vassal’s heir to receive his father’s holding was recognized as the
general rule—then the feudal system may be called full grown.
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. But we may say that the formative
age was over when these features of the system had combined
to be its characteristic marks. What follows is rather a perfection
of details in the direction of logical completeness. To assign
any specific date to the end of this formative age is of course
impossible, but meaning by the end what has just been stated,
we shall not be far wrong if we place it somewhere near the
beginning of the 10th century.
Before we leave the history of feudal origins another word is necessary. We have traced a definite line of descent for feudal institutions from Roman days through the Merovingian and Carolingian ages to the 10th century. That line of descent can be made out with convincing clearness and with no particular difficulty from epoch to epoch, from the precarium and the patrocinium, through the benefice and commendation, to the fief and vassalage. But the definiteness of this line should not cause us to overlook the fact that there was during these centuries much confusion of custom and practice. All round and about this line of descent there was a crowd of varying forms branching off more or less widely from the main stem, different kinds of commendation, different forms of precarium, some of which varied greatly from that through which the fief descends, and some of which survived in much the old character and under the old name for a long time after later feudalism was definitely established.[1] The variety and seeming confusion which reign in feudal society, under uniform controlling principles, rule also in the ages of beginning. 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. It would then have produced a system which would have been feudal, in the wide sense of the term, but it would have been marked by different characteristics, it would have operated in a somewhat different way. 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.[2] 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. These do not show, however, the characteristic marks of the actual line of feudal descent. They belong rather in the varying forms around that line. 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. To the writer it seems clear that the latter is the most that can be asserted. They were forms which may rightly be called feudal, but only in the wider meaning in which we speak of the feudalism of Japan, or of Central Africa, not in the sense of 12th-century European feudalism; Saxon commendation may rightly be called vassalage, but only as looking back to the early Frankish use of the term for many varying forms of practice, not as looking forward to the later and more definite usage of completed feudalism; and such use of the terms feudal and vassalage is sure to be misleading. It is better to say that European feudalism is not to be found in England before the Conquest, not even in its beginnings. If these had really been in existence it would require no argument to show the fact. There is no trace of the distinctive marks of Frankish feudalism in Saxon England, not where military service may be thought to rest upon the land, nor even in the rare cases where the tenant seems to some to be made responsible for it, for between these cases as they are described in the original accounts, legally interpreted, and the feudal conception of the vassal’s military service, there is a great gulf.
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.... Thus for instance when any feudal institution (be it Gothic, Norman, or Anglo-Saxon) eludes our deciphering faculty from the imperfect records of its use and operation, then we endeavour conjecturally to amend our knowledge by watching the circumstances in which that institution arose.” 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. We use the term “feudal system” for convenience sake, but with a degree of impropriety if it conveys the meaning “systematic.” Feudalism in its most flourishing age was anything but systematic. It was confusion roughly organized. 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.
But too great emphasis upon variation conveys also a wrong impression. Underlying all the apparent confusion of fact and practice were certain fundamental principles and relationships, which were alike everywhere, and which really gave shape to everything that was feudal, no matter what its form might be. 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; and the principle of contract between lord and tenant, as determining all rights, controlling their modification, and forming the foundation of all law. There was actually in fact and practice a larger uniformity than this short list implies, because these principles tended to express themselves in similar forms, and because historical derivation from a common source in Frankish feudalism tended to preserve some degree of uniformity in the more important usages.
The foundation of the feudal relationship proper was the fief, which was usually land, but might be any desirable thing, as an office, a revenue in money or kind, the right to collect a toll, or operate a mill. In return for the fief, the man became the vassal of his lord; he knelt before him, and, with his hands between his lord’s hands, promised him fealty and service; he rose to his feet and took the oath of fealty which bound him to the obligations he had assumed in homage; he received from his lord ceremonial investiture with the fief. The faithful performance of all the duties he had assumed in homage constituted the vassal’s right and title to his fief. So long as they were fulfilled, he, and his heir after him, held the fief as his property, practically and in relation to all under tenants as if
