Medieval EuropeDavis, H. W. Carless (Henry William Carless)
History
Medieval Europe
Davis, H. W. Carless (Henry William Carless)
Europe -- History -- 476-1492; Middle Ages
These tenants-in-chief have on their estates a number of sub-tenants,
who are bound to them by similar contracts and a similar personal
relation. The homage of the sub-tenant to his immediate lord ought to be
qualified by a reservation of the allegiance which all subjects owe to
the King. Whether this reservation shall be made or, when made, shall
have any practical consequences, will depend upon the King's resources
and personality. Where effective, it means that he can claim from the
sub-tenants the discharge of certain national duties, can call on them
for military service, can judge them in his court, can tax them with the
consent of his council, that is of their lords; on the other hand, it
means that these sub-tenants may not allege the commands of their lord
as an excuse for making war upon the King or committing any breach of
the public peace. Where the general duty of allegiance has lapsed into
oblivion, the tenant-in-chief is in all but name a dependent king, and
the feudal state becomes a federation under a hereditary president, who
occasionally arbitrates between the members of the federation and
occasionally leads them out to war.
The other members of the feudal state group themselves or are forcibly
grouped under the rule of different persons in the feudal hierarchy. In
the open country the soil is partly tilled by small free-holders, who
pay to this or that lord a rent in money, kind, or services. Like the
feudal sub-tenants these free-holders are, for most purposes, subject to
the jurisdiction of their lord; though in the well organised state the
royal judges protect them against the grosser forms of violence. But the
greater part of the land is divided between servile village-communities,
who give up perforce a large proportion of their working-days to the
cultivation of the lord's demesne. The tendency of feudal law is to
treat these peasants as slaves, to deny them the assistance of the royal
law-courts, to regard them as holding their land at the will of their
lord. In practice the lord finds that he cannot insist upon the full
measure of his legal right. Though he has the right to reclaim all
runaways, it is difficult to hunt them down; though he can fix the
measure of his own demands, it is dangerous and unprofitable to arouse a
spirit of mutiny. A judge from whom his serfs have no appeal in matters
that concern their tenure, he finds it politic to make and to observe
definite contracts, which remain unaltered from one generation to
another. Hence the condition of the serfs, though hard, is less
precarious than we might suppose if we only studied what the feudal
lawyer has to say about them. Turning from the country to the towns, we
find that all are subject to a lord or to the King; that some are only
half-emancipated communities of serfs; that in others the burgesses have
the status of small free-holders; that in a minority, but a growing
minority, of cases the burgesses have established the right to deal
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