Page:Select historical documents of the Middle Ages.djvu/213

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CAPITULARY OF CHARLEMAGNE.
193

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 prevosts, in short, as the holy rule recommends. And they shall altogether observe this, that they shall on no account[1] . . . . depart from the model of the canons or the rule, but shall practise 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 any 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

  1. The MS. is here defective