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Front Page arrow Titles (by Subject) arrow 194.: Grant of Immunity to a Secular Person, 815. - 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

194.: Grant of Immunity to a Secular Person, 815. - 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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194.

Grant of Immunity to a Secular Person, 815.

In the name of our Lord and Savior Jesus Christ. Ludwig, by divine providence emperor, Augustus. Be it known to all our subjects, present and future, that our faithful subject, John, has come to us and commended himself to us, and has besought us to confirm to him the possession of lands [described] which he and his sons and their men have cleared and occupied. He has shown us the charter which he received from our father Karl the Great. We have consented to do this and have done even more; we have given him certain villas [named] with their extent and dependencies . . . granting that he and his sons and his posterity may hold them in peace and security. No count, vicarius, or their subordinates, or any other public official shall presume to judge or constrain any persons living on those lands, but John and his sons and their posterity shall judge and constrain them. . . .

195-208.

Growth of the Feudal Elements During the late Merovingian and the Carolingian Period.

The elements which we have just described and illustrated were essentially private in their nature. They assumed, however, political importance in the threatened dissolution of society, due to the failure of the public government. In a period when the state was unable to give adequate protection to the common individual, that person naturally regarded his allegiance to his real protector, his lord or landlord, as of more importance to him than his relation to the state. The natural tendency of powerful persons to increase their power over their dependents and their independence of higher authority was given its opportunity by the weakness of the monarchy and the central government. The four centuries from 550-950 were in the main a period of disorder, interrupted, of course, by the period of Carolingian strength, including the reigns of Karl Martel, Pippin, and Karl the Great. During these four centuries the existing feudal elements developed and hardened into a system of society, and two new features were added: the feudalizing of offices, and the connection of land-holding with military service. These are so characteristic of the feudal age that their origin is illustrated here.

195-196.

The Feudalizing of Public Offices.

By this is meant the practice of inheritance of office and the union in one person of the characteristics of an official and a great landlord. Thereby the local officials of the king, such as the counts, tended to form an hereditary landed nobility, the office being held usually by the great landed family of the county. It is obvious that this tendency would grow in a period when the monarchy and the central government was weak, the king either being unable to restrain the powerful local officials or else granting them these privileges in order to retain their support. It is obvious also that the local officials would strive to increase their private advantages—possession of land, and personal authority over the inhabitants of their lands or districts—at the expense of their public position as representatives of the king. So in the feudal period in France, Italy, and Germany (in the last named the development was much slower), the titles duke, margrave (marquis), count, etc., ceased to have an official significance and became the titles of a landed aristocracy.