into the interior of the collection, and examine the articles of which each capitulary is composed; we shall here find the same diversity, the same confusion; we shall here, in like manner, find how inadequate has been the attention hitherto paid to this study, and how fallacious are most of the results which have been deduced from it.

I have analyzed the sixty-five capitularies of Charlemagne, classifying under eight heads, according to the nature of the provisions, the articles which they comprise. These eight heads are:

1. Moral legislation.

2. Political legislation.
3. Penal legislation.
4. Civil legislation.
5. Religious legislation.
6. Canonical legislation.
7. Domestic legislation.
8. Occasional legislation.

I will first lay this classification before you, and then make some observations upon each head.

Analytical Table of the Capitularies of Charlemagne-continued.

Let us now examine a little more closely the contents of this table; the examination will be a very rapid one, but sufficient, I hope, to give you an idea of the true character of the government of Charlemagne, and of the monuments which exist of it in this collection.

I. Moral Legislation.—I have classed under this title those articles which are neither commanding nor prohibitory; which, in truth, are not laws at all, but mere advice, suggestions, or moral precepts. For instance:

"Avarice consists in desiring the possessions of others, and in not giving to others a share of that which we ourselves possess; according to the apostle, it is the root of all evil, and it should, therefore, be carefully avoided.1

"Those who apply themselves to amass property by all sorts of ways make dishonorable gains.2

"All men should practise hospitality.3

"Keep clear of theft, of unlawful marriages, of bearing false witness, as we have often exhorted you, and as is exhorted by the Word of God."4

The legislator goes even further than this; he seems to think himself responsible for the conduct of each individual, and apologises for not being able to fulfil this responsibility to the extent he desires:

1 Cap. a., 806, § 15; Baluze, i., 454
3 Cap. a.,
794, 33; ib., 268.

2 lb., § 16.

4 Ib., 789, § 56; ib., 236.

"It is necessary," he says, "that every man should seek, to the best of his strength and ability, to serve God and walk in the way of his precepts; for the lord emperor cannot watch over each person individually, with the necessary care, or keep each man in proper discipline.

Is not this pure morality? Such provisions are foreign to the laws of rising societies and to those of perfected societies: open the Salic law and our codes, you will find nothing of the kind there; they in no way address themselves to human liberty in order to give it counsel; they contain merely formally prohibitive or imperative texts. But in the passage from primitive barbarism to civilization, legislation takes another character; morality is introduced into it, and becomes, for a certain period, matter of law. Skilful legislators, founders or reformers of societies, comprehend the empire which the idea of duty exercised over men; the instinct of genius warns them, that without its support, without the free concurrence of the human will, society can neither be maintained nor developed in peace; and they apply themselves to introduce this idea into the souls of men in every kind of way, and they make legislation a kind of preaching, a medium of instruction. Consult the history of every nation, the Hebrews, the Greeks, &c., you will everywhere recognize this fact; you will everywhere find between the epoch of the primitive laws, which are purely penal, prohibitive, destined to repress the abuses of force; and the epoch of scientific laws, which have confidence in morality, in the reason of individuals, and leave all which is purely moral in the domain of liberty; between these two epochs, I say, you will always find one in which morality is the object of legislation, in which legislation formally writes and teaches

it. Gaulo-Frankish society was at this point when Charlemagne governed it; and this was one of the causes of his close alliance with the church, the only power then capable of teaching and preaching morality.

I accordingly comprehend, under the name of moral legislation, all relating to the intellectual development of men; for example, all the provisions of Charlemagne concerning schools, what books to distribute, the reformation of ecclesiastical offices, &c.

II. Political Legislation.-This is one of the most considerable portions of the capitularies; it comprehends two hundred and ninety-three articles. Under this head I place—

1. The laws and measures of Charlemagne of all kinds, to ensure the execution of his orders throughout the extent of his states; for example, all provisions relative to the nomination or conduct of his various agents, counts, dukes, vicars, centeniers, &c.; they are numerous, and are constantly repeated.

2. The articles whose object is the administration of justice, the sitting of local courts, the forms to be followed there, the military service, &c.

3. The police legislations, which are very various, and sometimes go into the most minute details; the provinces, the army, the church, merchants, beggars, public places, the interior of the imperial palace, alternately form the object of them. We there meet, for example, with an attempt to fix the price of goods, a veritable attempt at a maximum price.

“The most pious lord our king has decreed, with the consent of the holy synod, that no man, ecclesiastic or layman, shall, whether in times of plenty or in times of scarcity, sell provisions dearer than at the price recently fixed by the bushel, namely: a bushel of oats, one denier; of barley, two deniers; of rye, three deniers; of wheat, four deniers. If he desires to sell it in loaves, he shall give twelve loaves of wheat, each of two pounds, for one denier, fifteen loaves of rye, twenty of barley, or twenty-five of oats, of the same weight, also for one denier, &c."

The suppression of mendicity and a poor rate, likewise appear there.

"With regard to vagrant mendicants, we order, that each of our subjects support his own poor, whether on his fees or within his house, and not allow them to go elsewhere to beg. If such beggars are found, and they do no work with their hands, let no one think of giving them anything."

The provisions relative to the internal regulation of the palace give a singular idea of the disorders and violences which were committed there :