5. Beginning of the Feudal System; its Results.

Meantime a great change had taken place in England with respect to

holding land (SS86, 150). We shall see clearly to what that change

was tending if we look at the condition of France. There a system of

government and of land tenure existed known as the Feudal System.

Under it the King was regarded as the owner of the entire realm. He

granted, with his royal protection, the use of portions of the land to

his chief men or nobles, with the privilege of building castles and of

establishing courts of justice on these estates. Such grants were

made on two conditions: (1) that the tenants should take part in the

King's Council; (2) that they should do military service in the King's

behalf, and furnish besides a certain number of fully armed horsemen

in proportion to the amount of land they had received. So long as

they fulfilled these conditionms--made under oath--they could retain

their estates, and hand them down to their children; but if they

failed to keep their oath, they forfeited the land to the King.

These great military barons or lords let out parts of their immense

manors,[2] or estates, on similar conditions,--namely (1) that their

vassals or tenants should pay rent to them by doing military or other

service; and (2) that they should agree that all questions concerning

their rights and duties should be tried in the lord's private

court.[3] On the other hand, the lord of the manor pledged himself to

protect his vassals.

[2] Manor (man'or): see plan of a manor (Old French manoir, "a

mansion") on page 75, the estate of a feudal lord. Every manor had

two courts. The most important of these was the "court baron." It

was composed of all the free tenants of the manor, with the lord (or

his representative) presiding. It dealt with civil cases only. The

second court was the "court customary," which dealt with cases

connected with villeinage. The manors held by the greater barons had

a third court, the "court leet," which dealt with criminal cases, and

could inflict the death penalty. In all cases the decisions of the

manorial courts would be pretty sure to be in the lord's favor. In

England, however, these courts never acquired the degree of power

which they did on the Continent.

[3] See note above, on the manor.

On every manor there were usually three classes of these tenants:

(1) those who discharged their rent by doing military duty; (2) those

who paid by a certain fixed amount of labor--or, if they preferred, in

produce or in money; (3) the villeins, or common laborers, who were

bound to remain on the estate and work for the lord, and whose

condition, although they were not wholly destitute of legal rights,

was practically not very much above that of slaves (S113).

But there was another way by which men might enter the Feudal System;

for while it was growing up there were many small free landholders,

who owned their farms and owed no man any service whatever. In those

times of constant civil war such men would be almost in daily peril of

losing, not only their property, but their lives. To escape this

danger, they would hasten to "commend" themselves to some powerful

neighboring lord. To do this, they pledged themselves to become "his

men," surrendering their farms to him, and received them again as

feudal vassals. That is, the lord bound himself to protect them

against their enemies , and they bound themselves to do "suit and

service"[1] like the other tenants of the manor; for "suit and

service" on the one side, and "protection" on the other, made up the

threefold foundation of the Feudal system.

[1] That is, they pledged themselves to do suit in the lord's private

court, and to do service in his army.

Thus in time all classes of society became bound together. At the top

stood the King, who was no man's tenant, but, in name at least, every

man's master; at the bottom crouched the villein, who was no man's

master, but was, in fact, the most servile and helpless of tenants.

Such was the condition of things in France. In England, however, this

system of land tenure was not completely established until after the

Norman Conquest, 1066; for in England the tie which bound men to the

King and to each other was originally one of pure choice, and had

nothing directly to do with land. Gradually, however, this changed;

and by the time of Edward the Confessor land in England had come to be

held on conditions so closely resembling those of France that one step

more--and that a very short one--would have made England a kingdom

exhibiting all the most dangerous features of French feudalism.

For, notwithstanding certain advantages,[2] feudalism had this great

evil: that the chief nobles often became in time more powerful than

the King. This danger now menaced England. For convenience Canute

the Dane had divided the realm into four earldoms. The holders of

these vast estates had grown so mighty that they scorned royal

authority. Edward the Confessor did not dare resist them. The

ambition of each earl was to get the supreme mastery. This threatened

to bring on civil war, and to split the kingdom into fragments.

Fortunately for the welfare of the nation, William, Duke of Normandy,

by his invasion and conquest of England, 1066, put an effectual stop

to the selfish schemes of these four rival nobles.

[2] On the Advantages of Feudalism, see S87.

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