be wrecked on their shores. [Illustration: Figs. 24 and 25.--Varlet or Squire carrying a Halberd with a thick Blade; and Archer, in Fighting Dress, drawing the String of his Crossbow with a double-handled Winch.--From the Miniatures of the "Jouvencel," and the "Chroniques" of Froissart, Manuscripts of the 58 Fifteenth Century (Imperial Library of Paris).] When the feudal nobles granted to their vassals the right of assembling on certain days, in order to hold fairs and markets, they never neglected to reserve to themselves some tax on each head of cattle, as well as on the various articles brought in and put up for sale. As these fairs and markets never failed to attract a great number of buyers and sellers, this formed a very lucrative tax for the noble (Fig. 26). [Illustration: Fig. 26.--Flemish Peasants at the Cattle Market.--Miniature of the "Chroniques de Hainaut." Manuscripts of the Fifteenth Century, vol. ii. fol. 204 (Library of the Dukes of Burgundy, Brussels).] The right of
marque, or reprisal, was a most barbarous custom. A famous example is given of it. In 1022, William the Pious, Count of AngoulAame, before starting for a pilgrimage to Rome, made his three brothers, who were his vassals, swear to live in honourable peace and good friendship. But, notwithstanding their oath, two of the brothers, having invited the third to the Easter festivities, seized him at night in his bed, put out his eyes so that he might not find the way to his castle, and cut out his tongue so that he might not name the authors of this horrible treatment. The voice of God, however, denounced them, and the Count of AngoulAame, shuddering with horror, referred the case to his sovereign, the Duke of Aquitaine, William IV., who immediately came, and by fire and sword exercised his right of
marque on the lands of the two brothers, leaving them nothing but their lives and limbs, after having first put out their eyes and cut out their tongues, so as to inflict on them the penalty of retaliation. 59 The right of sporting or hunting was of all prerogatives that dearest to, and most valued by the nobles. Not only were the severest and even cruellest penalties imposed on "vilains" who dared to kill the smallest head of game, but quarrels frequently arose between nobles of different degrees on the subject, some pretending to have a feudal privilege of hunting on the lands of others (Fig. 27). From this tyrannical exercise of the right of hunting, which the least powerful of the nobles only submitted to with the most violent and bitter feelings, sprung those old and familiar ballads, which indicate the popular sentiment on the subject. In some of these songs the inveterate hunters are condemned, by the order of Fairies or of the Fates, either to follow a phantom stag for everlasting, or to hunt, like King Artus, in the clouds and to catch a fly every hundred years. The right of jurisdiction, which gave judicial power to the dukes and counts in cases arising in their domains, had no appeal save to the King himself, and this was even often contested by the nobles, as for instance, in the unhappy case of Enguerrand de Coucy. Enguerrand had ordered three young Flemish noblemen, who were scholars at the Abbey of "St. Nicholas des Bois," to be seized and hung, because, not knowing that they were on the domain of the Lord of Coucy, they had killed a few rabbits with arrows. St. Louis called the case before him. Enguerrand answered to the call, but only to dispute the King's right, and to claim the judgment of his peers. The King, without taking any notice of the remonstrance, ordered Enguerrand to be locked up in the big tower of the Louvre, and was nearly applying the law of
retaliation to his case. Eventually he granted him letters of pardon, after condemning him to build three chapels, where masses were continually to be said for the three victims; to give the forest where the young scholars had been found hunting, to the 60 Abbey of "St. Nicholas des Bois;" to lose on all his estates the rights of jurisdiction and sporting; to serve three years in the Holy Land; and to pay to the King a fine of 12,500 pounds tournois. It must be remembered that Louis IX., although most generous in cases relating simply to private interests, was one of the most stubborn defenders of royal prerogatives. A right which feudalists had the greatest interest in observing, and causing to be respected, because they themselves might with their wandering habits require it at any moment, was that of
safe convoy, or _guidance_. This right was so powerful, that it even applied itself to the lower orders, and its violation was considered the most odious crime; thus, in the thirteenth century, the King of Aragon was severely abused by all persons and all classes, because in spite of this right he caused a Jew to be burned so as not to have to pay a debt which the man claimed of him. [Illustration: Fig. 27.--Nobleman in Hunting Costume, preceded by his Servant, trying to find the Scent of a Stag.--From a Miniature in the Book of Gaston Phoebus ("Des Deduitz de la Chasse des Bestes Sauvaiges").--Manuscript of the Fourteenth Century (National Library of Paris).] The right of "the Crown" should also be mentioned, which consisted of a circle of gold ornamented in various fashions, according to the different degrees of feudal monarchy, which vassals had to present to their lord on the day of his investiture. The right of seal was a fee or fine they had to pay for the charters which their lord caused to be delivered to them. The duty of
aubaine was the fine or due paid by merchants, either in 61 kind or money, to the feudal chief, when they passed near his castle, landed in his ports, or exposed goods for sale in his markets. The nobles of second order possessed among their privileges that of wearing spurs of silver or gold according to their rank of knighthood; the right of receiving double rations when prisoners of war; the right of claiming a year's delay when a creditor wished to seize their land; and the right of never having to submit to torture after trial, unless they were condemned to death for the crime they had committed. If a great baron for serious offences confiscated the goods of a noble who was his vassal, the latter had a right to keep his palfrey, the horse of his squire, various pieces of his harness and armour, his bed, his silk robe, his wife's bed, one of her dresses, her ring, her cloth stomacher, &c. The nobles alone possessed the right of having seats of honour in churches and in chapels (Fig. 28), and to erect therein funereal monuments, and we know that they maintained this right so rigorously and with so much effrontery, that fatal quarrels at times arose on questions of precedence. The epitaphs, the placing of tombs, the position of a monument, were all subjects for conflicts or lawsuits. The nobles enjoyed also the right of _disinheritance_, that is to say, of claiming the goods of a person dying on their lands who had no direct heir; the right of claiming a tax when a fief or domain changed hands; the right of
common oven, or requiring vassals to make use of the mill, the oven, or the press of the lord. At the time of the vintage, no peasant might sell his wine until the nobles had sold theirs. Everything was a source of privilege for the nobles. Kings and councils waived the necessity of their studying, in order to be received as bachelors of universities. If a noble was made a prisoner of war, his life was saved by his nobility, and his ransom had practically to 62 be raised by the "vilains" of his domains. The nobles were also exempted from serving in the militia, nor were they obliged to lodge soldiers, &c. They had a thousand pretexts for establishing taxes on their vassals, who were generally considered "taxable and to be worked at will." Thus in the domain of Montignac, the Count of Perigord claimed among other things as follows: "for every case of censure or complaint brought before him, 10 deniers; for a quarrel in which blood was shed, 60 sols; if blood was not shed, 7 sols; for use of ovens, the sixteenth loaf of each baking; for the sale of corn in the domain, 43 setiers: besides these, 6 setiers of rye, 161 setiers of oats, 3 setiers of beans, 1 pound of wax, 8 capons, 17 hens, and 37 loads of wine." There were a multitude of other rights due to him, including the provostship fees, the fees on deeds, the tolls and furnaces of towns, the taxes on salt, on leather, corn, nuts; fees for the right of fishing; for the right of sporting, which last gave the lord a certain part or quarter of the game killed, and, in addition, the
dA(r)me or tenth part of all the corn, wine, &c., &c. [Illustration: Fig. 28.--Jean Jouvenel des Ursins, Provost of the Merchants of Paris, and Michelle de Vitry, his Wife, in the Reign of Charles VI.--Fragment of a Picture of the Period, which was in the Chapel of the Ursinus, and is now in the Versailles Museum.] This worthy noble gathered in besides all this, during the religious festivals of the year, certain tributes in money on the estate of Montignac alone, amounting to as much as 20,000 pounds tournois. One can judge by this rough sketch, of the income he must have had, both in good and bad years, from his other domains in the rich county of Perigord. It must not be imagined that this was an exceptional case; all over the 63 feudal territory the same state of things existed, and each lord farmed both his lands and the persons whom feudal right had placed under his dependence. [Illustration: Fig. 29.--Dues on Wines, granted to the Chapter of Tournai by King Chilperic.--From the Windows of the Cathedral of Tournai, Fifteenth Century.] To add to these already excessive rates and taxes, there were endless dues, under all shapes and names, claimed by the ecclesiastical lords
