A special power of review over the counts was given to the “missi,”—a class of officials existing under the Merovingian Kings, but with power extended and regularized by Charles, especially after 802. The whole Empire was divided into “missatica”—the divisions under a “missus,” which included several counties. For example, Western France made three of these divisions with centers at Paris, Rouen, and Orléans. The “missi,” who were generally a count and a cleric, an abbot or bishop, made a general visitation of their district for a period lasting over a year, according to a fixed itinerary. They were expected to see that the royal authority was respected, by exacting a detailed oath of fidelity from all the inhabitants, and to take care that no one occupied the royal domain of forest or appropriated the royal revenue. They looked after the application of the directions contained in the capitularies, noted the general condition of law and order, saw that justice was done, and the rules of military service strictly carried out.
Much stress was laid on their judicial functions; when they arrived in a town they set up their court in the public place; the local bishop and count had to be in attendance, while the “missi” heard complaints and altered whatever judgments of the local officers seemed contrary to right and equity.
The “missi,” as we have seen, were selected from the higher clergy and from the great landlords. Their persons were held to be inviolate and sacred; all the lower officials of the Empire were ordered to receive them with respect and give them ready help, and to attack them was a capital offense.
Theodulf, bishop of Orleans, one of the clergy performing the functions of a “missus,” has left us an account of an official journey made by him to the South of France. He took boat on the Rhône with his companion, Leidrade, the archbishop of Lyons, and their work of inspection began at Avignon. They held their assizes at Nîmes, Maguelonne, Cette, Agde, Béziers, Narbonne, Carcassonne, le Razès, Arles, Marseilles, Aix, Cavaillon. The clergy and people hastened to take advantage of their presence, but Theodulf tells us they did so with no worthy motive, for they were prepared to buy their favor, each according to his means. The rich offered good coin, precious stones, valuable stuffs, and oriental carpets, arms, horses, ancient vases “of pure metal unbelievably heavy, on which a skilful graver had represented the fight of Hercules with the giant Cacus.” The poorer citizens were ready to give red and white skins of Cordova, excellent fabrics of linen or wool, chests, and wax.
“Such was the engine of war with which they hoped to make a breach in the wall of my soul,” the bishop says, intimating that they had learned the way by past experience. The custom of giving presents to officials was so firmly established that even the reforming bishop hesitated to interfere with it. Accordingly, in order not to offend the suitors, he felt constrained to accept articles of small value, such as eggs, bread, wine, tender chickens, and birds, “whose body is small but good to eat.”
Little change was made in the ordinary forms of the Frankish judicial system by Charles; the count still continued to hold his tribunal as in Merovingian times, the freedmen of the county were expected to be present as assessors, but owing to the difficulty of securing an intelligent tribunal in this haphazard way, Charles instituted a chosen class of assessors called “scabini,” who were to be taken from the class of “well-born, prudent, and God-fearing men.” This body was both the judge and jury, as the count only acted as their presiding officer and pronounced the sentence formulated by them. From the verdict of this tribunal there was an appeal either to the King or to the judgment of God, the favorite form of which at this time was the test by the cross. In this test, the defendant, holding his arms in the form of a cross, had to stand upright without changing his position, while the clergy recited certain prayers. If any movement was made, it was taken as a sign of guilt.
In the palace the King himself often acted in the capacity of judge in the first instance, and he also heard appeals either in person or by proxy through the count of the palace. Considerable care was taken that the right of appeal should not be used indiscriminately. The palace officials had important governmental as well as personal functions; their general collective title was the “palatins.” There was no Mayor of the Palace, the first place being held by the count, who, as has just been noted, had judicial duties. The administration of the palace was also in his hands. The religious services of the household were directed by the arch-chaplain; then came the chamberlains, treasurers, seneschals, butlers, constables, and the master of domestic functions. Counts of the palace are found in the command of armies; one of them being killed by the side of Roland at Roncesvalles, another in Saxony. Seneschals had charge of the kitchens, but they are also mentioned as valiant warriors. Butlers were also diplomatists, and we find a constable fighting the Slavs on the Elbe.
A real effort at division of labor is to be found solely in what might be called, with some elasticity of phrase, the Record Office, where notaries prepared the King’s letters, charters, and acts of immunity. At their head was an ecclesiastic, the protonotary, or chancellor. He was a dependent of the arch-chaplain, and did not have charge of the seal, yet his position was especially confidential, as he kept the archives.
The King consulted the court officials, who, according to his pleasure, were gathered about him in an informal way whenever he saw fit to call them. But, besides this, we are told that Charles had always with him three of his counselors, chosen among the wisest and most eminent about him; without their advice he did nothing. To the royal household there were regularly attached a number of young men, the “discipuli,” sent there to be educated, and the “comites,” or personal retainers of the King, a continuation of a custom mentioned by Tacitus.