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 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 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 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. 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.