A Source Book for Mediæval History / Selected Documents illustrating the History of Europe in the Middle Age

by Oliver J. Thatcher; Edgar Holmes McNeal

M. G. LL. 4to, II, 1, no. 74.

5. If any man who holds a benefice of the king shall release his subject from going to war with him or shall refuse to allow him to go and fight with him, he shall lose his benefice.

7. Concerning the vassals of the emperor who serve him in the palace, and have benefices. It is decreed that those who remain at home with the emperor shall not keep their tenants with them, but shall let them go to war with the count of the county.

The name senior is used in Carolingian documents for the lord who has authority over dependent tenants and vassals. Notice in the two documents preceding that the subjects of a lord are bound to him by law, and that they go to war, not with the general levy under command of public officials, but with their fellows of the same lands under command of the senior.

209–228. The Feudal System in its Definite Form.

The elements already described became the system of society and government in the states which in the ninth and tenth centuries developed from the empire on its dissolution. The system gradually became settled and organized, the feudal kingship developed to give it a head, and it took the form recognized as the feudal system.

The features to be noticed are the relation of the vassal to his lord, the position of the king, and the economic organization of the land and the obligations of the cultivators to the landlords. The origin and growth of these features in the earlier age have been shown in nos. 180–208; it only remains to show how they were organized in the feudal age.

The vassal was bound to the lord of whom he held a benefice or fief by the oath of fidelity and homage. He also owed his lord certain services of noble character, the chief of which was military service. This was not perpetual service, but was limited by law or custom, usually consisting of 40 days’ active service, and a certain amount of guard in the castle of the lord or in the castle which the vassal held as a fief of the lord. Aids or money payments were also paid by vassals on certain occasions, such as the marriage of the lord’s oldest daughter, the knighting of the lord’s oldest son, and the captivity of the lord. The lord had also certain rights over his vassals, which were frequently commuted for money: wardship, the right of guardianship of minor heirs, and the management and use of the fiefs during the minority; marriage, the right to choose or be consulted in the choice of a husband for female holders of fiefs; relief, the right to exact a certain payment from the heir when he succeeded to a fief; escheat, the right of taking back the fief into his own possession upon the failure of heirs, etc. These rights and payments have their origin in the personal dependence of the vassal upon the lord. They were occasional and did not form a part of the regular income of the lord, although they might be worth considerable at times. The regular income of the lord came from his domain lands, the lands which were not let out in fief, but which were cultivated by tenants or serfs, and which supplied the lord with money, resources, and services.

The authority of the king in the feudal state was very limited. This was due chiefly to the fact that each lord exercised practically sovereign rights over his lands and dependents. The feudal king was in origin one of the great feudal lords (cf. in France, Hugh Capet, duke of Francia; and in Germany, Henry I, duke of Saxony), who was chosen by the great lords and became their overlord. He had the same rights on his own domains as any feudal lord, but had only the authority of an overlord over his great vassals. He had no direct control over the vassal of his vassal, but could reach such an one only indirectly through that person’s immediate superior. The holders of great domains exercised not only jurisdiction over the tenants on their lands, but possessed also other sovereign rights, such as the right of coinage, of collecting tolls and taxes, etc.

The basis of the economic life of the feudal age was the cultivation of land. Commerce, trade, and organized industry did of course exist during the Middle Age, but they were non-feudal in spirit and grew up outside of and in spite of feudalism. Land was organized in domains or estates, containing each a group of cultivators forming a community or little village. These cultivators held their land from the landlord on very complex terms of rent and services. Rents were paid in money or in a portion of the produce of the land. In each village the lord had a house, and a farm (manor-farm or head farm) which was worked by personal serfs and by the services owed by tenants. Aside from rents and services the lord possessed certain rights over his tenants, which were a source of revenue. The chief of these were: justice, the right to hold courts on his lands for the trial of cases arising among the tenants, and to levy and collect the fines; banalities (banvin, etc.); the right to sell his own wine, grain, etc., a certain number of days before the tenants could sell theirs (this he frequently released for a certain tax); the rights of market, mill, bake-oven, etc., which were owned by the lord, and from which he received tolls (these were frequently let out to other persons for an annual rent). A great lord, as a count or duke, would own a great many such domains, and would have a house or castle and farm in each one, and an agent or representative to care for his interests in the domain. Nobles of the lowest rank, as the knight or chatelain, might own only two or three, or even a single domain.