It is preceded by two capitularies of Charlemagne for Saxony - the Capitulatio de partibus Saxoniae (A.
After the union of the Lombards to the Frankish kingdom, the capitularies made for the entire kingdom were applicable to Italy.
There were also special capitularies for Italy, called Cepitula Italica, some of which were appended to the edict of Rothar.
In the Toth century a collection was made of the capitularies in use in Italy, and this was known as the Capitulare Langobardorum.
And less than two centuries afterwards we read an order in one of the capitularies of Hincmar of Reims, to the effect that every priest ought to be provided with a censer and incense.
His prose works include sermons, treatises on vices and on baptism, a penitential, capitularies and exhortations to bishops, priests and judges.
In subsequent history there is a good deal of resemblance between the capitularies' legislation of Charlemagne and his successors on one hand, the acts of Alfred, Edward the Elder, ZEthelstan and Edgar on the other, a resemblance called forth less by direct borrowing of Frankish institutions than by the similarity of political problems and condition.
Finally, we find capitularies of the kings immediately following Clovis being gradually incorporated in the text of the lawe.g.'the Pactum pro tenore pacis of Childebert I.
Distinguished above give evidence of further changes, the law being supplemented by other capitularies and sundry extravagantia, prologues and epilogues, which some historians have wrongly assumed to be parts of the main text.
The king, moreover, had the right to add provisions to the law; and we find capitularies of Charlemagne and Louis the Pious in the form of additamenta to the Salic Law.
Are taken directly from the Salic Law; the provisions follow the same arrangement; the unit of the compositions is 15 solidi; but capitularies are interpolated relating to the affranchisement and sale of immovable property.
Consist of provisions of various kinds, some taken from lost capitularies and from the Salic Law, and others of unknown origin.
Gilds are first mentioned in the Carolingian capitularies of 779 and 789, and in the enactments made by the synod of Nantes early in the 9th century, the text of which has been preserved in the ecclesiastical ordinances of Hincmar of Rheims (A.D.852).
The capitularies of 805 and 821 also contain vague references to sworn unions of some sort, and a capitulary of 884 prohibits villeins from forming associations "vulgarly called gilds" against those who have despoiled them.
Without abolishing the customary law of the German tribes, which is said to have been committed to writing by his orders, he added to it by means of capitularies, and thus introduced certain Christian principles and customs, and some degree of uniformity.
For the capitularies see Capitularia regum Francorum, edited by A.
Evidence of this is given by the canon law forgeries of the 9th century: the capitula of Angelram, the Capitularies of Benedictus Levita (see Capitulary), and the great collection of the Pseudo-Isidorian Decretals.
It was by means of their horsemen that the Austrasian Franks established their superiority over their neighbours, and in time created the Western Empire anew, while from the word caballarius, which occurs in the Capitularies in the reign of Charlemagne, came the words for knight in all the Romance languages.
Since then we discover in the Capitularies of Charlemagne actual mention of "caballarii " as a class of warriors, it may reasonably be concluded that formal investiture with arms applied to the " caballarii " if it was a usage extending beyond the sovereign and his heir-apparent.
5 Yet, if the " caballarii " of the Capitularies are really the precursors of the later knights, it remains a difficulty that the Latin name for a knight is " miles," although " caballarius " became in various forms the vernacular designation.
The Bavarians offered no resistance to the change which thus abolished their dukedom; and their incorporation with the Frankish dominions, due mainly to the unifying influence of the church, was already so complete that Charlemagne did not find it necessary to issue more than two capitularies dealing especially with Bavarian affairs.
4 Long before the 8th century payment of tithes was enjoined by ecclesiastical writers and by councils of the Church; but the earliest authentic example of anything like a law of the state enforcing payment appears to occur in the Capitularies of Charlemagne at the end of the 8th or the beginning of the 9th century.
In fact, compliance with the Christian practice of inhumation in the cemeteries sanctioned by the church, was only enforced in Europe by capitularies denouncing the punishment of death on those who persisted in burying their dead after the pagan fashion or in the pagan mounds.
In the early Church other bishops commonly described themselves as vicars of Christ (Du Cange gives an example as late as the 9th century from the capitularies of Charles the Bald); but there is no proof in their case, or indeed in that of " vicar of St Peter " given to the popes, that it was part of their formal style.
By the archdeacon Wibert (1615), Marcellinus and Idatius (1619), Anastasius the librarian (1620), Eusebius of Caesarea (1643), Hincmar (1645), Hrabanus Maurus (1647), Rufinus and Loup de Ferrieres (1650), &c., and above all his edition of the capitularies of Charles the Bald (Karoli Calvi et successorum aliquot Franciae regum capitula, 1623) and of the councils of ancient France (Concilia antiquae Galliae, 1629, 3 vols., new ed.
From the same source and at the same date came two other forged documents - firstly, a collection of Capitularies, in three books, ascribed to a certain Benedict (Benedictus Levita), 2 a deacon of the church of Mainz; this collection, in which authentic documents find very little place, stands with regard to civil legislation exactly in the position of the False Decretals with regard to canon law.