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.
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.
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 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.
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.
Not the equal of Caesar or Augustus in genius or in the lastingness of his work, he yet recalls them in his capitularies, his periodic courts, his official hierarchy, his royal emissaries, his ministers, his sole right of coinage, his great public works, his campaigns against barbarism and heathenry, his zeal for learning and literature, and his divinity as emperor.
The practice of giving land as a beneficium to a grantee who swore personal allegiance to the grantor had persisted, and by his capitularies Charlemagne had made these personal engagements, these contracts of immunityhitherto not transferable, nor even for life, but quite conditionalregular, legal, even obligatory and almost indissoluble.
Despite all this, Charles spoke authoritatively in his capitularies, and though incapable of defending western France, coveted other crowns and looked obstinately eastwards.
In vain Charles the Bald affirmed his royal authority in the capitularies of Quierzy-sur-Oise (857), Reims (860), Pistes (864), Gondreville (872) and Quierzy-sur-Oise (877); each time in exchange for assent to the royal will and renewal of oaths he had to acquiesce in.
Back further than 847, the date of the False Capitularies, with which the author of the False Decretals was acquainted.'
On the other hand, in a letter of Lupus, abbot of The False Capitularies are for civil legislation what the False Decretals are for ecclesiastical legislation: three books of Capitularies of the Frankish kings, more of which are spurious than authen Ferrieres, written in 858, and in the synodical letter of the council of Quierzy in 857 are to be found quotations which are certainly from these false decretals; and further, an undoubted allusion in the statutes given by Hincmar to his diocese on the 1st of November 852.
In favour of Mainz, especial stress was laid on the fact that it was the country of Benedictus Levita, the compiler of the False Capitularies, to which the False Decretals are closely related.