[ArM5] Some more questions on laws and priviledges
Juergen Wolter
berengar at compuserve.com
Sun Apr 24 03:18:25 EDT 2005
Sheeesh, give a man some time ... there is plenty to do between Tuesday and
Friday.
Eivind, you figured out the basics of Occitanian feudalism quite well.
After 1209 you should of course also consider the effect of the crusade on
every decision a lesser noble would make. Then you have two competing
pyramids of fealty around Toulouse, one culminating in the Count of
Toulouse, the other until January 1226 in the Montfort family, and
afterwards in the King of France. This means that any - even temporary -
weakening of unity and authority in a noble family could spell disaster. So
decisions about inheritance will be aimed at keeping the family and its
fortune together.
This will usually mean that capable legitimate sons take all, and competent
bastards - depending on their expected loyalty to the family and their
liege - become stewards, castellans, canons, monks or such.
But Occitanian laws are flexible, allowing also inheritance to the distaff
side or partitioning of allodial lands, and leaving many options to handle
special situations. A bastard might find himself married to a heiress, the
plenipotentiary steward of a family of bickering incompetents, or the sole
heir of an apparently doomed castle in the way of the crusaders.
For some first hand account on the noble turncoats and backstabbers during
the Albigensian crusade you could read the Historia Albigensis of Pierre des
Vaux-de-Cernay. The man had to be a 200% hypocrite to even be considered
for his task: writing the official history of the crusade. But for an
impression of the day to day political wrangling both within the crusaders'
and within their opponents' faction his book is still priceless, no matter
how liberally sprinkled it is with stale jokes about 'Tolosani dolosi' and
accounts of divine providence. After reading it you will clearly see the
dilemmas of an Occitanian noble taking the obligation to his family
seriously while writing his will.
About your other questions:
Elected common law reeves do not exist in the area of Toulouse or Provence -
for lack of common law. Instead, Roman law applies - basically that of the
Glossatores, but with many local laws and customs to also be respected. I
do not know local customs of Toulouse of Provence how to appoint the
necessary overseers among the serfs. I expect that factually anyway the
landholder appointed them.
The miller on a feudal holding - like a manor - is closely dependent of the
landholder, without whose consent the mill could not operate. I reckon that
a bailiff of a larger holding is usually too busy to do in addition the work
of a miller, or even just the bookkeeping part. Either he trusts the miller
with that, or appoints an underling to do the day to day supervision.
Kind regards,
Berengar
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