I: An Anglo Saxon Form of Commendation [from Schmidt: Gesetze der Angelsachsen, p. 404]
Thus shall one take the oath of fidelity:
By the Lord before whom this sanctuary is holy, I will to N. be true and faithful, and love all which he loves and shun all which he shuns, according to the laws of God and the order of the world. Nor will I ever with will or action, through word or deed, do anything which is unpleasing to him, on condition that he will hold to me as I shall deserve it, and that he will perform everything as it was in our agreement when I submitted myself to him and chose his will.
II: Acceptance of an Antrusian, 7th Century [from Roziere: Collection de Formules, No. VIII, Vol I, p. 8]
It is right that those who offer to us unbroken fidelity should be protected by our aid. And since such and such a faithful one of ours, by the favor of God, coming here in our palace with his arms, has seen fit to swear trust and fidelity to us in our hand, therefore we decree and command by the present precept that for the future such and such above mentioned be counted with the number of antrustions. And if anyone perchance should presume to kill him, let him know that he will be judged guilty of his wergild of 600 shillings.
from E. P. Cheyney, trans, University of Pennsylvania. Dept. of History: Translations and Reprints from the Original Sources of European history, published for the Dept. of History of the University of Pennsylvania., Philadelphia, University of Pennsylvania Press . Vol IV, No: 3, 3-5
A capitulary of Carlmann, brother of pippin. It illustrates the land distribution to the warriors, and is the earliest case of appropriation of Church lands which we have.
Because of the threats of war and the attacks of certain tribes on our borders, we have determined, with the consent of God and by the advice of our clergy and people, to appropriate for a time part of the ecclesiastical property for the support of our army. The lands are to be held as precaria for a fixed rent; one solidus, or twelve denarii, shall be paid annually to the church or monastery for each casata [farm]. When the holder dies the whole possession shall return to the church. If, however, the exigency of the time makes it necessary, the prince may require the precarium to be renewed and given out again. Care shall be taken, however, that the churches and monasteries do not incur suffering or poverty through the granting of precatia. If the poverty of the church makes it necessary, the whole possession shall be restored to the church.
Sometimes the grant of a benefice included immunity from royal jurisdiction in the lands conferred, as in this seventh-century formula.
Those who from their early youth have served us or our parents faithfully are justly rewarded by the gifts of our munificence. Know therefore that we have granted to that illustrious man (name), with greatest good will, the villa called (name), situated in the county of (name), with all its possessions and extent, in full as it was formerly held by him or by our treasury. Therefore by the present charter which we command to be observed forever, we decree that the said (name) shall possess the villa of (name), as has been said, in its entirety, with lands, houses, buildings, inhabitants, slaves, woods, pastures, meadows, streams, mills, and all its appurtenances and belonging, and with all the subjects of the royal treasury who dwell on the lands, and he shall hold it forever with full immunity from the entrance of any public official for the purpose of exacting the royal portion of the fines from cases arising there; to the extent finally that he shall have, hold, and possess it in full ownership, no one having the right to expect its transfer, and with the right of leaving it to his successors or to anyone whom he desires, and to do with it whatever else he wishes.
Eventually, as royal authority collapsed during the ninth-century, private landholders and public authorities coalesced in one figure. Both lordship jurisdiction became heriditary. In 877 Charles the Bald gave official recognition to the principle of heritability.
If a count of this kingdom, whose son is with us, shall die, our son with the rest of our faithful shall appoint some one of the nearest relatives of the same count, who, along with the officials of his province and with the bishop in whose diocese the same province is, shall administer that province until announcement is made to us, so that we may honor his son who is with us with his honors.
If, however, he had a minor son, this same son, along with the officials of that province and with the bishop in whose diocese it is, shall make provision for the same province until the notice of the death of the same count shall come to us, that his son may be honored, by our concession, with his honors.
If, however, he had no son, our son along with the rest of the faithful, shall take charge, who, along with the officials of the same province and with the proper bishop shall make provision for the same province until our order may be made in regard to it. Therefore, let him not be angry who shall provide for the province if we give the same province to another whom it pleases us, rather than to him who has so far provided for it.
Similarly also shall this be done concerning our vassals. And we will and command that as well the bishops as the abbots and the counts, and any others of our faithful also, shall study to preserve this toward their men.
from Oliver J. Thatcher, and Edgar Holmes McNeal, eds., A Source Book for Medieval History, (New York: Scribners, 1905): Cap. Of Lestinnes, 357; Immunity Formula, 352-353
and from E. P. Cheyney, trans, University of Pennsylvania. Dept. of History: Translations and Reprints from the Original Sources of European history, published for the Dept. of History of the University of Pennsylvania., Philadelphia, University of Pennsylvania Press . Vol IV, No: 3, Cap. of Kersey, p. 14
MUTAL DUTIES OF VASSALS AND LORDS
To William most glorious duke of the Aquitanians, bishop Fulbert the favor of his prayers.
Asked to write something concerning the form of fealty, I have noted briefly for you on the authority of the books the things which follow. He who swears fealty to his lord ought always to have these six things in memory; what is harmless, safe, honorable, useful, easy, practicable. Harmless, that is to say that he should not be injurious to his lord in his body; safe, that he should not be injurious to him in his secrets or in the defences through which he is able to be secure; honorable, that he should not be injurious to him in his justice or in other matters that pertain to his honor; useful, that he should not be injurious to him in his possessions; easy or practicable, that that good which his lord is able to do easily, he make not difficult, nor that which is practicable he make impossible to him.
However, that the faithful vassal should avoid these injuries is proper, but not for this does he deserve his holding; for it is not sufficient to abstain from evil, unless what is good is done also. It remains, therefore, that in the same six things mentioned above he should faithfully counsel and aid his lord, if he wishes to be looked upon as worthy of his benefice and to be safe concerning the fealty which he has sworn.
The lord also ought to act toward his faithful vassal reciprocally in all these things. And if he does not do this he will be justly considered guilty of bad faith, just as the former, if he should be detected in the avoidance of or the doing of or the consenting to them, would be perfidious and perjured.
I would have written to you at greater length, if I had not been occupied with many other things, including the rebuilding of our city and church which was lately entirely consumed in a great fire; from which loss though we could not for a while be diverted, yet by the hope of the comfort of God and of you we breathe again.
From Recueil des Hist. des Gaules et de la France , (Loan), translated by E.P. Cheyney in University of Pennsylvania Translations and Reprints, (Philadelphia: University of Pennsylvania Press, 1898), Vol 4:, no, 3, pp. 23-24
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(c)Paul Halsall Feb 1996