Restrictions on Tolls, 805
The nuisance of too frequent tolls was a subject for legislation by Charlemagne, who
made at the same time, various exemptions from toll throughout his empire as an
encouragement to trade.
Capitulary given at Diedenhofen (Thionville):
C.13. As to thelony, it pleases us to exact old and just thelony from the
merchants at bridges, and on ships and at markets. But let new or unjust thelony be not
exacted where ropes are stretched or where ships pass under bridges, or in other similar
cases in which no aid is lent to the travellers. Likewise concerning those who bring their
goods from one house to another, or to the palace, or to the army, without idea of selling
them, but if there be any doubt let it be enquired into at our next court which we shall
hold with the missi.
Capitulary of Aix-la-Chapelle:
C.1. Where thelony should be exacted and where not. We firmly wish it to be
made known to all in our kingdom, committed to us by God, that no one shall exact thelony
except in markets where common goods are bought and sold; and not on bridges except where
thelony was exacted in the past; and not on banks of rivers where ships are wont to stay
only for several nights; and not in forests, nor on roads, nor in fields, and not from
those going under the bridge, and not anywhere except where anything pertaining to common
use is bought or sold for any reason whatever. And where the buyer of anything uses the
grass or wood or other village commodities, let him recompense him who owns the things
used according to their estimate; and let him pay him what is just for such things. But if
any one fleeing the decreed markets in order not to be forced to pay thelony, either wish
to buy something outside the said place or be found doing it, let him be bound and forced
to pay the duty of thelony. And if any one protect or hide one declining to pay just
thelony, let him be compelled to make amends for this according to his law; but let him
whom he hid pay the duty of thelony. As for the rest, what has been said above
holds-except in the places mentioned no one shall exact thelony from any one. And if any
one do this against these orders of ours, let him consider himself condemned to the sum of
Monumenta Germaniae Historiae, Legum, Alfredus Boretius, ed., (Hanover, 1883),
Tome I, pp. 124, 228; reprinted in Roy C. Cave & Herbert H. Coulson, A Source Book
for Medieval Economic History, (Milwaukee: The Bruce Publishing Co., 1936; reprint
ed., New York: Biblo & Tannen, 1965), pp. 399-400.
Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by
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© Paul Halsall, October 1998