altogether according to the rule. T
hey shall not be given to fornication, drunkenness, or cupidity; but in all ways
they shall live justly and soberly. And let no man enter into their cloister or
monastery, unless a priest, with testimonials, enter it for the sake of visitin
g the sick, or for the mass alone; and straightway thereafter he shall go out ag
ain. And let no one enroll his daughter among the congregation of the nuns witho
ut the knowledge and consideration of the bishop to whose diocese that place per
tains; and let the latter himself diligently ascertain that she is desirous of r
emaining in the holy service of God, and there confirm the stability of her vow.
Moreover, the handmaids of other men, and such women as are not willing to live
according to the manner of life in the holy congregation, shall all be altogeth
er ejected from the congregation.
19. That no bishops, abbots, priests, deacons-no one in short, belonging to
the clergy-shall presume to have hunting dogs or hawks, falcons or sparrow-hawks
; but each one shall keep himself wholly in his proper sphere, according to the
canons, or according to the rule. Any one who presumes to do this (have hunting
dogs, etc.) shall know that he loses his standing. Furthermore he shall suffer s
uch punishment for this, that others shall fear to wrongfully do likewise.
20. That abbesses and their nuns shall, with one mind and diligently, keep t
hemselves within their cloister-walls' and by no means presume to go outside of
their cloisterwalls. But the abbesses, when they propose to send out any of the
nuns, shall by no means do this without the permission and advice of their bisho
p. Likewise when any ordinations are to take place in the monasteries, or any pe
rsons to be received into the monasteries, this also they shall first fully talk
over with their bishops. And the bishops shall announce to the archbishop what
they consider the best and most advantageous course of proceeding; and with his
advice they shall carry out what is to be done.
21. That priests and the other lesser clergy, whom they have to help them in
their ministry, shall altogether show themselves subject to their bishops, as t
he canons demand. As they desire our favour and their own advancement, let them
consent fully to be taught in sacred subjects by these their bishops.
22. The secular clergy, moreover, ought to lead a completely canonical life,
and be educated in the episcopal palace, or also in a monastery, with all dilig
ence according to the discipline of the canons. They shall by no means be permit
ted to wander at large, but shall live altogether apart, not given to disgracefu
l gain, not fornicators, not thieves, not homicides, not ropers, not quarrelsome
, not wrathful, not proud, not drunken; but chaste in heart and body, humble, mo
dest, sober, merciful, peaceful; that, as. sons of God they may be worthy to be
promoted to sacred orders: not, like those who are called sarabaites, living in
towns and villages near or adjoining the church, without master and without disc
ipline, revelling and fornicating, and also doing other wicked deeds the consent
ing to which is unheard of.
23. Priests shall carefully pay heed to the clergy Shone they have with them
, that they live according to the canons; that they be not given to vain sports
or worldly feastings, or songs or luxuries, but that they live chastely and heal
thfully.
24. Moreover, any priest or deacon who after this shall presume to have wome
n in his house without permission of the canons, shall be deprived at once of hi
s position and of his inheritance until he shall be brought into our presence.
25. That counts and centenars shall see to it that justice is done in full;
and they shall have younger men in their service in whom they can securely trust
, who will faithfully observe law and justice, and by no means oppress the poor;
who will not, under any pretext, induced by reward or flattery, dare to conceal
thieves, robbers, or murderers, adulterers, magicians and wizards or witches, o
r any godless men,-but will rather give them up that they may be bettered and ch
astised by the law: so that, God permitting, all these evils may be removed from
the Christian people.
26. That judges shall judge justly, according to the written law and not acc
ording to their own judgment.
27. We decree that throughout our whole realm no one shall dare to deny hosp
itality to the rich, or to the poor, or to pilgrims: that is, no one shall refus
e shelter and fire and water to pilgrims going through the land in God's service
, or to any one travelling for the love of God and the safety of his soul. If an
y one shall wish to do further kindness to them, he shall know that his best rew
ard will be from God, who said Himself: " And who so shall receive one such litt
le child in my name, receiveth me." And again: " I was a stranger and ye took me
in."
28. Concerning embassies coming from the lord emperor.-That the counts and c
entenars, as they desire to obtain the emperor's favour, shall provide with all
care for the envoys sent, so that they may go through their districts without de
lay. And he altogether recommends to all to arrange all that shall be required,
in such manner that there shall nowhere be delay; but they shall speed them on t
heir way with all haste, and shall provide for them as they, our envoys, may arr
ange.
29. That our judges, counts, or envoys shall not have a right to extort paym
ent of the remitted fine, on their own behalf, from those destitute persons to w
hom the emperor has, in his mercy, forgiven what they ought to pay by reason of
his balm.
30. As to those whom the emperor wishes by Christ's favour to have peace and
defence in his kingdom-that is those who, whether Christians or pagans, hasten
to his. presence desiring to announce something, or those who seek alms on accou
nt of indigence or hunger-let no none dare to constrain them to do him service,
or take possession of them, or alienate or sell them: but where they remain of t
heir own will, there they, under the protection of the emperor, shall have alms
from his bounty. If any one shall presume to transgress this, he shall know that
he shall atone for it with his life, for having so presumptuously despised the
commands of the emperor.
31. And let no one presume to contrive injuries or in. suits against those w
ho announce a judgment of the emperor, or to show hostility to them in any way.
Whoever shall have presumed to do this shall pay the king's bann; or, if he dese
rve a greater punishment, it is ordered that he be brought into the king's prese
nce.
32. With every kind of protestation we command that men leave off and shun m
urders, through which many of the Christian people perish. If God forbids hatred
and enmity to his followers, much more does he forbid murders. For how can any
one hope to be pleasing to God who has slain His son who is nearest to Him? Or h
ow can any one believe that Christ will be gracious to him who has slain his bro
ther. It is a great and inevitable risk to arouse the hatred of men besides incu
rring that of God the Father and of Christ the ruler of Heaven. By hiding, one c
an escape them for a time; but, nevertheless, one falls by some chance into the
hands of his enemies. And where can one flee God to whom all secrets are manifes
t ? by what rashness can any one hope to evade His wrath? Therefore we have take
n care to avoid, by every possible regulation, that the people committed to us t
o be ruled over perish by this evil. For he who has not feared that God will be
angry with him, will by no means find us gentle and gracious; we wish rather to
punish with the greatest severity him who dares to commit the crime of murder. L
est, then, crime increase, and in order that very great discord may not arise am
ong men,-wherever under the devil's suasion, a murder has occurred, the guilty o
ne shall straightway hasten to make his amends, and shall, with all celerity, co
mpound worthily with the relatives of the dead man for the evil done. And this w
e firmly decree under fur bane, that the relatives of the dead man shall by no m
eans dare to carry further their enmity on account or the evil inflicted, or ref
use to make peace with him who seeks it; but, pledging their faith, they shall m
ake a lasting peace, and the guilty man shall make no delay in paying the wergel
d. When, moreover, through the influence of sin, this shall have happened, that
any one shall have slain his brothers or his relative, he shall straightway subm
it himself to the penance imposed, according as his bishop decides, and without
any circumvention. But by the help of God he shall strive to work out his atonem
ent; and he shall pay the fine for the slain man according to the law, and shall
fully be reconciled to his relatives. And, having pledged their faith, let no o
ne thenceforth dare to start hostilities. And whoever shall scorn to make proper
amends shall be deprived of his inheritance until we shall have rendered our ju
dgment.
33. We altogether prohibit the crime of incest. If any one be contaminated b
y sinful adultery, he shall not be released without grave severity, but shall so
be punished for this that others may have fear of doing the same: so that uncle
anness may be altogether removed from the Christian people, and that the guilty
man may fully atone by such penance as shall be imposed on him by his bishop. An
d that woman shall be placed in the hands of her relatives until we pass sentenc
e. But if the man be unwilling to submit to the sentence of the bishop concernin
g what amends he shall make, then let him be brought before our presence, mindfu
l of the example which was made in the case of the incest committed by Fricco in
the temple.
34. That all shall be fully and well prepared whenever our order or announce
ment shall come. If any one then say that he be not prepared, and avoid our mand
ate, let him be brought to the palace; and not only he, but likewise all who pre
sume to transgress our bann or command.
36. That all men shall at all times, in the service and will of God, venerat
e with all honour their bishops and priests. Inlet them not dare to pollute them
selves and others by incestuous nuptials; let them not presume to be wedded unti
l the bishops and priests, together with the elders of the people, shall diligen
tly inquire into the degree of blood-relationship between those being joined tog
ether. And then, with a benediction, let them be wedded. Let them avoid drunkenn
ess, shun greed, commit no theft. Let strife and contentions and blasphemy wheth
er at feasts or assemblies, be altogether avoided but let them live in charity a
nd concord
36. Also that, in carrying out every sentence, all shall be altogether of on
e mind with our envoys. And they shall not at all permit the practice of perjury
, which most evil crime must be removed from Christian people. If any one hencef
orth shall be proved a perjurer. he shall know that he shall lose his right hand
; and he shall, in addition be deprived of his inheritance until we have judged
his case.
37. As to patricides or fratricides, or those who have slain their mother's
or their father's brother, or any relation,-if they have been unwilling to obey
and agree to the sentence of the bishops and other priests: for the safety of th
eir souls and that they may pay a just penalty-. let our envoys and counts keep
them in such custody until they are brought into our presence, that they may be
safe and may not infect other people. And they shall, in the meantime, be depriv
ed of their property.
38. And let the like be done to those who have been reprimanded and correcte
d for unlawful and incestuous unions, and who art not willing to obey their bish
ops and priests, and who presume to despise our bann.
39. Let no one in our forests dare to rob our game which we have already man
y times forbidden to be done And now again we firmly decree that no one shall do
this any more. Each one shall keep guard on himself as he hopes to keep the fea
lty sworn to us. But if any count or centenar or lower official of ours, or any
one of our serving-men, shall have stolen our game, he shall without fail be bro
ught to our presence and called to account. Any other common man who may have st
olen our game, shall compound for it to the full extent of the law; and by no me
ans shall any allowance be made for such persons in this matter. If any one know
s that this evil deed has been perpetrated by another, let him not, by the fealt
y which he has promised and must now promise to us, dare to conceal it.
40. Lastly, then, we wish our decrees to be known, through the envoys whom w
e now send, by everyone in our whole realm-by ecclesiastics, viz.: bishops, abbo
ts, priests, deacons, canons, all monks and nuns;-so that they, each one in his
office or calling, may keep our bean and decree either in cases where it shall b
e necessary to thank those subject to them for their good will, or to lend them
aid, or in cases where there may be need of applying a remedy. Likewise we wish
our decrees to be known by laymen and in all places-whether they concern the pro
tection of churches or widows, or orphans or the weak; or the plundering of them
, or the fixing of the assembling of the army, or any other matters: in order th
at they may be obedient to our command to our will, and that each one may strive
in all things to keep himself in the sacred service of God. And thus may all th
ese things be good and to the praise of omnipotent God, and may we give thanks w
here they are due; but when we think that any thing needs vengeance, may we stri
ve with all our will and all our zeal to better it,-so that, with God's aid, we
may succeed in bettering it, to the eternal gain of ourselves and all our follow
ers. Likewise we wish that all the above decrees be made known to our counts and
centenars and officials.
(1)€The MS. is here defective.€Back
Henderson's Note
 The Capitulary of 802, is, in reality, nothing more nor less than the founda
tion charter of that longlived institution, the Holy Roman Empire. The latter, a
s will be remembered, began its existence on Christmas-day, 800, and ended it on
August 6th, 1806. Already in Voltaire's time it had ceased to be " either holy,
or Roman, or an empire," but its pretensions were kept up until all Germany fel
l asunder before the wars and the wiles of Napoleon.
This capitulary of Charlemagne is the programme, so to speak, of the young e
mpire. It is the ideal-an ideal never once to be fulfilled-of what that empire s
hould have been. At the head of all things stands the emperor, whose greatest du
ty it is to provide for the welfare of his subjects. Every male being in his rea
lm who is over twelve years of age has to plight his troth to him. In his hands
are justice, morality, and religion. His realm is to be a haven of rest where al
l discords are to cease and no one to infringe on the rights of another. In his
care are all the churches of God, all widows, orphans, and strangers, "for the e
mperor himself, after God and His saints, has been constituted their protector a
nd defender."
Quite new, in the present document, is the introduction of the "missi domini
ci"-regular envoys who were to radiate from the emperor as a centre, and bring p
eace and justice to all parts of the realm. They were to overlook all the differ
ent officials, and to listen to complaints against them. So excellent was the in
stitution that one similar to it was adopted in England, where in the time of He
nry II. the itinerant justices formed an important feature of the administration
.
It is worth while to notice how completely, at this time, the clergy were un
der the rule of the emperor. The new empire was to be as much of a theocracy as
the kingdom of that David whose name Charlemagne bore in the intimate circle of
his learned friends. But too soon, alas, the elements of disruption were to make
themselves felt. The clergy were to assert their allegiance to a King higher th
an any earthly monarch, whose commands, as issued and tampered with by His repre
sentative on earth, were to be at variance with all the best interests of the em
peror. Nationality was to war with universalism, the accepted principles of here
dity with the desire for the necessary unity; and with the death of the last Car
olingian emperor the empire itself was irretrievably to be cleft and riven.
Source:
Henderson, Ernest F.
Select Historical Documents of the Middle Ages
London : George Bell and Sons, 1896.