A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
Absolute ownership of land was giving place to possession of land owned
by others than the holder. The greater landlords (the king, the church,
and the great officials and lords) sought to acquire cultivators for
their lands, while the poorer land-owners and the persons without lands
of their own sought a means of livelihood or protection. The usual form
was the benefice or the precarium. The benefice was the name applied
generally in this time to land the use of which was granted by the owner
to others for a term of years, for life, or in perpetuity. The
_precarium_ was a form of the benefice, the name being technically
applied to lands thus granted in response to a letter of request or
prayer (_litteræ precariæ_). It will be seen from the documents that the
lands were usually those that had been given originally by the poor
land-holder to the greater landlord and then received back as benefice
or _precarium_. The reason was undoubtedly in many cases the desire of
the owner to come under the protection of the greater landlord. The king
also gave land to his followers and officials, either to bind them to
him or to reward them for services; it is probable, although not
certain, that these lands, in part at least, were held only for life or
a term of years, on condition of services or faithfulness, and so were
in a sense benefices.
184. Form for the Gift of Land to a Church to be Received back by the
Giver as a Benefice.
Marculf, II, no. 3; pp. 74 ff.
... I, (name), and my wife, (name), in the name of the Lord, give by
this letter of gift, and transfer from our ownership to the ownership
and authority of the monastery of (name), over which the venerable abbot
(name) presides, and which was founded in the honor of (name) by (name)
in the county of (name), the following villas{83} (name), situated in
the county of (name), with all the lands, houses, buildings, tenants,
slaves, vineyards, woods, fields, pastures, meadows, streams, and all
other belongings and dependencies, and all things movable and immovable
which are found in the said villas now or may be added later; in order
that under the protection of Christ they may be used for the support and
maintenance of the monks who dwell in the aforesaid monastery. We do
this on the condition that as long as either of us shall live we may
possess the aforesaid villas, without prejudice to the ownership of the
monastery and without diminution of the value of them, except that we
shall be allowed to emancipate any of the slaves that dwell on the lands
for the salvation of our souls. After the death of both of us, the
aforesaid villas with any additions or improvements which may have been
made, shall return immediately to the possession of the said monastery
and the said abbot and his successors, without undertaking any judicial
process or obtaining the consent of the heirs.
Public-domain text, read in full here on John Shaqi.
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