George Burton Adams

“ When conditions so changed that government could free itself from its dependence on the baron, feudalism disappeared as the organization of society; when a professional class arose to form the judiciary, when the increased circulation of money made regular taxation possible and enabled the government to buy military and other services, and when better means of intercommunication and the growth of common ideas made a wide centralization possible and likely to be permanent. ”

“ Great diversity prevailed everywhere, and we should not be surprised to find some different fact or custom in every lordship. Anglo-Norman feudalism attained a logical completeness and a uniformity of practice which, in the feudal age proper, can hardly be found elsewhere through so large a territory; but in Anglo-Norman feudalism the exception holds perhaps as large a place as the regular, and the uniformity itself was due to the most serious of exceptions from the feudal point of view—centralization under a powerful monarchy. ”

“ In the days of the decaying empire and of the chaotic German settlement, the weak freeman, the small landowner, was exposed to attack in almost every relation of life and on every side. The protection which normally it is the business of government to furnish he could no longer obtain. ”

“ The other is the already existing institutions which began to be transformed to meet the new needs. In studying the origin and growth of political feudalism, the distinction is easy to make. The all-prevailing need of the later Roman and early medieval society was protection—protection against the sudden attacks of invading tribes or revolted peasants, against oppressive neighbours, against the unwarranted demands of government officers, or even against the legal but too heavy exactions of the government itself. ”

“ Not that the age of growth was really over. Feudal history was always a becoming, always a gradual passing from one stage to another, so long as feudalism continued to form the main organization of society. ”

“ The heiress must marry as the lord wished, because he had a right to know that the holder of the fief could meet the obligations resting upon it. Both wardship and marriage were, however, valuable rights which the lord could exercise himself or sell to others. These were by no means the only rights and duties which could be described as existing in feudalism, but they are the most characteristic, and on them, or some of them, as a foundation, the whole structure of feudal obligation was built, however detailed. ”

“ Precarium and patrocinium easily passed from the Roman empire to the Frankish kingdom, and became as firmly rooted in the new society as they had ever been in the old. Up to this point we have seen only the small landowner and the landless man entering into these relations. Feudalism could not be established, however, until the great of the land had adopted them for themselves, and had begun to enter the clientage of others and to hold lands by the precarium tenure. ”

“ To understand the feudal state it is essential to make clear to one’s mind that all sorts of services, which men ordinarily owe to the public or to one another, were translated into a form of rent paid for the use of land, and defined and enforced by a private contract. In every feudal country, however, something of the earlier conception survived. ”

“ He must seek protection elsewhere wherever he could get it, and pay the price demanded for it. This is the great social fact—the failure of government to perform one of its most primary duties, the necessity of finding some substitute in private life—extending in greater or less degree through the whole formative period of feudalism, which explains the transformation of institutions that brought it into existence. Similar conditions have produced an organization which may be called feudal, in various countries, and in widely separated periods of history. ”

“ The most important public function whose transformation into a private possession was assisted by the growth of the immunity was the judicial. This process had probably already begun in a small way in the growth of institutions which belong to the economic side of feudalism, the organization of agriculture on the great estates. Even in Roman days the proprietor had exercised a jurisdiction over the disputes of his unfree tenants. ”

“ The chief of these are the following: the relation of vassal and lord; the principle that every holder of land is a tenant and not an owner, until the highest rank is reached, sometimes even the conception rules in that rank; that the tenure by which a thing of value is held is one of honourable service, not intended to be economic, but moral and political in character; the principle of mutual obligations of loyalty, protection and service binding together all the ranks of this society from the highest to the lowest ”

“ In time the private lord, who had never been an officer of the state, assumed the old administrative titles and called himself count or viscount, and perhaps with some sort of right, for his position in his territories, through the development of the immunity, did not differ from that now held by the man who had been originally a count. ”

“ The temptation to use the larger part of any space allotted to the history of feudalism for a discussion of origins does not arise alone from greater interest in that phase of the subject. It is almost impossible even with the most discriminating care to give a brief account of completed feudalism and convey no wrong impression. ”

“ A knight might hold directly of the king, a count of a viscount, a bishop of an abbot, or the king himself of one of his own vassals, or even of a vassal’s vassal, and in return his vassal’s vassal might hold another fief directly of him. ”

“ Scholars are not yet agreed as to what would have been their result if their natural development had not been cut off by the violent introduction of Frankish feudalism with the Norman conquest, whether the historical feudal system, or a feudal system in the general sense. ”

“ They did not have their origin in economic considerations, but were either intended to mark the vassal’s tenant relation, like the relief, or to be a part of his service, like the aid, that is, he was held to come to the aid of his lord in a case of financial as of military necessity. The relief was a sum paid by the heir for the lord’s recognition of his succession. The aids were paid on a few occasions, determined by custom, where the lord was put to unusual expense, as for his ransom when captured by the enemy, or for the knighting of his eldest son. ”

“ The crowd of varying forms should not prevent us from seeing that we can trace through their confusion the line along which the characteristic traits and institutions of European feudalism, as it actually was, were growing constantly more distinct. ”

“ In turning from the origin of feudalism to a description of the completed system one is inevitably reminded of the words with which de Quincey opens the second part of his essay on style. He says: “It is a natural resource that whatsoever we find it difficult to investigate as a The completed system. result, we endeavour to follow as a growth. Failing analytically to probe its nature, historically we seek relief to our perplexities by tracing its origin.... ”

“ It is easy to lose one’s bearings by over-emphasizing the importance of variation and exception. It is indeed true that what was the exception, the temporary offshoot, might have become the main line. ”

“ Applied to this use the precarium found extensive employment in the last age of the empire. The government looked on the practice with great disfavour, because it transferred large areas from the easy access of the state to an ownership beyond its reach. ”

“ In its new use, alike in the later Roman and the early German state, the landless freeman who could not support himself went to some powerful man, stated his need, and offered his services, those proper to a freeman, in return for shelter and support. ”

“ In ignorance of their danger, and later in despair of getting public services adequately performed in any other way, the kings first adopted for themselves some of the forms and practices which had thus grown up, and by degrees recognized them as legally proper for all classes. ”

“ That is the line of the origin of the feudal system. (See also France: Law and Institutions.)
The growth which we have traced took place within the Frankish empire. When we turn to Anglo-Saxon England we find a different situation and a different result. There precarium and patrocinium were lacking. Certain forms of personal commendation did develop, certain Results in England. forms of dependent land tenure came into use. ”