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
The most important element in the governmental phase of feudalism was
what was known as the immunity. In Roman law immunity meant exemption
from taxes and public services and belonged especially to the lands
owned personally by the emperors. Such exemptions were, however,
sometimes allowed to the lands of imperial officers and of men in
certain professions, and in later times to the lands held by the
Church. How closely this Roman immunity was connected with the feudal
immunity of the Middle Ages is not clear. Doubtless the institution
survived in Gaul, especially on church lands, long after the Frankish
conquest. It is best, however, to look upon the typical Frankish
immunity as of essentially independent origin. From the time of
Clovis, the kings were accustomed to make grants of the sort to
land-holding abbots and bishops, and by the time of Charlemagne nearly
all such prelates had been thus favored. But such grants were not
confined to ecclesiastics. Even in the seventh and eighth centuries
lay holders of royal benefices often received the privileges of the
immunity also. Speaking generally, the immunity exempted the lands to
which it applied from the jurisdiction of the local royal officials,
especially of the counts. The lands were supposed to be none the less
ultimately subject to the royal authority, but by the grant of
immunity the sovereign took their financial and judicial
administration from the counts, who would ordinarily have charge, and
gave it to the holders of the lands. The counts were forbidden to
enter the specified territories to collect taxes or fines, hold
courts, and sometimes even to arrange for military service. The
layman, or the bishop, or the abbot, who held the lands performed
these services and was responsible only to the crown for them. The
king's chief object in granting the immunity was to reward or win the
support of the grantees and to curtail the authority of his local
representatives, who in many cases threatened to become too powerful
for the good of the state; but by every such grant the sovereign
really lost some of his own power, and this practice came to be in no
small measure responsible for the weakness of monarchy in feudal
times.
The first of the extracts below (a) is a seventh-century formula for
the grant of an immunity by the king to a bishop. The second (b) is a
grant made by Charlemagne, in 779, confirming an old immunity enjoyed
by the monastery at Chalons-sur-Saone.
Sources--(a) Text in _Monumenta Germaniae Historica, Legum
Sectio V., Formulae_, Part I., pp. 43-44.
(b) Text in _Monumenta Germaniae Historica, Leges_ (Pertz ed.),
Vol. II., p. 287. Adapted from translation in Ephraim Emerton,
_Introduction to the Study of the Middle Ages_ (new ed.,
Boston, 1903), p. 246.
[Sidenote: A formula for a grant of immunity]
(a)
Public-domain text, read in full here on John Shaqi.
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