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Albert van der Kaap, Enschede, albert@vanderkaap.org
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In the wake of Charlemagne's death,
the Carolingian Empire faced monumental problems. The
Frankish Kingdom was constantly divided into smaller and
smaller states and for the most part, no one was
satisfied with the results. There were strong kings who
dreamed of reuniting the Franks under their own rule,
however, in the brutality that was the 9th century, the
only men of power who can be said to have made any gain
whatsoever were the great landowners. It was the
landowner who provided the costly armies for the
Carolingians. They often played one ruler or
against another in a constant game of mutiny, desertion,
extortion and immunity from the king's representatives.
Although the 9th century can be characterized as an age
of confusion, the situation was made worse by a renewed
series of invasions throughout the
century. Vikings from the north, Magyars from the east,
and Saracens from the South plundered the continent. The
great landowners raised their own armies and built
castles to protect the open country. Such resistance on
the part of the landowners also had the effect of
increasing their authority at the same time that it made
them less dependent on the central government.
Gevolgen
The wave of invasions came to an end to the 10th
century, however, European recovery was slow. Although
the barbarians in England, Ireland, and Normandy
assimilated themselves to Christianity, those tribes of
Eastern Europe were a far more difficult group to
absorb. As result of the invasions normal communications
and travel were destroyed. It was therefore necessary
that local self-sufficiency, which was already strong,
was intensified by the needs of security and protection.
It was necessary that European society be reorganized so
that each area could meet its minimum means from its own
resources.
There is little doubt that the chronic absence of any
effective central government and the threat of both war
and famine contributed to the general awareness of the
need for security and protection. The
institution known as feudalism appeared in this
atmosphere of collapsing central authority, civil war,
invasion and overall economic stagnation. The
term feudalism refers to that social, political, and
economic system that emerged from the experience of the
9th century. Feudalism highlighted the fact that only
those men who could guarantee immediate protection and
security from a war, invasion, and famine, were the true
lords. In other words, feudal society was
society dominated by warriors. What people
needed most was the assurance that they could depend on
others when needed as a result, powerful individuals
were recognized as superiors by lesser men who pledged
themselves to them, promising them service.
Feudal society, then, was a society dominated by a vast
network of mutual relationships based
almost entirely on personal loyalty and service. This
practice grew out of two primary sources:
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On the one hand, the tribal bonds characteristic of the invading tribes began to decline due to their Christianization.
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On the other hand, the fall of Rome and its aftermath led to a general weakening of one's loyalty to the state, which had been characteristic of the later years of the Roman Empire.
So far we have established
that feudal society was based on security and
protection. Feudalism was also a political, economic,
military, and social arrangement. Of course, if we were
to ask a medieval king to describe feudalism, he would
not really know what it was we were asking of him. The
reason is clear. Feudalism is the word used to describe
a complex set of relationships which appeared following
the reign of Charlemagne. There is no handbook of
feudalism. Because of this feudalism is sometimes
difficult to describe. Added to this complication, there
is a considerable degree of variation as regards how and
where feudalism made its first appearance. However, the
heartland of the feudal system is in Europe,
specifically that area which falls between the Loire and
Rhine rivers. In general, feudalism first made its
appearance in western Europe and more slowly in central
and eastern Europe. Consequently, feudalism first
disappeared in the west and more slowly in the east and
in Russia.
The network of mutual relationships which together
constituted what we have been calling feudal society,
enabled warriors to acquire large armies and to rule
over territory without necessarily owning the land or
having any royal title to their rule. Large groups of
vassals would eventually became a professional military
class with its own code of conduct. These military
organizations appeared as a result of the absence of
strong central government.
In the sixth and seventh centuries there involved the
custom of individual freemen, who did not belong to any
protecting group, to place themselves under the
protection of a more powerful freeman. In this way
stronger men were able to build up armies and become
local political and judicial powers, and the lesser men
were able to solve the problem of security and
protection. Men who entrusted themselves to others were
known as ingenui in obsequio, or "freemen in a
contractual relation of dependence." Those who gave
themselves to the king were called antrustiones. All men
of this type came to be described collectively as
vassals.
The landed nobility, like kings, made every effort to
acquire as many vassals as they could for the obvious
reason that military strength during this period lay in
numbers. Of course, it was absolutely impossible to
maintain these growing armies on what was provided by
the lord's household alone, or to support them by
payment. What involved was the practice of granting the
vassals land as a benefice or fief. The vassals were
expected to live on the land, maintain their horses, and
supply themselves with weapons of war. The fief was
inhabited by peasants, and the crops that they raised
provided the vassal with his means of support.
The whole practice of vassalage involved fealty to the
lord. To swear fealty was tantamount to promising to
refrain from any action that might threaten the
well-being of the lord and to perform personal services
for him at his request. The primary service was military
duty as a mounted knight. This, of course, could involve
a variety of activities: a short or long military
campaign, escort duty, standing guard, providing
lodgings when the lord traveled through the vassal's
territory, or the giving of a gift when the lord's son
was knighted or when his eldest daughter married. In
general, the vassal owed a number of obligations to his
lord. The incidence of bargaining and bickering over the
terms of service was great. Eventually, limitations were
placed on the number of days a lord could require
services from his vassal. For example, in France in the
11th century about forty days of service a year were
considered normal. A vassal could also by his way out of
military service. The lord, in turn, would apply this
payment to the hiring of mercenaries, a practice which
proved more efficient but also more costly.
The vassals also expect to give the lord advice when he
requested it and to sit as a member of his court. The
vassal owed the lord financial assistance when
necessary. For example, financial assistance was
required if a lord were captured and needed ransom or if
he were outfitting himself for a crusade or other
military campaign.
Both lord and vassal were bound by honor to abide by the
oath of loyalty. It became an accepted custom for a
vassal to renounce his loyalty to his lord if the latter
failed to protect him from enemies, mistreated him, or
increased the vassal's obligations as fixed by the
feudal contract. Of course, if a vassal did not live up
to his obligations, the lord would summon him to his
court, where he would be tried for treachery. If found
guilty, the vassal could lose his fief or perhaps his
life.
In the early 9th century, bishops and abbots swore oaths
of fealty and received their offices from the king as a
benefice. The king formerly "invested" these clerics in
their offices during a special ceremony. Such a practice
eventually provoked a serious confrontation with the
Church in the 11th century (the Investiture
Controversy).
A lord also had obligations to his vassals which were
very specific. The lord was obliged to protect the
vassal from physical harm and to protect him in court.
After fealty was sworn the lord provided for the vassal
by bestowing upon him a benefice or fief. The fief was
usually land necessary to maintain the vassal, but
oftentimes the vassal would receive regular payments of
money from a lord. This made it possible for a landowner
in one area to acquire vassals among the landowners of
another. Hopefully you can recognize grounds for future
conflict.
In the 9th century a fief varied in size from one or
more small villas to agricultural holdings of
twenty-five to forty-eight acres. Vast estates were
created by the king's vassals, many of whom received
benefices consisting of as many as two hundred such
holdings. Vassals of the king, strengthened by such
large benefices, created their own vassals. These, in
turn, created still further vassals of their own. The
general effect of such a practice fragmented the land
and authority from the highest to the lowest levels by
the end of the 9th century. Added to this fragmentation,
and the complexities that it produced, there developed a
practice of multiple vassalage. That is, one vassal
would receive a benefice from more than one lord. This
concept lead in the 9th century to the concept of liege
homage, that is, the one lord whom the vassal must obey
even if it meant the harm of his other masters.
Over time the occupation of land gradually led to claims
of hereditary possession. Such a practice became a
legally recognized principle in the 9th century and laid
the grounds for claims to real ownership. Fiefs given as
royal donations became hereditary possessions.
De
eed van trouw
The problem of loyalty was reflected in the ceremonial
developments of the act of commendation in which a
freeman became a vassal. In the mid-8th century an oath
of fealty highlighted this ceremony. A vassal reinforced
his promise to his lord by swearing a special oath with
his hand on a sacred relic or the Bible. By the 10th and
11th centuries paying homage to the lord involved not
only the swearing of such an oath but the placements of
the vassal's hands between the lord's and a sealing of
the ceremony with a kiss.
As the centuries passed, personal loyalty and service
became almost secondary to the acquisition of property.
The fief overshadowed fealty, the benefice became more
important than vassalage, and freemen began to swear
allegiance to the highest bidder only. In other words,
the personal relationships embodied in the concept of
feudal society as it made its appearance in the 8th and
9th centuries had become, by the 10th an 11th centuries,
merely the means for the acquisition of more private
property. Feudal society provided stability, security,
and protection throughout the period of the early Middle
Ages and aided in the development of political
centralization during the high Middle Ages. Of course,
the political stability promised by the feudal
relationship eventually devolved into total anarchy, one
result of which was the Hundred Years' War.
Verschil Romeins recht en feodaal recht
Derived from traditional Germanic law, feudal law was
very different from Roman law. Roman law was deemed
universal because it had been created by a central
government for a world empire. Furthermore, Roman law
was rational because it was believed to be in accordance
with natural laws applicable to all, and it was
systematic in that it offered a framework of standards
that applied to individual cases. Feudal laws, on the
other hand, were local and personal. In the Roman view,
the individual as a citizen of Rome owed specific
obligations to the state. In the feudal relationship, a
vassal owed loyalty and service to a lord according to
the terms of their personal agreement.
In the feudal way of things, lords and kings did not
make law since they were guided by tradition and
precedent. Patterns of landownership were regarded as
expressions of ancient and unchanging custom. In
general, when conflicts developed between vassal and
lord, or between lords, the demand was almost always
made for the restoration of customary rights.
Het
ontstaan van toernooien
Feudal lords were warriors plain and simple. Manual
labor or trade was shunned as degrading to men of such
high stature. There was only one vocation and that was
fighting. Combat demonstrated a lord's honor and his
reputation. It was also a measure of his wealth and
influence in feudal society. But what does a warrior do
when there was no one to fight? By the 12th century the
nobility began to stage tournaments in which knights
engaged each other in battle in order to prove their
skill, courage and honor. The victors in these
"celebrations" gained prestige and honor in the eyes of
fellow nobles and peasants alike. A code of behavior,
chivalry, evolved from these feudal contests of skill. A
worthy knight was expected to exhibit the outward signs
of this code of knightly behavior: bravery, loyalty,
respect and courage.
Over time, a religious element was introduced into the
warrior culture we have just described. The Church
sought to use the fighting spirit of the feudal knight
for Christian ends. So, to the Germanic tradition of
loyalty and courage was added a Christian component: a
knight was expected to honor the laws of the Church in
the service of God. A knight was supposed to protect the
weak and defend the Church against heretics of all
shades. It is no accident that the very ceremony of
knighthood was now placed within a Christian framework.

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Copyright: Albert van der Kaap, 2011