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
The final organization of feudalism resulted from the struggle for
organization which was proceeding in each district where the more
powerful lords compelled the others to do them homage and become their
vassals; the _capitalis dominus_ had beneath him a whole hierarchy, and
was himself a part of the feudal system of France (see FEUDALISM).
Doubtless in the case of lords like the dukes of Brittany and Burgundy,
the king could not actually demand the strict fulfilment of the feudal
obligations; but the principle was established. The question now arises,
did free and absolute property, the _allodium_, entirely disappear in
this process, and were all lands held as tenures? It continued to exist,
by way of exception, in most districts, unchanged save in the burden of
proof of ownership, with which, according to the customs, sometimes the
lord and sometimes the holder of the land was held charged. In one
respect, however, namely in the administration of justice, the feudal
hierarchy had absolute sway. Towards the end of the 13th century
Beaumanoir clearly laid down this principle: "All secular jurisdiction
in France is held from the king as a fief or an _arriere-fief_."
Henceforth it could also be said that "All justice emanates from the
king." The law concerning fiefs became settled also from another point
of view, the fief becoming patrimonial; that is to say, not only
hereditary, but freely alienable by the vassal, subject in both cases to
certain rights of transfer due to the lord, which were at first fixed by
agreement and later by custom. The most salient features of feudal
succession were the right of primogeniture and the preference given to
heirs-male; but from the 13th century onwards the right of
primogeniture, which had at first involved the total exclusion of the
younger members of a family, tended to be modified, except in the case
of the chief lords, the eldest son obtaining the preponderant share or
_preciput_. Non-noble (_roturier_) tenancies also became patrimonial in
similar circumstances, except that in their case there was no right of
primogeniture nor any privilege of males. The tenure of serfs did not
become alienable, and only became hereditary by certain devices.
Rise of the privileged towns.
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