As early as the fourteenth century, serfdom or servitude no longer existed except in "mortmain," of which we still have to speak.

[The Court of Mary of Anjou, Wife of Charles VII.]

Her chaplain the learned Robert Blondel presents her with the allegorical Treatise of the "Twelve Perils of Hell." Which he composed for her (1455). Fac-simile of a miniature from this work. Bibl. de l'Arsenal, Paris.

Mortmain consisted of the privation of the right of freely disposing of one's person or goods. He who had not the power of going where he would, of giving or selling, of leaving by will or transferring his property, fixed or movable, as he thought best, was called a man of mortmain.

[Fig. 22.]--Italian Nobleman of the Fifteenth Century. From a Playing-card engraved on Copper about 1460 (Cabinet des Estampes, National Library of Paris).

This name was apparently chosen because the hand, "considered the symbol of power and the instrument of donation," was deprived of movement, paralysed, in fact struck as by death. It was also nearly in this sense, that men of the Church were also called men of mortmain, because they were equally forbidden to dispose, either in life, or by will after death, of anything belonging to them.

There were two kinds of mortmain: real and personal; one concerning land, and the other concerning the person; that is to say, land held in mortmain did not change quality, whatever might be the position of the person who occupied it, and a "man of mortmain" did not cease to suffer the inconveniences of his position on whatever land he went to establish himself.

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 Ventôse, year II.--that is, March 2, 1794).