Outlines of Universal History, Designed as a Text-book and for Private Reading

by George Park Fisher

THE FEUDAL SYSTEM.

ORIGIN OF FEUDALISM.—When the Franks conquered Gaul, they divided the land among themselves. This estate each free German held as allodial property, or as a free-hold. The king took the largest share. His palaces were dwellings connected with large farms or hunting-grounds, and he went with his courtiers from one to another. To his personal followers and officers he allotted lands. These benefices, it seems, were granted at first with the understanding that he might resume them at will. As holders of them, the recipients owed to him personal support. Other chiefs, and land-owners of a minor grade, took the same course. This was the germ of feudalism. More and more it grew to be the characteristic method of living and of government in Western Europe after the fall of Charlemagne's empire. The inheritors of his dominion were not the kings of France, of Germany, or of Italy, but the numerous feudal lords. Against the invasions of the Norman, Saracen, and Hungarian plunderers, the kings and the counts proved themselves incapable of defending territory or people. Meantime, the principle of heredity—the principle that benefices should go down from father to son, or to the next heir—had gained a firm footing. Another fact was that the royal offices became hereditary, and were transmitted to the heirs of allodial property. Thus the exercise of government and the possession of land were linked together. In times of danger, small proprietors more and more put themselves under the protection of the richer and stronger: that is, allodial property became feudal. This custom had begun long before, in the decadence of the Roman empire, when not only poor freemen, but also men of moderate means, ruined by taxation, put themselves under the protection of the great, and settled on their lands. They became thus colons (coloni). In the later times of disorder of which we are now speaking, farmhouses in the country gave place to fortified castles on hill-tops or other defensible sites, about which clustered in villages the dependents of the lord, who tilled his land, fought for him, and, in turn, were protected by him.

THE SUBSTANCE OF FEUDALISM.—"Feudality recognizes two principles, the land and the sword, riches and force,—two principles on which every thing depends, to which every thing is related, and which are united and identified with one another; since it is necessary to possess land in order to have the right to use the sword in one's own name (that is to say, to have the right of private war), and since the possession of land imposes the duty of drawing the sword for the suzerain, and in the name of the suzerain of whom the land is held." Feudalism is a social system in which there is a kind of hierarchy of lands in the hands of warriors, who hold of one another in a gradation. There is a chain reaching up from the tower of the simple gentleman to the royal chateau, or castle. In this social organization, there are the two grand classes of the seigneurs and the serfs; but the seigneur, even if he be a king, may also hold fiefs as a vassal.

SUZERAIN AND VASSAL.—The suzerain and the vassal, or liege, were bound together by reciprocal obligations. The vassal owed (1) military service on the demand of the lord; (2) such aid as the suzerain called for in the administration of justice within his jurisdiction; (3) other aids, such as, when he was a prisoner, to pay the ransom for his release; and pecuniary contributions when he armed his eldest son, and when he married his eldest daughter. These were legal or required aids. They took the place of taxation in modern states. There were other things that the vassal was expected to do which were gracious or voluntary. If the liege died without heirs, or forfeited the fief by a violation of the conditions on which it was held, it reverted to the lord. The liege was invested with the fief. He knelt before the suzerain, put his hands within the hands of the suzerain, and took an oath to be his man. This was homage,—from homo in the Latin, and homme in French, signifying man. The suzerain might at any time require its renewal. Under the feudal system, every thing was turned into a fief. The right to hunt in a forest, or to fish in a river, or to have an escort on the roads, might be granted as a fief, on the condition of loyalty, and of the homage just described.

PRIVATE WAR.—The vassal had the right to be tried by his peers; that is, by vassals on the same level as himself. He might, if treated with injustice, go to the superior: he might appeal to the suzerain of his immediate lord. But suzerains preferred to take justice into their own hands. Hence the custom of private war prevailed, and of judicial combats, or duels, so common in the middle ages.

ENTANGLEMENTS OF FEUDALISM.—Many suzerains were mutually vassals, each holding certain lands of the other. The same baron often held lands of different suzerains, who might be at war with each other, so that each required his service. The sovereign prince might be bound to do homage to a petty feudal lord on account of lands which the prince had inherited or otherwise acquired. The power of the suzerain depended on a variety of circumstances. The king might be weak, since feudalism grew out of the overthrow of royal power. The king of France, with the exception of titular prerogatives and some rights with regard to churches, which were often disputed, had no means of attack or defense beyond what the duchy of France furnished him. Yet logically and by a natural tendency, the king was the supreme suzerain. "Feudalism carried hid in its bosom the arms by which it was one day to be struck down."

ECCLESIASTICAL FEUDALISM.—The clergy were included in the feudal system. The bishop was often made the count, and, as such, was the suzerain of all the nobles in his diocese. Cities were often under the suzerainty of bishops. Besides their tithes, the clergy had immense landed possessions. The abbots and bishops often availed themselves of the protection of powerful vassals, of whom they were the suzerains. On the other hand, bishops, who were also themselves dukes or counts, sometimes did homage for their temporalities to lay suzerains, especially to the king. In France and in England, in the middle ages, the feudal clergy possessed a fifth of all the land; in Germany, a third. The church, through bequests of the dying and donations from the living, constantly increased its possessions. It might be despoiled, but it could defend itself by the terrible weapon of excommunication.

SERFS AND VILLAINS.—In the eleventh century Europe was thus covered with a multitude of petty sovereigns. Below the body of rulers, or the holders of fiefs, was the mass of the people. These were the serfs,—the tillers of the ground, who enjoyed some of the privileges of freemen, and who, since they were attached to the seigneurie, could not be sold as slaves. The villains were a grade above the serfs. The term (from villæ) originally meant villagers. They paid rent for the land which the proprietor allowed them to till; but they were subject, like the serfs, to the will of the suzerain; and the constant tendency was for them to sink into the inferior condition. Slavery, as distinguished from serfdom, gradually passed away under the emancipating spirit fostered by Christianity and the Church.

THE INHERITANCE OF FIEFS.—At first the Salic principle, which excluded females from inheriting fiefs, prevailed. But that gave way, and daughters were preferred in law to collateral male relatives. When a female inherited, the fief was occupied by the suzerain up to the time of her marriage. It never ceased to be under the protection of the sword. In France, the right of primogeniture was established, but with important qualifications, which varied in different portions of the country. The eldest, however, always had the largest portion. In Germany, the tendency to the division of fiefs was more prevalent. Among the Normans in England, and under their influence in Palestine, the law of inheritance by the eldest was established in its full rigor.

SPIRIT OF FEUDALISM.—Feudalism had more vitality than the system of absorbing all the land by a few great proprietors, which existed in the period of the decline of the Roman Empire. Individuality, courage, the proud sense of belonging to an aristocratic order, were widely diffused among the numerous feudal landowners. The feeling of loyalty among them was a great advance upon the blind subjection of the slave to his master. But the weight of feudalism was heavy on the lower strata of society. The lord was an autocrat, whose will there was neither the power nor the right to resist, and who could lay hold of as much of the labor and the earnings of the subject as he might choose to exact. The petty suzerain, because his needs were greater, was often more oppressive than the prince. The serf could not change his abode, he could not marry, he could not bequeath his goods, without the permission of his lord.