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TWENTY-FIRST LECTURE.

Object of the lecture-Of capitularies in general-Review of the capitularies of the Carlovingian Frank kings-Of the two forms under which the capitularies have descended to us-Scattered capitularies -Collection of Angesise and of the deacon Benedict-Of the edition of the capitularies by Baluze-Erroneous idea generally entertained as to capitularies-They are not invariably laws-Great variety in these acts-Attempt at classification-Table of contents of the capitularies of Charlemagne : 1. Moral legislation-2. Political legislation-3. Penal legislation-4. Civil legislation-5. Religious legislation-6. Canonical legislation-7. Domestic legislation-8. Incidental legislation-True character of the capitularies.

I ANNOUNCED to you my intention of laying before you a summary of the reign of Charlemagne, and its results, reviewing his government and his influence upon intellectual development. In the first of these respects, the picture I have placed before you appears to me sufficiently complete; it presents, I think, a clear and precise idea of the part filled by the wars of Charlemagne in the history of civilization in the west; and, moreover, I could not enter more fully into the subject, without going through an absolute and continuous narration of events. As to the government of Charlemagne and its action upon mind, what I have said in the last lecture is altogether incomplete, and I may, without losing myself in details, enter more closely into this part of the subject. I will proceed to do so. The legislation of Charlemagne will now occupy our attention: that which he did in protecting intellectual development, with an account of the distinguished men who lived and labored under his influence, will be the subject of following lectures.

It is commonly supposed that the term capitularies applies only to the laws of Charlemagne; this is a mistake. The word capitula, "little chapters," equally applies to all the laws of the Frank kings. I have no remark to make at present respecting the capitularies, in themselves of very slight importance,' of the first race; of those of the second race, there have come down to us 152, namely:

The table in the twentieth lecture mentions only sixty; but there were besides five private acts, which, upon reflection, I think ought to be inserted among the capitularies.

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