Charles George Crump

“ The struggle against Northmen, Magyars and Slavs gave a crowning touch to the process of localization of political life and of the aristocratic constitution of society.
In order to describe the full-grown continental manor of the 11th century it is better to take French examples than German, Italian or Spanish. Feudalism in France attained the greatest extension and utmost regularity, while in other European countries it was hampered and intermixed with other institutional features. ”

“ During the last centuries of its existence the Western Empire became more and more a conglomerate of barbaric and half-civilized populations, and it is not strange that the characteristic germs of feudalism began to show themselves within its territory as well as outside it. As far as political institutions are concerned, we notice that the central power, after claiming an absolute sway over its subjects, is obliged more and more to lean on private forces in order to maintain itself. ”

“ It would seem to have become the law that to the existence of the manor two courts were necessary—a court customary for customary tenants, and a court baron for free tenants. In the court customary the lord’s steward is the judge; in the court baron the freeholders are the judges. If the freeholders in the manor diminish to less than two in number the court baron cannot be held, and the manor perishes. ”

“ It was assumed by French feudal law that in all cases when land was granted by a seigneur in subinfeudation the recipients would be bound to appear as members of a court of tenants for the settlement of conflicts in regard to land. A third source may be traced in the extension of the patrimonial justice of a person over his serfs and personal dependents to the classes of free and half-free population connected with the seigneurie in one way or another. There arose in consequence of these assumptions of jurisdiction a most bewildering confusion of tribunals and judicial rights. ”

“ The struggle of the military aristocracy and of ecclesiastical institutions with common freedom was more protracted than in France or England; the lordships very often took the shape of disparate rights over holdings and groups of population scattered over wide tracts of country and intermixed with estates and inhabitants subjected to entirely different authority. ”

“ There were also certain meadows for supplying hay; and beyond the cultivated land lay the wood and waste of the manor. Portions of arable or meadow land might be found apart from the organization of the remainder; the lord of the manor might have a park, and each householder a garden, but the land of the manor was the open fields, the meadows and the wastes or common. The condition of the inhabitants of such a manor is as complex as its geography. At the head of the society came the lord of Rights of Lord and Tenants. ”

“ Great estates with political functions, populations subjected to the political lordship of landowners, appear in the closing centuries of the empire, and have to be reckoned with as precursors of medieval manorial life. The original organization of the ancient world was built up on the self-government of cities and on the sharp distinction between citizens and slaves. ”

“ They contain a home-farm, with a court and a casa indominicata, or manor-house, some holdings (mansi) of free men (ingenuiles) , of serfs (serviles) , and perhaps of half-free people (lidiles) . The rents and services of this dependent population are stated in detail, as in later custumals, and there is information about the agricultural implements, the stores and stock on the home-farm. Thus the economic basis of the manor exists in more or less complete order, but it cannot be said as yet to form the prevailing type of land tenure in the country. ”

“ Self-government was atrophied by bureaucratic interference; the economy based on the exploitation of slaves began to give way before relations in which the elements of freedom and serfdom were oddly mixed. ”

“ Below the lord and the free tenants came the villeins, natives, bondmen, or holders of virgates or yard-lands, each holding a house, a fixed number of acre strips, a share of the meadow and of the profits of the waste. The number of strips so held was usually about thirty; but virgates of fifteen acres or even eighty are not unknown. In any one manor, however, the holdings of all the villeins were equal. Rights of Villeins. Normally the holder of a virgate was unfree; he had no rights in the eye of the law against his lord, who was protected from all suits by the exceptio villenagii ”

“ Apart from jurisdictional profits, rents and agricultural services, dues of all kinds are exacted from the rural population. Some of these dues have to be traced to servile origins, although they were evidently gradually extended to groups of people who were not descended from downright serfs but had lapsed into a state of considerable subjection. The main morte of rustic tenants meant that they had no goods of their own, but held movable property on sufferance without the right of passing it on to their successors. ”

“ The aristocratic superiority of warriors over all classes engaged in base peaceful work was also deeply engraved in the minds of the fighting and conquering tribes. On the other hand the downfall of complicated forms of civilization and civil intercourse rendered necessary a kind of subjection in which tributary labourers were left to a certain extent to manage their own affairs. ”

“ Another class of inhabitants remains to be mentioned—the Cotters. cotters. These are the poor of the manor, who hold a cottage and garden, or perhaps one acre or half an acre in the fields. They were unfree in condition, and in most manors their services were modelled upon those of the villeins. From their ranks were usually drawn the shepherd of the manor, the bee-keeper and other minor officials of the manor.
A complicated organization necessarily involves administrators. Just as the services of the tenants and even their names vary from manor to manor, so does the nature of the staff. ”

“ Founded partly on express grants of franchises, partly on the inherent right of a feudal lord to hold a court for his free tenants, partly on the obscure community traceable among the unfree inhabitants of the manor, it is incapable of strict legal definition. ”

“ As a matter of fact, sons were admitted to inheritance after their fathers, and sometimes succession was extended to other relatives, but the person taking inheritance paid a heavy fine for entering into possession, or gave up a horse, an ox, or some other especially valuable piece of property. ”

“ Nor are signs of a convergent evolution wanting on the economic side. Slaves are used more and more as small householders provided with rural tenements and burdened with rents and services. Free peasant farmers holding by free agreement get more and more reduced to a status of half-free settlers occupying their tenancies on the strength of custom and traditional ascription to the glebe. ”

“ Holdings of independent free men and village organizations of ancient type still surround the great estates, and in the case of ecclesiastical possessions we are often in a position to watch their gradual extension at the expense of the neighbouring free settlers, by way of direct encroachment, and by that of surrender and commendation on the part of the weaker citizens. ”

“ But the villeins were not without their own officer, the provost or reeve. His duty was to arrange the distribution of the services due from the tenants, and, as their representative, to assist the bailiff in the management of the manor. Sometimes the same man appears to have united both offices, and we find the reeve accounting to the lord for the issues of the manor. ”