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 exalte
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