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
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.
190. Precept of Chlothar II, 584-628.
M. G. LL. 4to, II, 1, no. 8.
Notice the references to immunity, to grants of land to "churches and
powerful persons" (lords and officials), and the implied right of such
landlords to appoint judges for trial of cases among their tenants
(private jurisdiction).
11. We grant to the churches the taxes from the fields and pastures and
the tithes of swine, so that no collector or titheman shall enter the
lands of a church to gather such dues for the royal treasury. Public
officials shall not demand any services from the churches of clergymen
who have acquired immunity from our father or grandfather.
12. Whatever has been given to churches or to clergymen or to any person
through the munificence of our aforesaid predecessors of blessed memory
is to belong to them in all security.
14. The property of churches, priests, and of the poor who cannot
protect themselves, shall be under the protection of public officials
until their cases can be brought to the king and justice be done; only
in so far, however, as it shall not infringe on the rights of immunity
which have been granted by former kings to any church or powerful person
or to anyone else, for the keeping of peace and the preservation of
discipline.
19. Bishops and powerful persons who have possessions in various regions
shall not appoint travelling judges or any judges except such as belong
to the county in which they serve.
191. Grant of Immunity to a Monastery, 673.
M. G. DD. folio, I, pp. 30 f; Altmann und Bernheim, no. 112.
Public-domain text, read in full here on John Shaqi.
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