The mortmains were generally subject to the greater share of feudal obligations formerly imposed on serfs; these were particularly to work for a certain time for their lord without receiving any wages, or else to pay him the tax when it was due, on certain definite occasions, as for example, when he married, when he gave a dower to his daughter, when he was taken prisoner of war, when he went to the Holy Land, &c., &c.  What particularly characterized the condition of mortmains was, that the lords had the right to take all their goods when they died without issue, or when the children held a separate household; and that they could not dispose of anything they possessed, either by will or gift, beyond a certain sum.

The noble who franchised mortmains, imposed on them in almost all cases very 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 on lands and persons under the feudal System, was constituted.