tenant holding towards his lord the position which his own tenants
held towards himself. And it is just because the relation was so
uniform, the principle so comprehensive, the ruling class so firmly
bound to its support, that feudalism has been able to lay upon society
that grasp which the struggles of more than twenty generations have
scarcely shaken off.
[Sidenote: The feudal king.]
[Sidenote: The nobility.]
[Sidenote: The Germanic feudal polity generally.]
Now by the middle of the tenth century, Germany, less fully committed
than France to feudalism's worst feature, the hopeless bondage of the
peasantry, was otherwise thoroughly feudalized. As for that equality
of all the freeborn save the sacred line which we find in the Germany
of Tacitus, there had been substituted a gradation of ranks and a
concentration of power in the hands of a landholding caste, so had the
monarch lost his ancient character as leader and judge of the people,
to become the head of a tyrannical oligarchy. He was titular lord of
the soil, could exact from his vassals service and aid in arms and
money, could dispose of vacant fiefs, could at pleasure declare war or
make peace. But all these rights he exercised far less as sovereign of
the nation than as standing in a peculiar relation to the feudal
tenants, a relation in its origin strictly personal, and whose
prominence obscured the political duties of prince and subject. And
great as these rights might become in the hands of an ambitious and
politic ruler, they were in practice limited by the corresponding
duties he owed to his vassals, and by the difficulty of enforcing them
against a powerful offender. The king was not permitted to retain in
his own hands escheated fiefs, must even grant away those he had held
before coming to the throne; he could not interfere with the
jurisdiction of his tenants in their own lands, nor prevent them from
waging war or forming leagues with each other like independent
princes. Chief among the nobles stood the dukes, who, although their
authority was now delegated, theoretically at least, instead of
independent, territorial instead of personal, retained nevertheless
much of that hold on the exclusive loyalty of their subjects which had
belonged to them as hereditary leaders of the tribe under the ancient
system. They were, with the three Rhenish archbishops, by far the
greatest subjects, often aspiring to the crown, sometimes not unable
to resist its wearer. The constant encroachments which Otto made upon
their privileges, especially through the institution of the Counts
Palatine, destroyed their ascendancy, but not their importance. It was
not till the thirteenth century that they disappeared with the rise of
the second order of nobility. That order, at this period far less
powerful, included the counts, margraves or marquises and landgraves,
originally officers of the crown, now feudal tenants; holding their
lands of the dukes, and maintaining against them the same contest
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