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Hincmar continues, and supplies details worthy of reproduction, for they give an insight into the imperial government and the action of Charlemagne himself amid those most ancient of the national assemblies: "Things went on thus for one or two capitularies, or a greater number, until, with God's help, all the necessities of the occasion were regulated.
The codes, the capitularies, the formularies, and the customs, by which, till that time, the feudal nations had been governed, fell very short of affording them the legal provisions, which society, in the improved state of civilization, to which it was then advancing, evidently required.
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 of prohibitive stamp; among 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 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:
There were appeals from them to the imperial tribunal, over which the Palsgrave presided. Twice in the year great Assemblies were held of the chiefs and people, to give advice as to the framing of laws. The enactments of these assemblies are collected in the Capitularies of the Frank kings.
The Capitularies are the laws or legislative measures of the Frankish kings, Merovingian as well as Carlovingian. Those of the Merovingians are few in number and of slight importance, and amongst those of the Carlovingians, which amount to one hundred and fifty-two, sixty-five only are due to Charlemagne.
He held important assemblies of the nobles and prelates each spring or summer, where the interests of the Empire were considered. With the sanction of his advisers, he issued an extraordinary series of laws, called capitularies, a number of which have been preserved.
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.
The state owes them nothing; those only are entitled to favour, who qualify themselves for serving and illustrating their country by their talents and their merits." The civil law then consisted of the Theodosian code, the Salic, Ripuarian, Allemannic, Bavarian, Burgundian, and other codes; and of the formularies of Angesise and Marculfus. To these Charlemagne added his own capitularies.
In a cellar of Gargantuan abode he hid away a fine heap of red wheat, beside twenty jars of mustard and several delicacies, such as plums and Tourainian rolls, articles of a dessert, Olivet cheese, goat cheese, and others, well known between Langeais and Loches, pots of butter, hare pasties, preserved ducks, pigs' trotters in bran, boatloads and pots full of crushed peas, pretty little pots of Orleans quince preserve, hogsheads of lampreys, measures of green sauce, river game, such as francolins, teal, sheldrake, heron, and flamingo, all preserved in sea-salt, dried raisins, tongues smoked in the manner invented by Happe-Mousche, his celebrated ancestor, and sweetstuff for Garga-melle on feast days; and a thousand other things which are detailed in the records of the Ripuary laws and in certain folios of the Capitularies, Pragmatics, royal establishments, ordinances and institutions of the period.
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