Note: The word Capitulary (from the Latin for Chapter) is used to describe a collection of ordinances, as issued by the Frankish kings. The Capitulary of Charlemagne (of 802) was regarded by its translator as "nothing more nor less than the foundation charter of that longlived institution, the Holy Roman Empire" Charlemagne issued 'chapters' dealing with a range of topics.
For garden historians, the most famous Capitulary (below) deals with the list of plants to be grown on royal estates. Charlemagne owned a number of villas which were planned on the Roman model. Since he spent most of his life on military campaigns, his possessions were transported in wagons and arranged in whichever villa he chose to stay in. Since his Empire was relatively stable, his residences did not need to be fortified in the manner of the medieval castles which were built after his death. The plant list is analysed with great care by John Harvey in his book on Medieval Gardens. Harvey is struck by the fact that the first plants on the list are ornamental, though both the Lily and Rose had medicinal uses, as the contemporary poem by Walafried Strabbo relates.
The following Capitulary gives instructions on household management
We desire that each steward shall make an annual statement of all our income, giving an account of our lands cultivated by the oxen which our own plowmen drive and of our lands which the tenants of farms ought to plow; of the pigs, of the rents, of the obligations and fines; of the game taken in our forests without our permission; of the various compositions; of the mills, of the forest, of the fields, of the bridges and ships; of the free men and the districts under obligations to our treasury; of markets, vineyards, and those who owe wine to us; of the hay, firewood, torches, planks, and other kinds of lumber; of the waste lands; of the vegetables, millet, panic; of the wool, flax, and hemp; of the fruits of the trees; of the nut trees, larger and smaller; of the grafted trees of all kinds; of the gardens; of the turnips; of the fish ponds; of the hides, skins, and horns; of the honey and wax; of the fat, tallow, and soap; of the mulberry wine, cooked wine, mead, vinegar, beer, and wine, new and old; of the new grain and the old; of the hens and eggs; of the geese; of the number of fishermen, workers in metal, sword makers, and shoemakers; of the bins and boxes; of the turners and saddlers; of the forges and mines-that is, of iron, lead, or other substances; of the colts and fillies. They shall make all these known to us, set forth separately and in order, at Christmas, so that we may know what and how much of each thing we have.
The greatest care must be taken that whatever is prepared or made with the hands-that is, bacon, smoked meat, sausage, partially salted meat, wine, vinegar, mulberry wine, cooked wine, garum, mustard, cheese, butter, malt, beer, mead, honey, wax, flour-all should be prepared and made with the greatest cleanliness. Each steward on each of our domains shall always have, for the sake of ornament, peacocks, pheasants, ducks, pigeons, partridges, and turtle-doves.
In each of our estates the chambers shall be provided with counterpanes, cushions, pillows, bedclothes, coverings for the tables and benches; vessels of brass, lead, iron, and wood; and irons, chains, pothooks, adzes, axes, augers, cutlasses, and all other kinds of tools, so that it shall never be necessary to go elsewhere for them, or to borrow them. And the weapons which are carried against the enemy shall be well cared for, so as to keep them in good condition; and when they are brought back they shall be placed in the chamber.
For our women's work they are to give at the proper time, as has been ordered, the materials-that is, the linen, wool, woad, vermilion, madder, wool combs, teasers, soap, grease, vessels, and the other objects which are necessary.
Of the kinds of food not forbidden on fast days, two thirds shall be sent each year for our own use-that is, of the vegetables, fish, cheese, butter, honey, mustard, vinegar, millet, panic, dried and green herbs, radishes, and, in addition, of the wax, soap, and other small products; and let it be reported to us, by a statement, how much is left, as we have said above; and this statement must not be omitted as in the past, because after those two thirds we wish to know how much remains.
Each steward shall have in his district good workmen, namely, blacksmiths, a goldsmith, a silversmith, shoemakers, turners, carpenters, sword makers, fishermen, foilers, soap makers, men who know how to make beer, cider, perry, or other kind of liquor good to drink, bakers to make pastry for our table, net makers who know how to make nets for hunting, fishing, and fowling, and other sorts of work- men too numerous to be designated.
Medieval Sourcebook: The Capitulary De Villis 9th Century trans. in James Harvey Robinson, ed., Readings in European History: Vol.I: (Boston:: Ginn & Co., 1904), pp. 137-139
(translated from the Latin by Henderson, E. F. Select Historical Documents of the Middle Ages London : George Bell and Sons, 1896.)
The following Capitulary gives instructions on the management of the church and monasteries
1. The most serene and most Christian emperor Charles, did choose
from among his nobles the most prudent and the wisest men archbishops
as well as other bishops, and venerable abbots, and pious laymen and
did send them over his whole kingdom; and did grant through them, by
means of all the following provisions, that men should live according
to law and right. He did order them, moreover, that, where anything is
contained in the law that is otherwise than according to right and
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 cleverness 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 the
poor, or widows, or minors, or any Christian man. But all should live
together 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 canonical 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 their
privileges without malicious fraud; all should live together in mutual
charity and perfect peace. And let the messengers diligently
investigate all cases where any man claims that injustice has been
done to him by any one, according as they 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 justice according to the will and to the fear of
God. And if there should be any matter such that they themselves, with
the counts of the province, could not better it and render justice
with regard to it: without any ambiguity they shall refer 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 man, by the obstacle of any relationship, or by the fear of
powerful persons.
2. 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 comprehended in that oath: not alone, as many have
hitherto believed, fidelity to the emperor 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 not 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 according 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 or 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 territory 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 fiscaline slaves
who unjustly and fraudulently call themselves free.
5. That no one shall presume through fraud to plunder or do any injury
to the holy churches of God, or to widows, orphans or strangers; for
the emperor himself, 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 possession of it.
7. That no one shall presume to neglect a summons to arms of the
emperor; and that no count be so presumptuous as to dare to release
out of regard for any relationship, 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 the emperor, or delay or oppose or damage any undertaking
of his, or in any way act contrary to his will and precepts. And that
no one shall dare to interfere with 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 case 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 or ignorant
of pleading - for which sort of persons the "missi," or those who
preside in that court, or a judge who knows the case for the
defendant, shall plead before 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 "missi" 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 carefully 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 canons; 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, through 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 monastery; for, from them,
the greatest blasphemies or evils may arise for us. But let them be
such as the decree of the canons or of the rule bids them to be, -
submissive to the will of God, and always ready to do justice in every
way, wholly observing the law without malice or fraud, always
exercising a just judgment in all things: such provosts, in short, as
the holy rule recommends. And they shall altogether observe this, that
they shall on no account depart from the model of the canons or the
rule, but shall practice humility in all things. If they presume to
act otherwise they shall feel the discipline prescribed in the rule;
and, if they be unwilling to amend their ways, they shall be removed
from their prevostship, and others who are worthy shall be chosen in
their stead.
14. That bishops, abbots and abbesses, and counts shall be mutually in
accord, agreeing, with all charity and unity of peace, in wielding the
law and in finding 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 judgments may be carried out. The
poor, widows, orphans and pilgrims shall have consolation 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
subject 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 sanctified 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 they, together with the bishop, shall
come to our presence.
16. In the matter of choosing candidates for ordination, the emperor
has confirmed this now to the bishops and abbots just as he formerly
conceded it to them 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 there 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 the rule; since we know that whoever is lukewarm in carrying out
His will, is displeasing to God. As John, in the Apocalypse, bears
witness: "I would that thou wert cold or hot. So then, because thou
art lukewarm, I will spue thee out of my mouth." They shall on no
account take upon themselves secular occupations. They shall not be
permitted to go outside of the monastery unless great necessity
compels them; and the bishop in whose diocese they are shall take
great care that they 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 done 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 the monastery, the abbot by the advice and with the
permission of the bishop, shall decree who shall look after them; not
a monk, unless subject to another monastery. They shall in every way
avoid earthly pursuit of gain, or a desire for worldly things. For
avarice and concupiscence are to be avoided by all Christians in 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 the 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 that 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
fornication in abomination and uncleanness. And most of all it saddens
and disturbs us that it can be said without error that from those
things whence the greatest 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 monks are found to be
sodomites.
18. Monasteries for women shall be firmly ruled, and the nuns shall by
no means be permitted to wander about, but shall be kept with all
diligence. For shall 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 under the rule, they shall
observe all things altogether according to the rule. They 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 visiting the sick, or for the mass alone; and
straightway thereafter he shall go out again. And let no one enroll
his daughter among the congregation of the nuns without the knowledge
and consideration of the bishop to whose diocese that place pertains;
and let the latter himself diligently ascertain that she is desirous
of remaining 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 altogether 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 such
punishment for this, that others shall fear to wrongfully do likewise.
20. That abbesses and their nuns shall, with one mind and diligently,
keep themselves 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 bishop. Likewise when any
ordinations are to take place in the monasteries, or any persons 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 the 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 diligence according to the discipline of the canons. They
shall by no means be permitted to wander at large, but shall live
altogether apart, not given to disgraceful gain, not fornicators, not
thieves, not homicides, not ropers, not quarrelsome, not wrathful, not
proud, not drunken; but chaste in heart and body, humble, modest,
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 discipline, revelling and fornicating, and
also doing other wicked deeds the consenting 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 healthfully.
24. Moreover, any priest or deacon who after this shall presume to
have women in his house without permission of the canons, shall be
deprived at once of his 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, or any godless men, -
but will rather give them up that they may be bettered and chastised
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 according to their own judgment.
27. We decree that throughout our whole realm no one shall dare to
deny hospitality to the rich, or to the poor, or to pilgrims: that is,
no one shall refuse 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 any one shall wish to do
further kindness to them, he shall know that his best reward will be
from God, who said Himself: " And who so shall receive one such little
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 centenars, 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 delay. 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 their way with
all haste, and shall provide for them as they, our envoys, may
arrange.
29. That our judges, counts, or envoys shall not have a right to
extort payment of the remitted fine, on their own behalf, from those
destitute persons to whom 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 account 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
their 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 who 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 deserve a greater punishment, it is ordered
that he be brought into the king's presence.
32. With every kind of protestation we command that men leave off and
shun murders, 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 how can any one believe that
Christ will be gracious to him who has slain his brother. It is a
great and inevitable risk to arouse the hatred of men besides
incurring that of God the Father and of Christ the ruler of Heaven. By
hiding, one can 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 manifest ? by what rashness can any one
hope to evade His wrath? Therefore we have taken care to avoid, by
every possible regulation, that the people committed to us to 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. Lest, then, crime increase, and in order that
very great discord may not arise among men, - wherever under the
devil's suasion, a murder has occurred, the guilty one shall
straightway hasten to make his amends, and shall, with all celerity,
compound worthily with the relatives of the dead man for the evil
done. And this we firmly decree under fur bane, that the relatives of
the dead man shall by no means dare to carry further their enmity on
account or the evil inflicted, or refuse to make peace with him who
seeks it; but, pledging their faith, they shall make a lasting peace,
and the guilty man shall make no delay in paying the wergeld. 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 submit 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 atonement; 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 one
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 judgment.
33. We altogether prohibit the crime of incest. If any one be
contaminated by 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 uncleanness 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. And that woman
shall be placed in the hands of her relatives until we pass sentence.
But if the man be unwilling to submit to the sentence of the bishop
concerning what amends he shall make, then let him be brought before
our presence, mindful 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
announcement shall come. If any one then say that he be not prepared,
and avoid our mandate, let him be brought to the palace; and not only
he, but likewise all who presume to transgress our bann or command.
36. That all men shall at all times, in the service and will of God,
venerate with all honour their bishops and priests. Inlet them not
dare to pollute themselves and others by incestuous nuptials; let them
not presume to be wedded until the bishops and priests, together with
the elders of the people, shall diligently inquire into the degree of
blood - relationship between those being joined together. And then,
with a benediction, let them be wedded. Let them avoid drunkenness,
shun greed, commit no theft. Let strife and contentions and blasphemy
whether at feasts or assemblies, be altogether avoided but let them
live in charity and concord
36. Also that, in carrying out every sentence, all shall be altogether
of one 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 henceforth 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 their 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
deprived of their property.
38. And let the like be done to those who have been reprimanded and
corrected for unlawful and incestuous unions, and who art not willing
to obey their bishops 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 many 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 fealty 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 brought to
our presence and called to account. Any other common man who may have
stolen our game, shall compound for it to the full extent of the law;
and by no means shall any allowance be made for such persons in this
matter. If any one knows that this evil deed has been perpetrated by
another, let him not, by the fealty 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 we now send, by everyone in our whole realm - by ecclesiastics,
viz.: bishops, abbots, 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 be 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 protection 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 that 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 these things be
good and to the praise of omnipotent God, and may we give thanks where
they are due; but when we think that any thing needs vengeance, may we
strive 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 followers. Likewise we wish that all the above
decrees be made known to our counts and centenars and officials.