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The Carolingian Empire

Legislation

Charles had a direct hand in a number of innovations and important developments regarding law, of which I emphasize two here. He created a body of imperial law that has served as an important source for our knowledge of his manner of governing. And he fostered the collection of tribal laws that likewise have been an invaluable source for historians.

Local Law

The different peoples of the Carolingian empire continued to live according to their own national laws. Everyone understood law to be something that was peculiar to each nation, each people. It was unthinkable that a Saxon should be tried by Frankish law, even though they both had the same king.

In order for his margraves, especially, to rule the conquered peoples, Charlemagne had their customs set down in writing. He sent scholars to interview those who knew the law -- shamans, tribal elders, and the like -- and they recorded the answers. He then had the laws published and enforced.

Because of Charles' work, we still possess the law of Salian Franks, for example. We know the fine imposed when a free man stole from another, as opposed to when a slave stole from a free man. More importantly, we know from such documents something of the social structure and how those people thought about law and justice. Charles was thinking only of providing a clear set of guidelines, not of creating sources for historians, naturally.

Imperial Decrees

Over and above these local laws, Charlemagne began issuing laws that affected everyone and that were imposed throughout his realm. These are called capitularies, after the Latin word for chapter. They were often brief, a page or less, and treated a wide variety of subjects. Whatever their topic, however, a capitulary always superseded the local law.

Many of the capitularies concern the business of the king: terms of military service, for example, or the administration of royal estates. The capitularies are the primary source we have for the entire system of the missi dominici. But the capitularies could and did range widely, and Charles issued decrees even concerning the conduct of the clergy.