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
When a female ward reaches the proper age to marry, she should be
married by the advice and consent of her lord, and by the advice
and consent of her relatives and friends, according as the nobility
of her ancestry and the value of her fief may require; and upon her
marriage the fief which has been held in guardianship should be
given over to her. A woman cannot be freed from wardship except by
marriage; and let it not be said that she is of age until she is
twenty years old. But if she be married at the age at which it is
allowable for a woman to marry, the fact of her marriage makes her
of age and delivers her fief from wardship.
[Sidenote: The lord's obligation to care for the fief of his ward]
The fiefs of those who are under wardship should be cared for
attentively by their lords, who are entitled to receive the produce
and profits.[332] And in this connection let it be known that the
lord ought to preserve in their former condition the buildings, the
manor-houses, the forests and meadows, the gardens, the ponds, the
mills, the fisheries, and the other things of which he has the
profits. And he should not sell, destroy, or remove the woods, the
houses, or the trees.
(_d_) RELIEFS
A relief was a payment made to the lord by an heir before entering
upon possession of his fief. The history of reliefs goes back to the
time when benefices were not hereditary and when, if a son succeeded
his father in the usufruct of a piece of property, it was regarded as
an unusual thing--a special favor on the part of the owner to be paid
for by the new tenant. Later, when fiefs had become almost everywhere
hereditary, the custom of requiring reliefs still survived. The amount
was at first arbitrary, being arranged by individual bargains; but in
every community, especially in France, the tendency was toward a fixed
custom regarding it. Below are given some brief extracts from English
Treasury records which show how men in England between the years 1140
and 1230 paid the king for the privilege of retaining the fiefs held
by their fathers.
Source--Thomas Madox, _History and Antiquities of the
Exchequer of the Kings of England_ (London, 1769), Vol. I.,
pp. 312-322 _passim_.
Walter Hait renders an account of 5 marks of silver for the relief
of the land of his father.
Walter Brito renders an account of L66, 13s. and 4d. for the relief
of his land.
Richard of Estre renders an account of L15 for the relief for 3
knights' fees which he holds from the honor of Mortain.
Walter Fitz Thomas, of Newington, owes 28s. 4d. for having a fourth
part of one knight's fee which had been seized into the hand of the
king for default of relief.
John of Venetia renders an account of 300 marks for the fine of his
land and for the relief of the land which was his father's which he
held from the king _in capite_.[333]
Public-domain text, read in full here on John Shaqi.
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