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
M. G. LL. 4to, II, 2, no. 193.
6. Freemen who have no lands of their own, but live on the land of a
lord, are not to be received as witnesses, because they hold land of
another; but they are to be accepted as compurgators, because they are
free. Those who have land of their own, and yet live on the land of a
lord, are not to be rejected as witnesses because they live on the land
of a lord, but their testimony shall be accepted, because they have land
of their own.
Notice the effect that dependent tenure of land is having on the legal
status of freemen.
206. Capitulary of Aachen, 801-813.
M. G. LL. 4to, II, 1, no. 77.
16. No one shall leave his senior, after he has received from him the
value of a solidus, unless his senior attempts to kill him, to beat him
with a club, to violate his wife or his daughter, or to take his
hereditary possession from him.
207. Agreement of Lothar, Ludwig, and Charles, 847.
M. G. LL. 4to, II, 2, no. 204.
2. We decree that every freeman shall accept whatever senior he wishes
in our kingdom, from among us and our faithful subjects.
3. We command that no man shall leave his senior without good cause, and
that no lord shall receive a man who has left his senior, unless it be
in accordance with the customs of our predecessors.
4. Every subject of each one of us shall go to war or other necessary
expedition with his senior, unless the kingdom is invaded and all the
subjects are called out in mass to repel it, which is called _landwehr_.
208. Capitulary of Bologna, 811.
M. G. LL. 4to, II, 1, no. 74.
5. If any man who holds a benefice of the king shall release his subject
from going to war with him or shall refuse to allow him to go and fight
with him, he shall lose his benefice.
7. Concerning the vassals of the emperor who serve him in the palace,
and have benefices. It is decreed that those who remain at home with the
emperor shall not keep their tenants with them, but shall let them go to
war with the count of the county.
The name senior is used in Carolingian documents for the lord who has
authority over dependent tenants and vassals. Notice in the two
documents preceding that the subjects of a lord are bound to him by law,
and that they go to war, not with the general levy under command of
public officials, but with their fellows of the same lands under command
of the senior.
209-228. The Feudal System in its Definite Form.
The elements already described became the system of society and
government in the states which in the ninth and tenth centuries
developed from the empire on its dissolution. The system gradually
became settled and organized, the feudal kingship developed to give it a
head, and it took the form recognized as the feudal system.
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