A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
History
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
Middle Ages -- Sources
And so long as I shall live I ought to provide service and honor to
you, compatible with my free condition;[298] and I shall not,
during the time of my life, have the right to withdraw from your
control or guardianship; but must remain during the days of my life
under your power or defense. Wherefore it is proper that if either
of us shall wish to withdraw himself from these agreements, he
shall pay ---- shillings to the other party, and this agreement
shall remain unbroken.[299]
(Wherefore it is fitting that they should make or confirm between
themselves two letters drawn up in the same form on this matter;
which they have thus done.)
(2) THE BENEFICE
The benefice, or grant of land to a vassal by a lord, by the Church,
or by the king, had its origin among the Franks in what were known as
the _precaria_ of the Church. At the time of the Frankish settlement
in Gaul, it was quite customary for the Church to grant land to men in
answer to _preces_ ("prayers," or requests), on condition that it
might be recalled at any time and that the temporary holder should be
unable to enforce any claims as against the owner. For the use of such
land a small rent in money, in produce, or in service was usually
paid. This form of tenure among the Franks was at first restricted to
church lands, but by the eighth century lay owners, even the king
himself, had come to employ it. The term _precarium_ dropped out of
use and all such grants, by whomsoever made, came to be known as
benefices ("benefits," or "favors"). The ordinary vassal might or
might not once have had land in his own name, but if he had such he
was expected to give over the ownership of it to his lord and receive
it back as a benefice to be used on certain prescribed conditions. In
time it became common, too, for lords to grant benefices out of their
own lands to landless vassals. A man could be a vassal without having
a benefice, but rarely, at least after the eighth century, could he
have a benefice without entering into the obligations of vassalage.
Benefices were at first granted by the Church with the understanding
that they might be recalled at any time; later they were granted by
Church, kings, and seigniors for life, or for a certain term of years;
and finally, in the ninth and tenth centuries, they came generally to
be regarded as hereditary. By the time the hereditary principle had
been established, the name "fief" (_feodum_, _feudum_--whence our word
feudal) had supplanted the older term "benefice." The tendency of the
personal element of vassalage and the territorial element of the
benefice, or fief, to merge was very strong, and by the tenth century
nearly every vassal was also a fief-holder. The following formulae
belong to the seventh century. The first (a) is for the grant of lands
to a church or monastery; the second (b) for their return to the
grantor as a _precarium_--or what was known a century later as a
benefice.
Public-domain text, read in full here on John Shaqi.
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