CHAPTER IX

FEUDALISM

[Sidenote: Feudalism the outgrowth of prevailing conditions and earlier

customs.]

40. Feudalism was the natural outcome of the peculiar conditions which

prevailed in western Europe during the ninth and tenth centuries. Its

chief elements were not, however, newly invented or discovered at that

period but were only combined in order to meet the demands of the times.

It will be well, therefore, to consider briefly those customs in the

later Roman Empire and among the invading Germans which suggest (1) the

habit of the mediæval landowner of granting his land to others in such a

way that, while he retained the title, they became, to most intents and

purposes, the real owners; and (2) the relation of lord and vassal.

[Sidenote: Conditions of landholding in the later Roman Empire.]

[Sidenote: The _beneficium_.]

We have seen how, before the barbarian inroads, the small landowners in

the Roman Empire had often found it to their advantage to give up the

title to their land to more powerful neighboring proprietors.[62] The

scarcity of labor was such that the new owner, while extending the

protection of his name over the land, was glad to permit the former

owner to continue to till it, rent free, much as if it still belonged to

him. With the invasions of the barbarians the lot of the defenseless

small landholder became worse. He had a new resource, however, in the

monasteries. The monks were delighted to accept any real estate which

the owner--for the good of his soul and to gain the protection of the

saint to whom the monastery church was dedicated--felt moved to turn

over to them on the understanding that the abbot should permit the

former owner to continue to cultivate his fields. Though he no longer

owned the land, he still enjoyed its products and had only to pay a

trifling sum each year in recognition of the monastery's ownership.[63]

The use, or _usufruct_, of the land which was thus granted by the

monastery to its former owner was called a _beneficium_. The same term

was applied to the numerous grants which churches made from their vast

possessions for limited periods and upon various conditions. We also

find the Frankish kings and other great landowners disposing of their

lands in a similar fashion. The _beneficium_ forms the first stage in

the development of mediæval landowning.

[Sidenote: The origin of the relationship of lord and vassal.]

Side by side with the _beneficium_ grew up another institution which

helps to explain the relation of lord and vassal in later times. Under

the later Roman Empire the freeman who owned no land and found himself

unable to gain a living might become the dependent of some rich and

powerful neighbor, who agreed to feed, clothe, and protect him on

condition that he should engage to be faithful to his patron, "love all

that he loved and shun all that he shunned."[64]

[Sidenote: The _comitatus_.]

The invading Germans had a custom that so closely resembled this Roman

one that scholars have found it impossible to decide whether we should

attribute more influence to the Roman or to the German institution in

the development of feudalism. We learn from Tacitus that the young

German warriors were in the habit of pledging their fidelity to a

popular chieftain, who agreed to support his faithful followers if they

would fight at his side. The _comitatus_, as Tacitus named this

arrangement, was not regarded by the Germans as a mere business

transaction, but was looked upon as honorable alike to lord and man.

Like the later relation of vassal and lord, it was entered upon with a

solemn ceremony and the bond of fidelity was sanctioned by an oath. The

obligations of mutual aid and support established between the leader and

his followers were considered most sacred.

[Sidenote: Combination of the _comitatus_ and the _beneficium_ produces

feudal land tenure.]

While there was a great difference between the homeless and destitute

fellow who became the humble client of a rich Roman landowner, and the

noble young German warrior who sat at the board of a distinguished

military leader, both of these help to account for the later feudal

arrangement by which one person became the "man," or faithful and

honorable dependent, of another. When, after the death of Charlemagne,

men began to combine the idea of the _comitatus_ with the idea of the

_beneficium_, and to grant the usufruct of parcels of their land on

condition that the grantee should be true, loyal, and helpful to them,

that is, become their _vassal_, we may consider that the feudal system

of landowning was coming into existence.[65]

[Sidenote: Gradual development of feudalism.]

[Sidenote: The fief.]

[Sidenote: Infeudation and subinfeudation.]

[Sidenote: Vassal and subvassal.]

41. Feudalism was not established by any decree of a king or in virtue

of any general agreement between all the landowners. It grew up

gradually and irregularly without any conscious plan on any one's part,

simply because it seemed convenient and natural under the circumstances.

The owner of vast estates found it to his advantage to parcel them out

among vassals who agreed to accompany him to war, attend his court,

guard his castle upon occasion, and assist him when he was put to any

unusually great expense. Land granted upon the terms mentioned was said

to be "infeudated" and was called a _fief_. One who held a fief might

himself become a lord by granting a portion of his fief to a vassal upon

terms similar to those upon which he held of his lord or suzerain.[66]

This was called _subinfeudation_, and the vassal of a vassal was called

a _subvassal_ or _subtenant_. There was still another way in which the

number of vassals was increased. The owners of small estates were

usually in a defenseless condition, unable to protect themselves against

the insolence of the great nobles. They consequently found it to their

advantage to put their land into the hands of a neighboring lord and

receive it back from him as a fief. They thus became his vassals and

could call upon him for protection.

It is apparent, from what has been said, that, all through the Middle

Ages, feudalism continued to grow, as it were, "from the top and bottom

and in the middle all at once." (1) Great landowners carved out new

fiefs from their domains and granted them to new vassals. (2) Those who

held small tracts brought them into the feudal relation by turning them

over to a lord or monastery, whose vassals they became. (3) Finally any

lord might subinfeudate portions of his estate by granting them as fiefs

to those whose fidelity or services he wished to secure. By the

thirteenth century it had become the rule in France that there should be

"no land without its lord." This corresponded pretty closely to the

conditions which existed at that period throughout the whole of western

Europe.

[Sidenote: The hereditary character of fiefs and its consequences.]

It is essential to observe that the fief, unlike the _beneficium_, was

not granted for a certain number of years, or for the life of the

grantee, to revert at his death to the owner. On the contrary, it became

hereditary in the family of the vassal and passed down to the eldest son

from one generation to another. So long as the vassal remained faithful

to his lord and performed the stipulated services, and his successors

did homage and continued to meet the conditions upon which the fief had

originally been granted, neither the lord nor his heirs could rightfully

regain possession of the land. No precise date can be fixed at which it

became customary to make fiefs hereditary; it is safe, however, to say

that it was the rule in the tenth century.[67]

The kings and great nobles perceived clearly enough the disadvantage of

losing control of their lands by permitting them to become hereditary

property in the families of their vassals. But the feeling that what the

father had enjoyed should pass to his children, who, otherwise, would

ordinarily have been reduced to poverty, was so strong that all

opposition on the part of the lord proved vain. The result was that

little was left to the original and still nominal owner of the fief

except the services and dues to which the practical owner, the vassal,

had agreed in receiving it. In short, the fief came really to belong to

the vassal, and only a shadow of his former proprietorship remained in

the hands of the lord. Nowadays the owner of land either makes some use

of it himself or leases it for a definite period at a fixed money rent.

But in the Middle Ages most of the land was held by those who neither

really owned it nor paid a regular rent for it and yet who could not be

deprived of it by the original owner or his successors.

[Sidenote: Subvassals of the king not under his control.]

Obviously the great vassals who held directly of the king became almost

independent of him as soon as their fiefs were granted to them in

perpetuity. Their vassals, since they stood in no feudal relation to the

king, escaped the royal control altogether. From the ninth to the

thirteenth century the king of France or the king of Germany did not

rule over a great realm occupied by subjects who owed him obedience as

their lawful sovereign, paid him taxes, and were bound to fight under

his banner as the head of the state. As a feudal landlord himself, he

had a right to demand fidelity and certain services from those who were

his vassals. But the great mass of the people over whom he nominally

ruled, whether they belonged to the nobility or not, owed little to the

king directly, because they lived upon the lands of other feudal lords

more or less independent of him.

Enough has been said of the gradual and irregular growth of feudalism to

make it clear that complete uniformity in feudal customs could hardly

exist within the bounds of even a small kingdom, much less throughout

the countries of western Europe. Yet there was a remarkable resemblance

between the institutions of France, England, and Germany, so that a

description of the chief features of feudalism in France, where it was

highly developed, will serve as a key to the general situation in all

the countries we are studying.

[Sidenote: The fief the central institution of feudalism.]

[Sidenote: Homage.]

42. The fief (Latin, _feudum_) was the central institution of feudalism

and the one from which it derives its name. In the commonest acceptance

of the word, the fief was land, the perpetual use of which was granted

by its owner, or holder, to another person, on condition that the one

receiving it should become his vassal. The one proposing to become a

vassal knelt before the lord and rendered him _homage_[68] by placing

his hands between those of the lord and declaring himself the lord's

"man" for such and such a fief. Thereupon the lord gave his vassal the

kiss of peace and raised him from his kneeling posture. Then the vassal

took the oath of fidelity upon the Bible, or some holy relic, solemnly

binding himself to fulfill all his duties toward his lord. This act of

rendering homage by placing the hands in those of the lord and taking

the oath of fidelity was the first and most essential obligation of the

vassal and constituted the _feudal bond_. For a vassal to refuse to do

homage for his fief when it changed hands, was equivalent to a

declaration of revolt and independence.

[Sidenote: Obligations of the vassal. Military service.]

[Sidenote: Money fiefs.]

The obligations of the vassal varied greatly.[69] Sometimes homage meant

no more than that the vassal bound himself not to attack or injure his

lord in honor or estate, or oppose his interests in any other manner.

The vassal was expected to join his lord when there was a military

expedition on foot, although it was generally the case that the vassal

need not serve at his own expense for more than forty days. The rules,

too, in regard to the length of time during which a vassal might be

called upon to guard the castle of his lord varied almost infinitely.

The shorter periods of military service proved very inconvenient to the

lord. Consequently it became common in the thirteenth century for the

king and the more important nobles to secure a body of soldiers upon

whom they could rely at any time, and for any length of time, by

creating money fiefs. A certain income was granted to a knight upon

condition that the grantee should not only become a vassal of the lord

but should also agree to fight for him whenever it was necessary.

[Sidenote: Other feudal obligations.]

[Sidenote: Money payments.]

Besides the military service due from the vassal to his lord, he was

expected to attend the lord's court when summoned. There he sat with

other vassals to hear and pronounce upon those cases in which his

peers--i.e., his fellow-vassals--were involved.[70] Moreover, he had to

give the lord the benefit of his counsel when required, and attend him

upon solemn occasions. Under certain circumstances vassals had to make

money payments to their lord, as well as serve him in person; as, for

instance, when the fief changed hands through the death of the lord or

of the vassal, when the fief was alienated, when the lord was put to

extra expense by the necessity of knighting his eldest son or providing

a dowry for his daughter, or when he was in captivity and was held for a

ransom. Lastly, the vassal might have to entertain his lord should the

lord come his way. There are amusingly detailed accounts, in some of the

feudal contracts, of exactly how often the lord might come, how many

followers he might bring, and what he should have to eat.

[Illustration: A Mediæval Castle near Klagenfurt, Austria]

[Sidenote: Different classes of fiefs.]

There were fiefs of all kinds and of all grades of importance, from that

of a duke or count, who held directly of the king and exercised the

powers of a practically independent prince, down to the holding of the

simple knight, whose bit of land, cultivated by peasants or serfs, was

barely sufficient to enable him to support himself and provide the horse

upon which he rode to perform his military service for his lord.

[Sidenote: The nobility.]

[Sidenote: Their privileges.]

In order to rank as a noble in mediæval society it was, in general,

necessary to be the holder of land for which only such services were due

as were considered honorable, and none of those which it was customary

for the peasant or serf to perform. The noble must, moreover, be a free

man and have at least sufficient income to maintain himself and his

horse without any sort of labor. The nobles enjoyed certain privileges

which set them off from the non-noble classes. Many of these privileges

were perpetuated in France, and elsewhere on the continent, down to the

time of the French Revolution, and in Italy and Germany, into the

nineteenth century. The most conspicuous privilege was a partial

exemption from taxation.

[Sidenote: Difficulty of classifying the nobles.]

It is natural to wish to classify the nobility and to ask just what was

the difference, for example, between a duke, a count, and a marquis.

Unfortunately there was no fixed classification, at least before the

thirteenth century. A count, for instance, might be a very inconspicuous

person, having a fief no larger than the county of Charlemagne's time,

or he might possess a great many of the older counties and rank in power

with a duke. In general, however, it may be said that the dukes, counts,

bishops, and abbots who held directly from the king were of the highest

rank. Next to them came an intermediate class of nobles of the second

order, generally subvassals of the king, and below these the simple

knights.

[Sidenote: Feudal registers.]

43. The great complexity of the feudal system of land tenure made it

necessary for the feudal lords to keep careful registers of their

possessions. Very few of these registers have been preserved, but we are

so fortunate as to have one of the count of Champagne, dating from the

early thirteenth century. This gives us an idea of what feudalism really

was in practice, and shows how impossible it is to make a satisfactory

map of any country during the feudal period.

[Illustration: Fiefs and Suzerains of the Counts of Champagne]

[Sidenote: Growth of the possessions of the counts of Champagne typical

of the period.]

At the opening of the tenth century we find in the chronicles of the

time an account of a certain ambitious count of Troyes, Robert by name,

who died in 923 while trying to wrest the crown of France from Charles

the Simple. His county passed to his son-in-law, who already held, among

other possessions, the counties of Château-Thierry and Meaux. His son,

in turn, inherited all three counties and increased his dominions by

judicious usurpations. This process of gradual aggrandizement went on

for generation after generation, until there came to be a compact

district under the control of the counts of Champagne, as they began to

call themselves at the opening of the twelfth century. It was in this

way that the feudal states in France and Germany grew up. Certain lines

of feudal lords showed themselves able, partly by craft and violence,

and partly, doubtless, by good fortune, to piece together a considerable

district, in much the same way as we shall find that the king of France

later pieced together France itself.

[Sidenote: The register of the counts of Champagne illustrates the

complexity of feudal relations.]

The register referred to above shows that the feudal possessions of the

counts of Champagne were divided into twenty-six districts, each of

which centered about a strong castle. We may infer that these divisions

bore some close relation to the original counties which the counts of

Champagne had succeeded in bringing together. All these districts were

held as fiefs of other lords. For the greater number of his fiefs the

count rendered homage to the king of France, but he was the vassal of no

less than nine other lords beside the king. A portion of his lands,

including probably his chief town of Troyes, he held of the duke of

Burgundy. Châtillon, Épernay, and some other towns, he held as the "man"

of the Archbishop of Rheims. He was also the vassal of the Archbishop of

Sens, of four other neighboring bishops, and of the abbot of the great

monastery of St. Denis. To all of these persons he had pledged himself

to be faithful and true, and when his various lords fell out with one

another it must have been difficult to see where his duty lay. Yet his

situation was similar to that of all important feudal lords.

The chief object, however, of the register was to show not what the

count owed to others but what his own numerous vassals owed to him. It

appears that he subinfeudated his lands and his various sources of

income to no less than two thousand vassal knights. The purpose of the

register is to record the terms upon which each of these knights held

his fief. Some simply rendered the count homage, some agreed to serve

him in war for a certain length of time each year, others to guard his

castle for specified periods. A considerable number of the vassals of

the count held lands of other lords, there being nothing to prevent a

subvassal from accepting a fief directly from the king, or from any

other neighboring noble landholder. So it happened that several of the

vassals of the counts of Champagne held of the same persons of whom the

count himself held.

[Sidenote: The infeudation of other things than land.]

It is evident that the counts of Champagne were not contented with the

number of vassals that they secured by subinfeudating their land. The

same homage might be rendered for a fixed income, or for a certain

number of bushels of oats to be delivered each year by the lord, as for

the use of land. So money, houses, wheat, oats, wine, chickens, were

infeudated, and even half the bees which might be found in a particular

forest. It would seem to us the simpler way to have hired soldiers

outright, but in the thirteenth century the traditions of feudalism were

so strong that it seemed natural to make vassals of those whose aid was

desired. The mere promise of a money payment would not have been

considered sufficiently binding. The feudal bond of homage served to

make the contract firmer than it would otherwise have been.

[Illustration: The arrow indicates a lord of whom the vassal held one or

more fiefs.]

It is clear, then, that no such regular hierarchy existed as some

historians have imagined, beginning with the king and ending with the

humblest knight included in the feudal aristocracy. The fact that

vassals often held of a number of different lords made the feudal

relations infinitely complex. The diagram on page 115, while it may not

exactly correspond to the situation at any given moment, will serve to

illustrate this complexity.

[Sidenote: The feudal system maintained only by force.]

44. Should one confine one's studies of feudalism to the rules laid down

by the feudal lawyers and the careful descriptions of the exact duties

of the vassal which are to be found in the contracts of the period, one

might conclude that everything had been so minutely and rigorously fixed

as to render the feudal bond sufficient to maintain order and liberty.

But one has only to read a chronicle of the time to discover that, in

reality, brute force governed almost everything outside of the Church.

The feudal obligations were not fulfilled except when the lord was

sufficiently powerful to enforce them. The bond of vassalage and

fidelity, which was the sole principle of order, was constantly broken

and faith was violated by both vassal and lord.[71]

[Sidenote: The breaking of the feudal bond.]

It often happened that a vassal was discontented with his lord and

transferred his allegiance to another. This he had a right to do under

certain circumstances, as, for instance, when his lord refused to see

that justice was done him in his court. But such changes were generally

made merely for the sake of the advantages which the faithless vassal

hoped to gain. The records of the time are full of accounts of refusal

to do homage, which was the commonest way in which the feudal bond was

broken. So soon as a vassal felt himself strong enough to face his

lord's displeasure, or realized that the lord was a helpless minor, he

was apt to declare his independence by refusing to recognize the feudal

superiority of the one from whom he had received his land.

[Sidenote: War the law of the feudal world.]

We may say that war, in all its forms, was the law of the feudal world.

War formed the chief occupation of the restless aristocracy who held the

land and exercised the governmental control. The inveterate habits of a

military race, the discord provoked by ill-defined rights or by

self-interest and covetousness, all led to constant bloody struggles in

which each lord had for his enemies all those about him. An enterprising

vassal was likely to make war at least once, first, upon each of his

several lords; secondly, upon the bishops and abbots with whom he was

brought into contact, and whose control he particularly disliked;

thirdly, upon his fellow-vassals; and lastly, upon his own vassals. The

feudal bonds, instead of offering a guarantee of peace and concord,

appear to have been a constant cause of violent conflict. Every one was

bent upon profiting by the permanent or temporary weakness of his

neighbor. This chronic dissension extended even to members of the same

family; the son, anxious to enjoy a part of his heritage immediately,

warred against his father, younger brothers against older, and nephews

against uncles who might seek to deprive them of their rights.

In theory, the lord could force his vassals to settle their disputes in

an orderly and righteous manner before his court. But often he was

neither able nor inclined to bring about a peaceful adjustment, and he

would frequently have found it embarrassing to enforce the decisions of

his own court. So the vassals were left to fight out their quarrels

among themselves and found their chief interest in life in so doing. War

was practically sanctioned by law. The great French code of laws of the

thirteenth century and the Golden Bull, a most important body of law

drawn up for Germany in 1356, did not prohibit neighborhood war, but

merely provided that it should be conducted in a decent and gentlemanly

way.

[Sidenote: Tourneys and jousts.]

The jousts, or tourneys, were military exercises--play wars--to fill out

the tiresome periods which occasionally intervened between real

wars.[72] They were, in fact, diminutive battles in which whole troops

of hostile nobles sometimes took part. These rough plays called down the

condemnation of the popes and councils, and even of the kings. The

latter, however, were too fond of the sport themselves not to forget

promptly their own prohibitions.[73]

[Sidenote: Disastrous effects of feudal warfare generally recognized.]

[Sidenote: The 'Truce of God.']

45. The disastrous nature of the perpetual feudal warfare and the

necessity of some degree of peace and order, had already become apparent

even as early as the eleventh century. In spite of all the turmoil,

mankind was making progress. Commerce and enlightenment were increasing

in the older towns and preparing the way for the development of new

ones. Those engaged in peaceful pursuits could not but find the

prevailing disorder intolerable. The Church was untiring, as it was

fitting that it should be, in its efforts to secure peace; and nothing

redounds more to the honor of the bishops than the "Truce of God." This

prohibited all hostilities from Thursday night until Monday morning, as

well as upon all of the numerous fast days.[74] The church councils and

the bishops required the feudal lords to take an oath to observe the

weekly truce, and, by means of the dreaded penalty of excommunication,

met with some success. With the opening of the Crusades in 1096, the

popes undertook to effect a general pacification by diverting the

prevailing warlike spirit against the Turks.

At the same time the king, in France and England at least, was becoming

a power that made for order in the modern sense of the word. He

endeavored to prevent the customary resort to arms to settle every sort

of difficulty between rival vassals. By increasing the military force

that he had at his command he compelled the submission of cases of

dispute to his tribunals. But even St. Louis (d. 1270), who made the

greatest efforts to secure peace, did not succeed in accomplishing his

end. The gradual bettering of conditions was due chiefly to general

progress and to the development of commerce and industry, which made the

bellicose aristocracy more and more intolerable.

General Reading.--The older accounts of feudalism, such as that

given by Guizot or Hallam, should be avoided as the reader is

likely to be misled by them. The earlier writers appear, from the

standpoint of recent investigations, to have been seriously

mistaken upon many important points. In French, LUCHAIRE, _Manuel

des Institutions Françaises_ (Hachette & Co., Paris, $3.00), and

ESMEIN, _Cours Élémentaire d'Histoire du Droit Français_ ($2.00),

are excellent.

In English there is EMERTON'S Chapter XIV on "Feudal Institutions"

in his _Mediæval Europe_, and ADAMS, _Civilization_, Chapter IX,

devoted especially to the origin of feudalism. CHEYNEY gives a

selection of documents relating to the subject in _Translations and

Reprints_, Vol. IV, No. 3.

An Introduction to the History of Western Europe · 第 9 / 42 章