y heavy conditions, consisting of fees, labours, and fines of all
sorts. In fact, a mortmain person, to be free, not only required to be
franchised by his own lord, but also by all the nobles on whom he was
dependent, as well as by the sovereign. If a noble franchised without the
consent of his superiors, he incurred a fine, as it was considered a
dismemberment or depreciation of the fief.
As early as the end of the fourteenth century, the rigorous laws of
mortmain began to fall into disuse in the provinces; though if the name
began to disappear, the condition itself continued to exist. The free men,
whether they belonged to the middle class or to the peasantry, were
nevertheless still subject to pay fines or obligations to their lords of
such a nature that they must be considered to have been practically in the
same position as mortmains. In fact, this custom had been so deeply rooted
into social habits by feudalism, that to make it disappear totally at the
end of the eighteenth century, it required three decrees of the National
Convention (July 17 and October 2, 1793; and 8 Ventose, year II.--that is,
March 2, 1794).
It is only just to state, that twelve or fourteen years earlier, Louis
XVI. had done all in his power towards the same purpose, by suppressing
mortmain, both real or personal, on the lands of the Crown, and personal
mortmain (i.e. the right of following mortmains out of their original
districts) all over the kingdom.
[Illustration: Fig. 23.--Alms Bag taken from some Tapestry in Orleans,
Fifteenth Century.]
Privileges and Rights. Feudal and Municipal.
Elements of Feudalism.--Rights of Treasure-trove, Sporting, Safe
Conducts, Ransom, Disinheritance, &c.--Immunity of the Feudalists.--Dues
from the Nobles to their Sovereign.--Law and University Dues.--Curious
Exactions resulting from the Universal System of Dues.--Struggles to
Enfranchise the Classes subjected to Dues.--Feudal Spirit and Citizen
Spirit.--Resuscitation of the System of Ancient Municipalities in Italy,
Germany, and France.--Municipal Institutions and Associations.--The
Community.--The Middle-Class Cities (_Cites Bourgeoises_).--Origin of
National Unity.
So as to understand the numerous charges, dues, and servitudes, often as
quaint as iniquitous and vexations, which weighed on the lower orders
during the Middle Ages, we must remember how the upper class, who assumed
to itself the privilege of oppression
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