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Front Page arrow Titles (by Subject) arrow 188.: Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age

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Collection: Primary Sources
Subject Area: History

188.: Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]

Edition used:

A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905).

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188.

Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent.

The first part of the form, including the original gift of the land, is omitted in the original, but may be supplied from a preceding number.

I do this on the condition that as long as I live I may hold the said lands for the said rent, and that my children and their posterity may do the same forever.

189.

Treaty of Andelot, 587.

This is a treaty between two of the Merovingian kings, Gunthram of Burgundy and Childebert II of Austrasia. It forms an incident in the civil war begun between Sigebert and Chilperic; see no. 5, Gregory of Tours, IV, ch. 28, and note.

It illustrates the practice of the kings of giving land to their followers and officials. This was very important in the creation of a landed aristocracy. See the remarks above in regard to the nature of these gifts (introductory note to nos. 184-188).

In accordance with the treaties made between Gunthram and Sigebert of blessed memory, it is likewise agreed that those leudes,1 who after the death of Chlothar I first gave their oaths to Gunthram and then later removed to other parts, are to be made to return from the places where they are now dwelling. It is also agreed that those who, after the death of Chlothar I, gave their oaths to Sigebert and then removed to other parts are in a similar manner to be made to return. Likewise whatever the aforesaid kings bestowed or with the consent of God wished to bestow upon churches or upon their faithful subjects, shall remain in the possession of the churches or subjects. And whatever shall be restored in this way to the subject of either king, legally and justly, shall be held by that person as his own. . . . And let each one possess in security whatever he has received through the munificence of preceding kings, to the time of the death of Chlothar I of blessed memory, and if anything has been taken from the faithful subjects since that time, it shall be restored to them from this moment. . . . Likewise it is agreed that neither of the kings shall entice away the leudes of the other or receive them; but if some of the leudes believe they are justified in leaving their king by reason of injuries done to them, they are to be compensated for their injuries, and made to return. . . .

190-194.

Grants of Immunity.

In the feudal age practically every landlord exercised over his lands and tenants rights and authority which are now regarded as sovereign rights belonging to the state. This was due in the main to the practice of the Merovingian and Carolingian kings of granting immunity to the churches and the great landlords, a practice which naturally grew with the increasing weakness of the monarchy and the growth of the power of the nobles. A grant of immunity operated to exclude the public officials from lands, which were then in theory under the immediate control of the king. In the late Merovingian period the weakness of the kings and the disorganization of the public administration left the control of immunity domains really in the hands of the landlords. The holder of land covered by a grant of immunity thus came to represent the state to the people on his lands. He established courts for the trial of cases arising among his tenants or represented them before the public courts; he was also frequently given the right to collect the taxes, revenues, tolls, etc., from the lands of people, which would otherwise go to the royal treasury. Most of the grants of immunity which have come down to us are in favor of church lands, but they were also granted to secular lords. The churches preserved their documents better than secular persons did.

[1 ] The leudes are evidently the personal dependents of the king, that is, antrustiones. They were probably given land by the king. Notice the other references in the treaty to persons holding land from the “munificence” of the king. The same thing is referred to in nos. 190, 193, 194.