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
{83} The term _villa_, as used in these documents, means a domain or
estate with a group or village of dependent cultivators.
185. Form for a Precarial Letter.
Marculf, II, no. 5; pp. 77 f.
To our lord and father in Christ, the holy and apostolic bishop (name),
I (name), and my wife (name). It is well known that we have given in the
name of the Lord our villa of (name), situated in the county of (name),
in its entirety and with all that we possessed there, by a letter of
gift to the church of (name), founded in the honor of (name), and that
you have received it on behalf of the said church. And in response to
our petition you have granted that as long as we or either of us shall
live we shall hold the said villa as a benefice with the right of
usufruct,{84} with the understanding that we shall not diminish its
value in any way or alienate anything that belongs to it, but shall hold
it without prejudice to the ownership of the said church or bishop.
Therefore we have written this precarial letter in witness that our
possession shall not work any prejudice to your ownership or any injury
to the said villa; but that we only have the use of it during our lives,
and that after we are dead you shall immediately recover it with all the
additions and improvements which we may have made, by virtue of this
precarial letter, which shall be renewed every five years, and without
requiring any judicial process or obtaining the consent of the heirs;
and that thereafter you shall hold it forever, or do with it whatever
may seem to you to be to the best interests of the said church.
{84} To hold land with the right of usufruct or to have the usufruct of
land, means to hold, use, and enjoy the products of land the ownership
of which belongs to another. Thus a benefice is a form of usufruct. It
corresponds practically to modern long lease, which is sometimes
expressed in our legal usage as lease for 99 years, etc.
186. Form of Precarial Letter.
Marculf, II, no. 39; pp. 98 f.
Public-domain text, read in full here on John Shaqi.
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