CHAPTER XVIII

FEUDAL SOCIETY

_Feudalism a Transition of Social Order_.--Feudalism represents a

change from the ancient form of imperialism to the newer forms of

European government. It arose out of the ruins of the Roman system as

an essential form of social order. It appears to be the only system

fitted to bring order out of the chaotic conditions of society, but by

the very nature of affairs it could not long continue as an established

system. It is rather surprising, indeed, that it became so universal,

for every territory in Europe was subjected to its control in a greater

or less degree. Frequently those who were forced to adopt its form

condemned its principle, and those who sought to maintain the doctrine

of Roman imperialism were subjected to its sway. The church itself,

seeking to maintain its autocracy, came into direct contact with feudal

theory and opposed it bitterly. The people who submitted to the yoke

of personal bondage which it entailed hated the system. Yet the whole

European world passed under feudalism. But notwithstanding its

universality, feudalism could offer nothing permanent, for in the

development of social order it was forced to yield to monarchy,

although it made a lasting influence on social life and political and

economic usage.

_There Are Two Elementary Sources of Feudalism_.--The spirit of

feudalism arises out of the early form of Teutonic social life. It

sprang from the personal obligation of the comitatus, which was

composed of a military leader and his followers or companions. The

self-constituted assembly elected the leader who was most noted for

courage and prowess in battle. To him was consigned the task of

leading in battle the host, which was composed of all the freemen in

arms. Usually {295} these chiefs were chosen for a single campaign,

but it not infrequently happened that their leadership was continuous,

with all the force of hereditary selection.

Another phase of the comitatus is represented by the leader's setting

forth in time of peace with his companions to engage in fighting,

exploiting, and plunder on his own account. The courageous young men

of the tribe, thirsting for adventure in arms, gathered about their

leader, whom they sought to excel in valor. He who was bravest and

strongest in battle was considered most honorable. The principal

feature to be noted is the personal allegiance of the companions to

their leader, for they were bound to him with the closest ties. For

the service which they rendered, the leader gave them sustenance and

also reward for personal valor. They sat at his table and became his

companions, and thus continually increased his power in the community.

This custom represents the germ of the feudal system. The leader

became the lord, the companions his vassals. When the lord became a

tribal chief or king, the royal vassals became the king's thegns, or

represented the nobility of the realm. The whole system was based upon

service and personal allegiance. As conquest of territory was made,

the land was parcelled out among the followers, who received it from

the leader as allodial grants and, later, as feudal grants. The

allodial grant resembled the title in fee simple, the feudal grant was

made on condition of future service.

The Roman element of feudalism finds its representation in clientage.

This was a well-known institution at the time of the contact of the

Romans with their invaders. The client was attached to the lord, on

whom he depended for support and for representation in the community.

Two of the well-known feudal aids, namely, the ransom of the lord from

captivity and the gift of dowry money on the marriage of his eldest

daughter, are similar to the services rendered by the Roman client to

his lord.

The personal tie of clientage resembled the personal {296} allegiance

in the comitatus, with the difference that the client stood at a great

distance from the patron, while in the comitatus the companions were

nearly equal to their chief. The Roman influence tended finally to

make the wide difference which existed between the lord and vassal in

feudal relations. Other forms of Roman usage, such as the institution

of the _coloni_, or half-slaves of the soil, and the custom of granting

land for use without actual ownership, seem to have influenced the

development of feudalism. Without doubt the Roman institutions here

gave form and system to feudalism, as they did in other forms of

government.

_The Feudal System in Its Developed State Based on Land-Holding_.--In

the early period in France, where feudalism received its most perfect

development, several methods of granting land were in vogue. First,

the lands in the immediate possession of the conquered were retained by

them on condition that they pay tribute to the conquerors; the wealthy

Romans were allowed to hold all or part of their large estates.

Second, many lands were granted in fee simple to the followers of the

chiefs. Third was the beneficiary grant, most common to feudal tenure

in its developed state. By this method land was granted as a reward

for services past or prospective. The last method to be named is that

of commendation, by which the small holder of land needing protection

gave his land to a powerful lord, who in turn regranted it to the

original owner on condition that the latter became his vassal. Thus

the lands conquered by a chief or lord were parcelled out to his

principal supporters, who in turn regranted them to those under them,

so that all society was formed in a gradation of classes based on the

ownership of land. Each lord had his vassal, every vassal his lord.

Each man swore allegiance to the one next above him, and this one to

his superior, until the king was reached, who himself was but a

powerful feudal lord.

As the other forms and functions of state life developed, feudalism

became the ruling principle, from which many strove in vain to free

themselves. There were in France, in the time {297} of Hugh Capet,

according to Kitchen, "about a million of souls living on and taking

their names from about 70,000 separate fiefs or properties; of these

about 3,000 carried titles with them. Of these again, no less than a

hundred were sovereign states, greater or smaller, whose lords could

coin money, levy taxes, make laws, and administer their own

justice."[1] Thus the effect of feudal tenure was to arrange society

into these small, compact social groups, each of which must really

retain its power by force of arms. The method gave color to monarchy,

which later became universal.

_Other Elements of Feudalism_.--Prominent among the characteristics of

feudalism was the existence of a close personal bond between the

grantor and the receiver of an estate. The receiver did homage to the

grantor in the form of oath, and also took the oath of fealty. In the

former he knelt before the lord and promised to become his man on

account of the land which he held, and to be faithful to him in defense

of life and limb against all people. The oath of fealty was only a

stronger oath of the same tenor, in which the vassal, standing before

the lord, appealed to God as a witness. These two oaths, at first

entirely separate, became merged into one, which passed by the name of

the oath of fealty. When the lord desired to raise an army he had only

to call his leading vassals, and they in turn called those under them.

When he needed help to harvest his grain the vassals were called upon

for service.

Besides the service rendered, there were feudal aids to be paid on

certain occasions. The chief of these were the ransom of the lord when

captured, the amount paid when the eldest son was knighted, and the

dowry on the marriage of the eldest daughter. There were lesser feudal

taxes called reliefs. Of these the more important were the payment of

a tax by the heir of a deceased vassal upon succession to property,

one-half year's profit paid when a ward became of age, and the right to

escheated lands of the vassal. The lord also had the right to land

forfeited on account of certain heinous crimes. {298} Wardship

entitled the lord to the use of lands during the minority of the ward.

The lord also had a right to choose a husband for the female ward at

the age of fourteen; if she refused to accept the one chosen, the lord

had the use of her services and property until she was twenty-one.

Then he could dispose of her lands as he chose and refuse consent for

her to marry. These aids and reliefs made a system of slavery for

serfs and vassals.

_The Rights of Sovereignty_.--The feudal lord had the right of

sovereignty over all of his own vassal domain. Not only did he have

military sovereignty on account of allegiance of vassals, but political

sovereignty also, as he ruled the assemblies in his own way. He had

legal jurisdiction, for all the courts were conducted by him or else

under his jurisdiction, and this brought his own territory completely

under his control as proprietor, and subordinated everything to his

will. In this is found the spirit of modern absolute monarchy.

_The Classification of Feudal Society_.--In France, according to Duruy,

under the perfection of feudalism, the people were grouped in the

following classes: First, there was a group of Gallic or Frankish

freemen, who were obliged to give military service to the king and give

aids when called upon. Second, the vassals, who rendered service to

those from whom they held their lands. Third, the royal vassals, from

whom the king usually chose his dukes and counts to lead the army or to

rule over provinces and cities. Fourth, the _liti_, who, like the

Roman _coloni_, were bound to the soil, which they cultivated as

farmers, and for which they paid a small rent. Finally, there were the

ordinary slaves. The character of the _liti_, or _glebe_, serfs varied

according to the degree of liberty with which they were privileged.

They might have emancipation by charter or by the grant of the king or

the church, but they were never free. The feudal custom was binding on

all, and no one escaped from its control. Even the clergy became

feudal, there being lords and vassals within the church. Yet the

ministry, in their preaching, recognized the opportunity of {299}

advancement, for they claimed that even a serf might become a bishop,

although there was no great probability of this.

_Progress of Feudalism_.--The development of feudalism was slow in all

countries, and it varied in character in accordance with the condition

of the country. In England the Normans in the eleventh century found

feudalism in an elementary state, and gave formality to the system. In

Germany feudalism was less homogeneous than in France. It lacked the

symmetrical finish of the Roman institutions, although it was

introduced from French soil through overlordship and proceeded from the

sovereign to the serf, rather than springing from the serf to the

sovereign. It varied somewhat in characteristics from French

feudalism, although the essentials of the system were not wanting. In

the Scandinavian provinces the Teutonic element was too strong, and in

Spain and Italy the Romanic, to develop in these countries perfect

feudalism. But in France there was a regular, progressive development.

The formative period began in Caesar's time and ended with the ninth

century.

This was followed by the period of complete domination and full power,

extending to the end of the thirteenth century, at the close of which

offices and benefices were in the hands of the great vassals of Charles

the Bald. Then followed a period of transformation of feudalism, which

extended to the close of the sixteenth century. Finally came the

period of the decay of feudalism, beginning with the seventeenth

century and extending to the present time. There are found now, both

in Europe and America, laws and usages which are vestiges of the

ancient forms of feudalism, which the formal organization of the state

has failed to eradicate.

The autocratic practice of the feudal lord survived in the new monarch,

and, except in the few cases of constitutional limitation, became

imperialistic. The Prussian state, built upon a military basis,

exercised the rights of feudal conquest over neighboring states. After

the war with Austria, Prussia exercised an overlordship over part of

the smaller German {300} states, with a show of constitutional liberty.

After the Franco-Prussian War of 1870, the German Empire was formed,

still with a show of constitutional liberty, but with the feudal idea

of overlordship dominant. Having feudalized the other states of

Germany, Prussia sought to extend the feudal idea to the whole world,

but was checked by the World War of 1914.

_State of Society Under Feudalism_.--In searching for the effects of

feudalism on human progress, the family deserves our first

consideration. The wife of the feudal lord and her equal associates

were placed on a higher plane. The family in no wise represented the

ancient patriarchal family nor the modern family. The head of the

family stood alone, independent of every form of government. He was

absolute proprietor of himself and of all positions under him. He was

neither magistrate, priest, nor king, nor subordinate to any system

except as he permitted. His position developed arbitrary power and

made him proud and aristocratic. With a few members of his family, he

lived in his castle, far removed from serfs and vassals. He spent his

life alternately in feats of arms or in systematic idleness. Away from

home much of the time, fighting to defend his castle or obtain new

territory, or engaging in hunting, while the wife and mother cared for

the home, he developed strength and power.

It was in the feudal family that woman obtained her position of honor

and power in the home. It was this position that developed the

chivalry of the Middle Ages. The improvement of domestic manners and

the preponderance of home society among the few produced the moral

qualities of the home. Coupled with this was the idea of nobility on

one side, and the idea of inheritance on the other, which had a

tendency to unify the family under one defender and to perpetuate the

right and title to property of future generations. It was that benign

spirit which comes from the household in more modern life, giving

strength and permanence to character.

While there was a relation of common interest between the {301}

villagers clustered around the feudal castle, the union was not

sufficient to make a compact organization. Their rights were not

common, as there was a recognized superiority on one hand and a

recognized inferiority on the other. This grew into a common hatred of

the lower classes for the upper, which has been a thousand times

detrimental to human progress. The little group of people had their

own church, their own society. Those who had a fellow-feeling for them

had much influence directly, but not in bridging over the chasm between

them and the feudal lord. Feudalism gave every man a place, but

developed the inequalities of humanity to such an extent that it could

not be lasting as a system. Society became irregular, in which extreme

aristocracy was divorced from extreme democracy. Relief came slowly,

through the development of monarchy and the citizenship of the modern

state. It was a rude attempt to find the secret of social

organization. The spirit of revolt of the oppressed lived on

suppressed by a galling tyranny.

To maintain his position as proprietor of the soil and ruler over a

class of people treated as serfs required careful diplomacy on the part

of the lord, or else intolerant despotism. He usually chose the

latter, and sought to secure his power by force of arms. He cared

little for the wants or needs of his people. He did not associate with

them on terms of equality, and only came in contact with them as a

master meets a servant. Consulting his own selfish interest, he made

his rule despotic, and all opposition was suppressed with a high hand.

The only check upon this despotism was the warlike attitude of other

similar despotic lords, who always sought to advance their own

interests by the force of arms. Feudalism in form of government was

the antithesis of imperialism, yet in effect something the same. It

substituted a horde of petty despots for one and it developed a petty

local tyranny in the place of a general despotism.

_Lack of Central Authority in Feudal Society_.--So many feudal lords,

each master of his own domain, contending with one {302} another for

the mastery, each resting his course on the hereditary gift of his

ancestors, or, more probably, on his force of armed men and the

strength of his castle, made it impossible that there should be any

recognized authority in government, or any legal determination of the

rights of the ruler and his subjects. Feudal law was the law of force;

feudal justice the right of might. Among all of these feudal lords

there was not one to force by will all others into submission, and thus

create a central authority. There was no permanent legislative body,

no permanent judicial machinery, no standing army, no uniform and

regular system of taxation. There could be no guaranty to permanent

political power under such circumstances.

There was little progress in social order under the rule of feudalism.

Although we recognize that it was an essential form of government

necessary to control the excesses of individualism; although we realize

that a monarchy was impossible until it was created by an evolutionary

process, that a republic could not exist under the irregularity of

political forces, yet it must be maintained that social progress did

not exist under the feudal regime. There was no unity of social

action, no co-operation of classes in government. The line between the

governed and the governing, though clearly marked at times, was an

irregular, wavering line. Outside of the family life--which was

limited in scope--and of the power of the church--which failed to unify

society--there was no vital social growth.

_Individual Development in the Dominant Group_.--Feudalism established

a strong individualism among leaders, a strong personality based on

sterling intellectual qualities. It is evident that this excessive

individual development became very prominent in the later evolution of

social order, and is recognized as a gain in social advancement.

Individual culture is essential to social advancement. To develop

strong, independent, self-reliant individuals might tend to produce

anarchy rather than social order, yet it must eventually lead to the

latter; and so it proved in the case of feudalism, for its very {303}

chaotic state brought about, as a necessity, social order. But it came

about through survival of the fittest, in conquest and defense. Nor

did the most worthy always succeed, but rather those who had the

greatest power in ruthless conquest. Unity came about through the

unbridled exercise of the predatory spirit, accompanied by power to

take and to hold.

This chaotic state of individualistic people was the means of bringing

about an improvement in intellectual development. The strong

individual character with position and leisure becomes strong

intellectually in planning defense and in meditating upon the

philosophy of life. The notes of song and of literature came from the

feudal times. The determination of the mind to intellectual pursuits

appeared in the feudal regime, and individual culture and independent

intellectual life, though of the few and at the expense of the

majority, were among the important contributions to civilization.

SUBJECTS FOR FURTHER STUDY

1. What was the basis of feudal society?

2. What elements of feudalism were Roman and what Teutonic?

3. What service did feudalism render civilization?

4. Show that feudalism was transition from empire to modern

nationality.

5. How did feudal lords obtain titles to their land? Give examples.

6. What survivals of feudalism may be observed in modern governments?

7. When King John of England wrote after his signature "King of

_England_," what was its significance?

8. How did feudalism determine the character of monarchy in modern

nations?

[1] _History of France_.

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History of Human Society · 第 18 / 28 章