The seignior, who never abdicated his sovereignty over his vassal,

sometimes interfered in certain essential modifications necessary to

the fief--modifications that the vassal was incompetent to undertake.

These gave rise to new rights, and became a fresh source of revenue

to the seignior. For instance, the seignior was entitled--first, to

the right of _relief_, a sum of money payable by every person of

full age who succeeded to the possession of a fief, which sum became

larger as the line of succession became less direct; secondly, to the

right of _alienation_, payable by those who sold or alienated

the fief in any way; thirdly, to the rights of _escheat_ and of

_confiscation_, in accordance with which the fief reverted to the

suzerain when the vassal died without leaving an heir, or when, from

some act of his own, he had incurred the penalty of being deprived of

his feudatory rights; fourthly, to the right of _guardianship_, in

virtue of which the seignior, during the minority of his vassals, held

the ward and administration of the fief besides enjoying its revenues;

fifthly, to the right of _marriage_, which consisted in finding

a husband for the female inheritor of a fief; this right gave the

seignior the privilege of forcing her to select one of the suitors that

he chose to present to her.

As long as a vassal scrupulously fulfilled his numerous and delicate

obligations he might consider himself as the absolute master of his

fief, he might partially or entirely sub-feudalise it, and become

in his own turn the suzerain of vassals of an inferior order termed

_vavasseurs_, who were bound to render to him the same obligations

that he himself paid to his own seignior. On the other hand, the

suzerain was bound to respect his contract, not to dispossess his

vassal without a legitimate motive, but to protect him, and to render

him on all occasions substantial justice. It was, moreover, to his

interest to do this, for the prosperity of the fief depended upon the

security and welfare of the vassal.

[Illustration: Fig. 13.--Act of Faith and Homage, with

the Legend, _Secretum meum mici_ (“My Secret is to

myself”).--Seal of Gérard de Saint-Amand, 1199, National Archives

of France.]

Vassals of the same suzerain, residing in the same territory, and

possessing fiefs of a similar value, were termed _pairs_

(_pares_), or equals. Suzerains of every rank, the king included,

had their _pairs_, and all could claim the privilege of being

tried by these _pairs_ in the presence of his immediate seignior.

If the seignior refused to act justly, and the vassal considered

himself unrighteously condemned, he had the right of making an appeal

in _default of justice_ to the suzerain of his own seignior.

Another right of appeal, that of arms, prevailed also in feudal

society. The nobles, as a rule, preferred to carry out their own

justice rather than await from others a slow and uncertain decision.

This was the cause of there being so many little wars and so many

desperate and bloody struggles between different seigniorships. Might

made right; but custom, nevertheless, to some extent regulated the

formalities that preceded these internecine conflicts, so that the

seignior or the vassal who was to be attacked might be forearmed,

and might put himself upon his guard (Figs. 14 and 15). Further, to

remedy as much as possible the calamities ensuing from these perpetual

contentions, the Church had the power of suspending and preventing

them, under pain of excommunication, from sunset on Wednesday to

sunrise on Monday during the festivals of Lent and Advent, and at all

periods of high religious solemnity. This was the _Peace_ or the

_Truce_ of God.

[Illustration: Fig. 14.--Château de la Panouze (Aveyron), type

of a French Feudal Castle of the Fourteenth Century, of which

remains still exist.--From a Miniature in a Manuscript in the

National Library of Paris.]

The seigniors possessed no right of uniform justice. In France, a

superior, a middle, and an inferior judicial court were recognised.

The first alone possessed the power of life and death. The more

considerable fiefs had usually attached to them the right to exercise

the highest justice, but there were exceptions to this rule. A

_vavasseur_, for instance, might sometimes appeal against this

highest justice, while a seignior, who was only entitled to exercise

the inferior justiciary rights, might inflict death on all robbers

caught _in flagrante delicto_ on his lands.

[Illustration: Fig. 15.--View overlooking the Castle of

Pierrefonds (beginning of the Fifteenth Century), as restored by

M. Viollet-le-Duc, in his “Dictionnaire d’Architecture.”]

The privilege of coining money, always a sure index of sovereignty,

together with the exclusion of all foreign jurisdiction and of all

external authority from the area of each fief, also constituted two

important prerogatives. Finally, the fief, with its privileges, always

remained intact; it passed invariably to the eldest of the family, on

the sole condition of his paying homage to the suzerain.

Most of the churches and abbeys, such as those of Saint-Denis, of

Saint-Martin des Champs, and of Saint-Germain des Prés (Fig. 16), which

proudly reared their towers and spires opposite the Louvre of the kings

of France, exercised on their own account all the feudal rights which

they had acquired by reason of the territorial possessions as well as

by the concessions lavishly ceded to them by their sovereigns. The

archbishops, the bishops, and the abbots thus became temporal lords,

and were consequently forced to have vassals for military service, to

keep up a court of justice, and to support a mint, thus uniting--in the

case of bishops who enjoyed the temporal rank of count--spiritual with

political authority.

[Illustration: Fig. 16.--View of the Abbey of Saint-Germain des

Prés, from the East, as it stood in 1361.--Fac-simile of an

Engraving in the “Histoire de Saint-Germain des Prés,” by Dom

Bouillard: in folio.

A, Road leading to the River Seine; B, St. Peter’s Chapel; C, the

Close; D, Road leading to the Pré-aux Clercs; E, Place of the

Breach; F, Ditch; G, the Pope’s Gate; H, Cloister; I, Refectory;

K, Dormitory; L, the Church; M, Chapel of the Virgin; N, Road

between the Ditch and the Pré-aux-Clercs; O, space between the

Barrier to the Rue des Ciseaux; P, Great Gate of the Monastery;

Q, Road to the River; R, Barrier close to the Ditch; S, the Inn

called the Chapeau Rouge; T, the Pillory.]

This twofold power made the prelate the suzerain of all the seigniors

in his diocese. Towards the end of the tenth century the feudal

ecclesiastics, by reason of the permission granted to laymen to

bequeath their property to the Church, as well as of the strictness

of the laws which forbade the alienation of ecclesiastical property,

possessed a fifth part of all French and English soil, and nearly a

third of Germany; whilst the last surviving Carlovingian could only

claim the town of Laon, where he resided, to such an extent had his

predecessors despoiled themselves of their lands in favour of their

great vassals, who still, however, recognised him as their suzerain.

In the eleventh century Europe was divided into a multitude of fiefs,

each having its own mode of life, its own laws, its own customs, and

its ecclesiastical or lay head, who was as independent as he well

could be. Around these, but under certain conditions of dependence

and of subordination, was developed the much more numerous class

of freedmen. Gradually manual labour and the efforts of a growing

intelligence led to the political existence of the bourgeois, those

worthy representatives of the labouring portion of society. The part

which was taken by the latter was not always of a passive character.

As early as the year 987 the villains of Normandy rebelled and leagued

themselves against their feudal lords, claiming the right of fishing

and of the chase, and the privilege of having an administration and

a magistracy of their own; it was thus that the innate power of the

people revealed itself: the towns and the boroughs were peopled with

inhabitants who held their homes in tenure from the seigniors--who

were the proprietors of the soil--under certain servile obligations as

to the payment of taxes. As soon as the establishment of the hierarchy

of fiefs had put an end to discord and anarchy, the germs of the Great

Revolution--destined to restore civil liberty to the heirs of the

countless inhabitants whom the misfortunes of Gaul and the tyranny of

the emperors had reduced to servitude--began to show themselves. It

was in this wise that the communal movement originated, and the town

of Mans is generally credited with having been the first to set the

example of having, through the agency of the working classes, conspired

against the seignior. We find in the annals of Metz, about the year

1098, record of the election for life of a _maître-échevin_

(high-sheriff), named Millon, in place of one, by name Hennolu-Bertin,

who had been elected for one year, but who, doubtless, was not the

first in his office. And we find an echevinal council, termed the

council of the twelve, enjoying functions at once magisterial,

administrative, and military. Metz possessed at the same time, by the

side of their communal organization, a count of the name of Gerald,

who was succeeded in 1063 by another count named Folmar. It had also

a bishop, rich, powerful, firm, full of learning, named Adalbéron, a

favourite both with the Pope and with the Emperor, influential enough

to obtain anything, but never asking anything but what was just. It

was, therefore, under the protection of the sword of the count and of

the crozier of the bishop that the municipal liberties of Metz began

to grow--liberties that became within a single century so developed

and powerful that Bertram, another bishop of Saxon origin, undertook

the task of restricting them, and endeavoured to regulate them by

a charter which restored to the Church its electoral but not its

governmental influence. This first communal organization, a type of

many other municipalities in France and in Germany, was inaugurated

without bloodshed. But this was not everywhere the case; at Cambrai,

for instance, the commune was only established after a century of open

warfare between the inhabitants and the bishop, their suzerain. At

Laon--that ancient feudal city where the nobility and the burgesses

engaged in all kinds of brigandage, where the bishop, who was a famous

warrior and huntsman, was in the habit of sharing with the dignitaries

of his cathedral and with the aristocracy of the town the fruit of

his exactions--the commune inaugurated itself with the blood of their

bishop, who was assassinated in the midst of a terrible insurrection.

The towns of Amiens, of Beauvais, of Noyon, of Saint-Quentin, of

Sens, of Soissons (Fig. 17), and of Vézelay, underwent nearly the

same vicissitudes that Cambrai and Laon had experienced, and finally

attained, after similar trials, a similar position. Perhaps Cambrai,

of all the French communes, was the most exacting towards the feudal

power that it was trampling under foot. “Ni l’évêque, ni l’Empereur, ne

peuvent mia asseoir ne taxe, ne tribut, et n’en peult issir la malice,

fors que pour la bonne garde et défense de la ville, et ce depuis coq

chantant jusques à la nuit.”[1] No vassal had ever claimed or obtained

more in the exercise of his feudal rights (Fig. 18).

[Illustration: Fig. 17.--Seal of the Commune of Soissons,

representing the Mayor of Soissons, armed at all points, in the

midst of the Sheriffs of the Town (1228).--National Archives of

France.]

The inauguration of the communal system had taken place without a

struggle, and almost without opposition, as a useful and necessary

reform at Metz, at Rheims, in a few midland towns, such as Bourges,

Moulins, Lyons, Périgeux, and in most of the southern cities, such

as Arles, Aigues-Mortes (Fig. 19), Marseilles, Narbonne, Cahors (Fig.

20), Carcassonne (Fig. 21), Nîmes, and Bordeaux. This was explained by

the fact that this independent action of the people had been prepared

by the system adopted by the Franks, who allowed no difference to

exist between the condition of the conquered and of the conquerors.

The rights they might enjoy and the duties they were to perform had

been equally shared amongst all the freedmen of the monarchy without

any distinction as to nationality; the Franks would have feared, had

they acted differently, that they were reserving for the sovereign the

possibility of using the oppressed nations as a weapon to overcome the

conquerors themselves, and that in this way they might be leaving a

loophole through which the monarchy might degenerate into despotism.

[Illustration: Fig. 18.--Thomas of Savoy, Count of Flanders, and

Joan his Wife, grant to the Town of Cambrai the Charter of Peace

made between the Counts of Hainaut and the Chapter of Cambrai in

1240.--Miniature from the “Chroniques de Hainaut,” Manuscript of

the Fifteenth Century (Burgundian Library, Brussels).]

Beyond the Alps, particularly in Lombardy, under the fostering

action of liberal institutions, commerce and manufactures developed

themselves, particularly at Milan, Pavia, Verona, and Florence; and in

a still higher degree, owing to their position on the sea-board, at

Venice and Genoa. In these rich and prosperous cities the seignorial

nobility and the Church reigned side by side, enjoying a nearly equal

and parallel influence, and when feudalism attempted to absorb them by

its inflexible despotism, the manufacturing and the commercial classes,

selecting as their leaders a few more prominent of the artisans and

some of the most respected of the clergy, allied themselves with the

lesser rural nobles, and, with the assistance of the latter’s vassals,

succeeded in repulsing its crushing yoke. This, however, was not

accomplished without tremendous struggles, nor without painful trials

and heavy sacrifices.

[Illustration: Fig. 19.--Fortified Gate of the Town of

Aigues-Mortes, which Town obtained in 1246 a Communal Charter

(Military Architecture of the Thirteenth Century).]

In the Low Countries, which had always so highly exalted the sentiment

of local patriotism, the struggle of the villains against the nobles,

whether lay or ecclesiastic, differed but little from the struggle

of the towns in the north of France against the seigniors, but it

assumed larger proportions in accordance with the immense resources

of every kind which they had at their disposal. The feudal lord

had his drawbridge, his battlements, and his men-at-arms cased in

iron; but his rebellious vassal could boast on his side, besides the

narrow and winding streets of his stronghold and the number of his

fellow-combatants, many warlike engines and well-made weapons which he

himself had manufactured. When feudalism, in order to crush what it

then termed the populace, summoned to its banner hordes of adventurers

recruited from all parts of the world, it was encountered by

undisciplined levies of armed mechanics and artisans, who issued forth

from Ghent, from Bruges, and from Liége, and not unfrequently returned

victorious.

[Illustration: Fig. 20.--Fortified Bridge, from Valentré to

Cahors (1308).]

[Illustration: Fig. 21.--Plan of the Fortified City of

Carcassonne (Thirteenth Century).]

Beyond the Meuse, the Moselle, and the Rhine, feudalism flourished.

Lofty fortresses, surrounded with a triple moat, everywhere cast

their shadows athwart the land, though the towns enjoyed a full share

of municipal liberty, and were not unfrequently the disinterested

spectators of the terrible struggles that the feudal nobility carried

on between themselves. Nowhere did feudalism display more arrogance or

more barbarity than in Germany, which resembled some vast camp to which

the nobles flocked to meet face to face in desperate combat.

When it came to pass that the industrial and populous towns of Germany

cried out for municipal liberties similar to those enjoyed by the

towns of France, Italy, and the Low Countries, the emperor hastened to

grant and confirm their desires. He did more, he gave them the right

of _immediate appeal_ against the princes of the empire--that

is to say, any towns situated in the territory of any prince were

responsible, not to the latter, but directly and immediately to the

emperor himself, who thus laid for himself the foundations of strong

natural supports in the very heart of the larger fiefs. The towns of

Germany, already rich and flourishing, increased their commerce and

their wealth, thanks to the new position they thus acquired.

The Emperor Henry V. greatly assisted this pacific revolution by

granting privileges to the lower class of citizens and to the artisans,

who up to that time had, according to the spirit of the Roman law,

lived apart from the freedmen and remained at the lowest degree of the

social scale. He relieved them, in particular, from the bondage of a

custom by virtue of which the seignior at their deaths became entitled

to all their personal property, or, at least, enjoyed the power of

claiming everything worth having which they had left behind them.

In many towns Henry V. deprived the bishop of his temporal authority,

and formed the burgesses into companies or guilds according to the

nature of their manual occupation, a custom that was immediately

imitated and adopted in other commercial countries. The bourgeoisie,

organized in this manner into distinct groups, soon elected councils

among themselves, the members of which, under the rule of _senators_,

_prud’hommes_, _bonshommes_, _echevins_, and _jurymen_, began by

assisting the representative of the imperial authority, whether

duke, count, judge, or bishop, and ended by exercising a special and

independent authority of their own, not over the vassals, but over

citizens and commoners.

It will be asked, what then was the commune which had established

itself with more or less effort and sacrifice in the principal parts of

Europe? and further, as the commune had succeeded in one way or another

in establishing itself, what privileges or immunities remained to the

feudal lord, whether clerical or lay? Guilbert de Nogent, the open

adversary of communal institutions, will perhaps give the best answer

to these inquiries: “Those who pay taxes now pay only once a year the

rent they owe to their seignior. If they commit some misdemeanour they

have at the most to pay a fine, the amount of which is legally fixed;

as for the moneys that were wont to be levied from the serfs, they are

now quite exempt from them.” Guilbert de Nogent might have indicated

other victories obtained by the bourgeois, victories that were still

more important in their moral influence, and which sooner or later were

destined to change the face of society. As for the more intelligent

seigniors who better understood their own personal interest, as well

as the logical results of a paternal administration, they attempted

to favour the instinctive movement of the rural populations, who,

to shield themselves from the tyranny, the exactions, and the bad

treatment of their feudal masters, were in the habit of seeking shelter

and protection from some lord more humane or more politic than the

rest, and who used, on the faith of a communal charter, to settle

beside the ramparts of some seignorial manor (Fig. 22), around some

loopholed church, or in the shade of some fortified monastery.

[Illustration: Fig. 22.--Seal of the Lord of Corbeil

(1196).--National Archives of France.]

The seignior in these cases was the gainer of so many able-bodied men,

either artisans or agriculturists, but soldiers in case of need; and he

was the gainer, moreover, in matters of revenue and influence.

It can easily be understood that in those times many charters were

drawn up similar to the following, which is worth quoting as a type:

“I, Henry, Count of Troyes, make known to all present and to come,

that I have established the undermentioned rules for the inhabitants

of my new town (in the neighbourhood of Pont-sur-Seine) between the

bridges of Pugny. Every man inhabiting the said town shall pay every

year twelve deniers and a measure of oats as the price of his dwelling,

and if he desires to hold a portion of land or meadow, he must pay

four deniers yearly for every acre. The houses, vines, and fields

may be sold or alienated at the pleasure of the holder. The men who

reside in the said town shall go neither to the _ost_ (an army

in the field), nor shall they join any expedition unless I myself am

at their head. I hereby allow them, moreover, to have six aldermen to

administer the ordinary business of the town and to assist my provost

in his duties. I have decreed that no seignior, be he knight or other,

shall be allowed to withdraw from the town any of the men inhabitants

for any reason whatsoever, unless such be his own men, or unless he

owe the seignior any arrears of taxes.--Given at Provins, in the year

of the Incarnation, 1175.” This name of _Ville-neuve_, which

is so often found repeated in the charters and deeds of the Middle

Ages, as, for example, Ville-neuve-l’Etang, Ville-neuve-Saint-George,

Ville-neuve-le-Roi, Ville-neuve-lez-Avignon, &c., is evidence of what

was an ordinary event in the twelfth century, namely, the creation of

a free town, enfranchised from its birth, and subject to some small

and insignificant payments to the seignior, and whose inhabitants,

but yesterday serfs or villains, were now proprietors of portions of

the soil, which they might dispose of or bequeath, either by gift or

by testamentary disposition, under the immediate protection of their

nominal seignior.

[Illustration: Fig. 23.--Ferrand of Portugal, Count of Flanders,

made Prisoner at the Battle of Bouvines, and taken to Paris:

“The Clergy and Laity singing Hymns and Songs.”--Fac-simile of

a Miniature in the “Chroniques de Hainaut,” Manuscript of the

Fifteenth Century (Burgundian Library, Brussels).]

Some ancient towns of the royal domains of France, such as Paris,

Orleans, Meaux, Senlis, and others, which do not seem to have preserved

the least trace of Roman institutions, always excepting the company

of the _Nautes Parisiennes_, who were the true founders of the

ancient municipality of Paris, were each governed by a provost, who

was the officer and lieutenant of the king, their seignior, and they

further enjoyed certain special liberties and privileges. In 1137,

Louis VII., at the suggestion of his minister, Suger, forbade his

provost and officers to annoy the burgesses in any manner whatsoever,

and fixed the amount of their taxation himself. Ten years later,

the same sovereign abolished the right of mortmain, repressed the

abuses of the fiscal taxes, instituted a judicial system, and greatly

encouraged commerce. It was not as king, but as seignior suzerain,

that Louis VII. acted in this manner. The French, bourgeoisie was

at this time of but recent origin; it had sprung from a triumphant

villanage, and was beginning to form a new branch, from which was to

issue, a few centuries later, the third estate. Legal jurisdiction and

the right of coinage, feudal privileges of which the royal suzerain

had always been very jealous, were favours it then but seldom enjoyed.

Philip-Augustus understood better than his predecessors the interests

of the royal power, for he graciously granted seventy-eight communal

charters; he was rewarded by the effectual assistance the communal

levies afforded him at the battle of Bouvines (1214), when he was

fortunate enough to overthrow the coalition that foreign feudalism

had formed with his rebellious great vassals. He forced the latter to

return to their duty, and one of them, the Count of Flanders, remained

twelve years a prisoner in the principal tower of the Louvre (Fig. 23).

Philip-Augustus had not shrunk from granting a legal constitution to

the bourgeoisie of Paris and the principal towns, in opposition to the

feudal nobility.

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