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
To our lord and father in Christ, the holy and apostolic bishop (name),
I (name), and my wife (name). Since you have permitted us, as long as we
or either of us shall live, to hold the land (name) belonging to your
church (name), which (name) gave to the said church for the salvation of
his soul, therefore for this permission and for the salvation of our
souls we have given this other place (name), to belong to the said
church and to you and your successors after we are both dead. This we
have done on the condition that as long as we live we may possess the
said places, both that which you have permitted us to use and the one
which we have given you for the salvation of our souls, with the right
of usufruct, without diminishing its value or prejudicing the rights of
your church; and that after we are dead the said places shall
immediately revert to your ownership by virtue of this precarial letter,
without requiring any renewal of the letter, and in spite of any
opposition from our heirs or from anyone else.
187. Form of Precarial Letter.
Formulæ Bituricenses, no. 2; p. 169.
To the lords (names), we (name), and (name). It is well known that our
father lived on your lands and made a precarial letter to you for them,
which we now renew and sign, humbly beseeching you to allow us to remain
on the same lands.{85} In order that our possession of the lands may not
prejudice the rights of you and your successors in them, we have
deposited with you this precarial letter, agreeing that if we ever
forget its terms, or ever refuse to obey you or your agents in anything
which you command, or ever assert that this is not your land, we may be
punished according to the severity of the law as wicked violators of
your rights, and may be driven from the lands without judicial sentence.
{85} This and the following document are instances of a very common
practice; the heirs of the holder of a precarium took it over on the
same terms. The result was that the relation tended to become permanent,
and a regular class of dependent land-holders grew up. Notice also the
subjection of the holders of the precarium to the grantors, in this case
secular lords.
188. Gift of Land to be Received back and Held in Perpetuity for a Fixed
Rent.
Formulæ Augienses, B, no. 8; pp. 352 f.
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.
M. G. LL. 4to, II, I, no. 6; Gregory of Tours, IX, ch. 20.
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.
Public-domain text, read in full here on John Shaqi.
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