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 baron and the vassals of the king ought to appear in his army
when they shall be summoned, and ought to serve at their own
expense for forty days and forty nights, with whatever number of
knights they owe.[330] And he possesses the right to exact from
them these services when he wishes and when he has need of them.
If, however, the king shall wish to keep them more than forty days
and forty nights at their own expense, they need not remain unless
they desire.[331] But if he shall wish to retain them at his cost
for the defense of the kingdom, they ought lawfully to remain. But
if he shall propose to lead them outside of the kingdom, they need
not go unless they are willing, for they have already served their
forty days and forty nights.
(_c_) WARDSHIP AND MARRIAGE
Very important among the special prerogatives of the feudal lord was
his right to manage, and enjoy the profits of, fiefs inherited by
minors. When a vassal died, leaving an heir who was under age, the
lord was charged with the care of the fief until the heir reached his
or her majority. On becoming of age, a young man was expected to take
control of his fief at once. But a young woman remained under wardship
until her marriage, though if she married under age she could get
possession of her fief immediately, just as she would had she waited
until older. The control of the marriage of heiresses was largely in
the hands of their lords, for obviously it was to the lord's interest
that no enemy of his, nor any shiftless person, should become the
husband of his ward. The lord could compel a female ward to marry and
could oblige her to accept as a husband one of the candidates whom he
offered her; but it was usually possible for the woman to purchase
exemption from this phase of his jurisdiction. After the thirteenth
century the right of wardship gradually declined in France, though it
long continued in England. The following extract from the customs of
Normandy sets forth the typical feudal law on the subject.
Source--_L'Ancienne Coutume de Normandie_, Chap. 33.
Heirs should be placed in guardianship until they reach the age of
twenty years; and those who hold them as wards should give over to
them all the fiefs which came under their control by reason of
wardship, provided they have not lost anything by judicial
process.... When the heirs pass out of the condition of wardship,
their lords shall not impose upon them any reliefs for their fiefs,
for the profits of wardship shall be reckoned in place of the
relief.
[Sidenote: The marriage of a female ward]
Public-domain text, read in full here on John Shaqi.
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