Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
jurisdiction of this tribunal composed of their peers. Generally they
also judged the villeins (_villani_) and the serfs dependent on the
group, except in cases where the latter obtained as a favour judges of
their own status, which was, however, at that time a very rare
occurrence.
Under these conditions a nobility was formed, those men becoming nobles
who were able to devote themselves to the profession of arms and were
either chiefs or soldiers in one of the groups which have just been
described. The term designating a noble, _miles_, corresponds also to
that of knight (Fr. _chevalier_, Low Lat. _caballerius_), for the reason
that chivalry, of which the origins are uncertain, represents
essentially the technical skill and professional duties of this military
class. Every noble was destined on coming of age to become a knight, and
the knight equally as a matter of course received a fief, if he had not
one already by hereditary title. This nobility, moreover, was not a
caste but could be indefinitely recruited by the granting of fiefs and
admission to knighthood (see KNIGHTHOOD AND CHIVALRY).
Private war.
The state of anarchy was by now so far advanced that war became an
individual right, and the custom of private war arose. Every man had in
principle the right of making war to defend his rights or to avenge his
wrongs. Later on, doubtless, in the 13th century, this was a privilege
of the noble (_gentilhomme_); but the texts defining the limits which
the Church endeavoured to set to this abuse, namely, the Peace of God
and the Truce of God, show that this was at the outset a power possessed
by men of all classes. Even a man who had appeared in a court of law and
received judgment had the choice of refusing to accept the judgment and
of making war instead. Justice, moreover, with its frequent employment
of trial by combat, did not essentially differ from private war.
It is unnecessary to go further and to affirm, with certain historians
of our time, for example Guilhermoz and See, that the only free men at
that time, besides the clergy, were the nobles, all the rest being
serfs. There are many indications which lead us to assume, not only in
the towns but even in the country districts, the existence of a class of
men of free status who were not _milites_, the class later known in the
13th century as _vilains_, _hommes de poeste_, and, later, _roturiers_.
The fact more probably was that only the nobles and ecclesiastics were
exempt from the exactions of the feudal lords; while from all the others
the seigneurs could at pleasure levy the _taille_ (a direct and
arbitrary tax), and those innumerable rights then called
_consuetudines_. Free ownership, the _allodium_, even under the form of
small freeholds, still existed by way of exception in many parts.
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