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 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 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 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 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.