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The entire social structure, resting as it did upon kinship, found its changes in developing economic, political, and religious life. Especially is this seen in the pursuit of the common industries. As soon as the tribes obtained permanent seats and had given themselves mostly to agriculture, the state of society became more settled, and new customs were gradually introduced. At the same time society became better organized, and each man had his proper place, not only in the social scale but also in the industrial and political life of the tribe.

General Social Customs. – In the summer-time the clothing was very light. The men came frequently to the Roman camp clad in a short jacket and a mantle; the more wealthy ones wore a woollen or linen undergarment. But in the cold weather sheepskins and the pelts of wild animals, as well as hose for the legs and shoes made of leather for the feet, were worn. The mantle was fastened with a buckle, or with a thorn and a belt. In the belt were carried shears and knives for daily use. The women were not as a general thing dressed differently from the men. After the contact with the Romans the methods of dress changed, and there was a greater difference in the garments worn by men and women.

Marriage was a prominent social institution among the tribes, as it always is where the monogamic family prevails. There were doubtless traces of the old custom, common to most races, of wife capture, a custom which long continued as a mere fiction to some extent among the peasantry of certain localities in Germany. In this survival the bride makes feint to escape, and is chased and captured by the bridegroom. Some modern authorities have tried to show that there is a survival of this old custom of courtship, whereby the advances are supposed to be made by the men. The engagement to be married meant a great deal more in those days than at present. It was more than half of the marriage ceremony. Just as among the Hebrews, the engagement was the real marriage contract, and the latter ceremony only a form, so among the Germans the same custom prevailed. After engagement, until marriage they were called the Bräut and Bräutigam, but when wedded they ceased to be thus entitled. The betrothal contained the essential bonds of matrimony, and was far more important before the law than the later ceremony. In modern usage the opposite custom prevails.

The woman was always under wardship; her father was her natural guardian and made the marriage contract or the engagement. When a woman married, she brought with her a dower, furnished by her parents. This consisted of all house furnishings, clothes, and jewelry, and a more substantial dower in lands, money, or live stock. On the morning of the day after marriage the husband gave to the wife the "Morgengabe," which thereafter was her own property. It was the wedding-present of the groom. This is but a survival of the time when marriage among the Germans meant a simple purchase of a wife. It is said that "ein Weib zu kaufen" (to buy a wife) was the common term for getting engaged, and that this phrase was so used as late as the eleventh century. The wardship was called the mundium, and when the maid left her father's house for another home, her mundium was transferred from her father to her husband. This dower began, indeed, with the engagement, and the price of the mundium was paid over to the guardian at the time of the contract. From this time suit for breach of promise could be brought. These are the primitive customs of the marriage ceremony, but they were changed from time to time. Through the influence of Christianity, the woman finally attained prominence in the matter of choosing a husband, and learned, much to her satisfaction, to make her own contracts in matrimony.

The Economic Life. – The economic life was of the most meagre kind in the earlier stages of society. We find that Tacitus, writing 150 years after Caesar, shows that there had been some changes in the people. In the time of Caesar, the tribes were just making their transition from the pastoral-nomadic to the pastoral-agricultural state, and by the time of Tacitus this transition was so general that most of the tribes had settled to a more or less permanent agricultural life. It must be observed that the development of the tribes was not symmetrical, and that which reads very pleasantly on paper represents a very confused state of society. However much the tribes practised agriculture, they had but little peace, for warfare continued to be one of their chief occupations. It was in the battle that a youth received his chief education, and in the chase that he occupied much of his spare time.

But the ground was tilled, and barley, wheat, oats, and rye were raised. Flax was cultivated, and the good housewife did the spinning and weaving – all that was done – for the household. Greens, or herbage, were also cultivated, but fruit-trees seldom were cultivated. With the products of the soil, of the chase, and of the herds, the Teutons lived well. They had bread and meat, milk, butter and cheese, beer and mead, as well as fish and wild game. The superintending of the fields frequently fell to the lot of the hausfrau, and the labor was done by serfs. The tending of the fields, the pursuit of wild animals or the catching of fish, the care of the cattle or herds, and the making of butter and cheese, the building of houses, the bringing of salt from the sea, the making of garments, and the construction of weapons of war and utensils of convenience – these represent the chief industries of the people. Later, the beginnings of commerce sprang up between the separate tribes, and gradually extended to other nationalities.

Contributions to Law. – The principle of the trial by jury, which was developed in the English common law, was undoubtedly of Teutonic origin. That a man should be tried by his peers for any misdemeanor was considered to be a natural right. The idea of personal liberty made a personal law, which gradually gave way to civil law, although the personal element was never entirely obliterated. The Teutonic tribes had no written law, yet they had a distinct legal system. The comparison of this legal system with the Roman or with our modern system brings to light the individual character of the early Germanic laws. The Teuton claimed rights on account of his own personality and his relation to a family, not because he was a member of a state.

When the Teutons came in contact with the Romans they mingled their principles of law with those of the latter, and thus made law more formal. Nearly all of the tribes, after this contact, had their laws codified and written in Latin, by Roman scholars, chiefly of the clergy, who incorporated not only many elements of Roman law but also more or less of the elements of Christian usage. Those tribes which had been the longer time in contact with the Romans had a greater body of laws, more systematized and of more Roman characteristics. Finally, as modern nationality arose, the laws were codified, combining the Roman and the Teutonic practice.

The forms of judicial procedure remained much the same on account of the character of Teutonic social organization. The personal element was so strong in the Teutonic system as to yield a wide influence in the development of judicial affairs. The trial by combat and the early ordeals, the latter having been instituted largely through the church discipline, and the idea of local courts based upon a trial of peers, had much to do with shaping the course of judicial practice. The time came, however, when nearly every barbarian judicial process was modified by the influence of the Roman law, until the predominance of the state, in judicial usage, was recognized in place of the personal element which so long prevailed in the early Teutonic customs.

But in the evolution of the judicial systems of the various countries the Teutonic element of individual liberty and individual offenses never lost its influences. These simple elements of life indicate the origin of popular government, individual and social liberty, and the foundation of local self-government. Wherever the generous barbarians have gone they have carried the torch of liberty. In Italy, Greece, England, Germany, Spain, and the northern nations, wherever the lurid flames of revolt against arbitrary and conventional government have burst forth, it can be traced to the Teutonic spirit of freedom. This was the greatest contribution of the Teutonic people to civilization.³⁰

SUBJECTS FOR FURTHER STUDY

1. The vital elements of modern civilization contributed by the Germans.

2. Teutonic influence on Roman civilization.

3. Compare the social order of the Teutons with that of the early Greeks.

4. Causes of the invasion of Rome by the Teutonic tribes.

5. What were the racial relations of Romans, Greeks, Germans, Celts, and English?

6. Modern contributions to civilization by Germany.

CHAPTER XVIII
FEUDAL SOCIETY

Feudalism a Transition of Social Order. – Feudalism represents a change from the ancient form of imperialism to the newer forms of European government. It arose out of the ruins of the Roman system as an essential form of social order. It appears to be the only system fitted to bring order out of the chaotic conditions of society, but by the very nature of affairs it could not long continue as an established system. It is rather surprising, indeed, that it became so universal, for every territory in Europe was subjected to its control in a greater or less degree. Frequently those who were forced to adopt its form condemned its principle, and those who sought to maintain the doctrine of Roman imperialism were subjected to its sway. The church itself, seeking to maintain its autocracy, came into direct contact with feudal theory and opposed it bitterly. The people who submitted to the yoke of personal bondage which it entailed hated the system. Yet the whole European world passed under feudalism. But notwithstanding its universality, feudalism could offer nothing permanent, for in the development of social order it was forced to yield to monarchy, although it made a lasting influence on social life and political and economic usage.

There Are Two Elementary Sources of Feudalism. – The spirit of feudalism arises out of the early form of Teutonic social life. It sprang from the personal obligation of the comitatus, which was composed of a military leader and his followers or companions. The self-constituted assembly elected the leader who was most noted for courage and prowess in battle. To him was consigned the task of leading in battle the host, which was composed of all the freemen in arms. Usually these chiefs were chosen for a single campaign, but it not infrequently happened that their leadership was continuous, with all the force of hereditary selection.

Another phase of the comitatus is represented by the leader's setting forth in time of peace with his companions to engage in fighting, exploiting, and plunder on his own account. The courageous young men of the tribe, thirsting for adventure in arms, gathered about their leader, whom they sought to excel in valor. He who was bravest and strongest in battle was considered most honorable. The principal feature to be noted is the personal allegiance of the companions to their leader, for they were bound to him with the closest ties. For the service which they rendered, the leader gave them sustenance and also reward for personal valor. They sat at his table and became his companions, and thus continually increased his power in the community.

This custom represents the germ of the feudal system. The leader became the lord, the companions his vassals. When the lord became a tribal chief or king, the royal vassals became the king's thegns, or represented the nobility of the realm. The whole system was based upon service and personal allegiance. As conquest of territory was made, the land was parcelled out among the followers, who received it from the leader as allodial grants and, later, as feudal grants. The allodial grant resembled the title in fee simple, the feudal grant was made on condition of future service.

The Roman element of feudalism finds its representation in clientage. This was a well-known institution at the time of the contact of the Romans with their invaders. The client was attached to the lord, on whom he depended for support and for representation in the community. Two of the well-known feudal aids, namely, the ransom of the lord from captivity and the gift of dowry money on the marriage of his eldest daughter, are similar to the services rendered by the Roman client to his lord.

The personal tie of clientage resembled the personal allegiance in the comitatus, with the difference that the client stood at a great distance from the patron, while in the comitatus the companions were nearly equal to their chief. The Roman influence tended finally to make the wide difference which existed between the lord and vassal in feudal relations. Other forms of Roman usage, such as the institution of the coloni, or half-slaves of the soil, and the custom of granting land for use without actual ownership, seem to have influenced the development of feudalism. Without doubt the Roman institutions here gave form and system to feudalism, as they did in other forms of government.

The Feudal System in Its Developed State Based on Land-Holding. – In the early period in France, where feudalism received its most perfect development, several methods of granting land were in vogue. First, the lands in the immediate possession of the conquered were retained by them on condition that they pay tribute to the conquerors; the wealthy Romans were allowed to hold all or part of their large estates. Second, many lands were granted in fee simple to the followers of the chiefs. Third was the beneficiary grant, most common to feudal tenure in its developed state. By this method land was granted as a reward for services past or prospective. The last method to be named is that of commendation, by which the small holder of land needing protection gave his land to a powerful lord, who in turn regranted it to the original owner on condition that the latter became his vassal. Thus the lands conquered by a chief or lord were parcelled out to his principal supporters, who in turn regranted them to those under them, so that all society was formed in a gradation of classes based on the ownership of land. Each lord had his vassal, every vassal his lord. Each man swore allegiance to the one next above him, and this one to his superior, until the king was reached, who himself was but a powerful feudal lord.

As the other forms and functions of state life developed, feudalism became the ruling principle, from which many strove in vain to free themselves. There were in France, in the time of Hugh Capet, according to Kitchen, "about a million of souls living on and taking their names from about 70,000 separate fiefs or properties; of these about 3,000 carried titles with them. Of these again, no less than a hundred were sovereign states, greater or smaller, whose lords could coin money, levy taxes, make laws, and administer their own justice."³¹ Thus the effect of feudal tenure was to arrange society into these small, compact social groups, each of which must really retain its power by force of arms. The method gave color to monarchy, which later became universal.

Other Elements of Feudalism. – Prominent among the characteristics of feudalism was the existence of a close personal bond between the grantor and the receiver of an estate. The receiver did homage to the grantor in the form of oath, and also took the oath of fealty. In the former he knelt before the lord and promised to become his man on account of the land which he held, and to be faithful to him in defense of life and limb against all people. The oath of fealty was only a stronger oath of the same tenor, in which the vassal, standing before the lord, appealed to God as a witness. These two oaths, at first entirely separate, became merged into one, which passed by the name of the oath of fealty. When the lord desired to raise an army he had only to call his leading vassals, and they in turn called those under them. When he needed help to harvest his grain the vassals were called upon for service.

Besides the service rendered, there were feudal aids to be paid on certain occasions. The chief of these were the ransom of the lord when captured, the amount paid when the eldest son was knighted, and the dowry on the marriage of the eldest daughter. There were lesser feudal taxes called reliefs. Of these the more important were the payment of a tax by the heir of a deceased vassal upon succession to property, one-half year's profit paid when a ward became of age, and the right to escheated lands of the vassal. The lord also had the right to land forfeited on account of certain heinous crimes. Wardship entitled the lord to the use of lands during the minority of the ward. The lord also had a right to choose a husband for the female ward at the age of fourteen; if she refused to accept the one chosen, the lord had the use of her services and property until she was twenty-one. Then he could dispose of her lands as he chose and refuse consent for her to marry. These aids and reliefs made a system of slavery for serfs and vassals.

The Rights of Sovereignty. – The feudal lord had the right of sovereignty over all of his own vassal domain. Not only did he have military sovereignty on account of allegiance of vassals, but political sovereignty also, as he ruled the assemblies in his own way. He had legal jurisdiction, for all the courts were conducted by him or else under his jurisdiction, and this brought his own territory completely under his control as proprietor, and subordinated everything to his will. In this is found the spirit of modern absolute monarchy.

The Classification of Feudal Society. – In France, according to Duruy, under the perfection of feudalism, the people were grouped in the following classes: First, there was a group of Gallic or Frankish freemen, who were obliged to give military service to the king and give aids when called upon. Second, the vassals, who rendered service to those from whom they held their lands. Third, the royal vassals, from whom the king usually chose his dukes and counts to lead the army or to rule over provinces and cities. Fourth, the liti, who, like the Roman coloni, were bound to the soil, which they cultivated as farmers, and for which they paid a small rent. Finally, there were the ordinary slaves. The character of the liti, or glebe, serfs varied according to the degree of liberty with which they were privileged. They might have emancipation by charter or by the grant of the king or the church, but they were never free. The feudal custom was binding on all, and no one escaped from its control. Even the clergy became feudal, there being lords and vassals within the church. Yet the ministry, in their preaching, recognized the opportunity of advancement, for they claimed that even a serf might become a bishop, although there was no great probability of this.

Progress of Feudalism. – The development of feudalism was slow in all countries, and it varied in character in accordance with the condition of the country. In England the Normans in the eleventh century found feudalism in an elementary state, and gave formality to the system. In Germany feudalism was less homogeneous than in France. It lacked the symmetrical finish of the Roman institutions, although it was introduced from French soil through overlordship and proceeded from the sovereign to the serf, rather than springing from the serf to the sovereign. It varied somewhat in characteristics from French feudalism, although the essentials of the system were not wanting. In the Scandinavian provinces the Teutonic element was too strong, and in Spain and Italy the Romanic, to develop in these countries perfect feudalism. But in France there was a regular, progressive development. The formative period began in Caesar's time and ended with the ninth century.

This was followed by the period of complete domination and full power, extending to the end of the thirteenth century, at the close of which offices and benefices were in the hands of the great vassals of Charles the Bald. Then followed a period of transformation of feudalism, which extended to the close of the sixteenth century. Finally came the period of the decay of feudalism, beginning with the seventeenth century and extending to the present time. There are found now, both in Europe and America, laws and usages which are vestiges of the ancient forms of feudalism, which the formal organization of the state has failed to eradicate.

The autocratic practice of the feudal lord survived in the new monarch, and, except in the few cases of constitutional limitation, became imperialistic. The Prussian state, built upon a military basis, exercised the rights of feudal conquest over neighboring states. After the war with Austria, Prussia exercised an overlordship over part of the smaller German states, with a show of constitutional liberty. After the Franco-Prussian War of 1870, the German Empire was formed, still with a show of constitutional liberty, but with the feudal idea of overlordship dominant. Having feudalized the other states of Germany, Prussia sought to extend the feudal idea to the whole world, but was checked by the World War of 1914.

State of Society Under Feudalism. – In searching for the effects of feudalism on human progress, the family deserves our first consideration. The wife of the feudal lord and her equal associates were placed on a higher plane. The family in no wise represented the ancient patriarchal family nor the modern family. The head of the family stood alone, independent of every form of government. He was absolute proprietor of himself and of all positions under him. He was neither magistrate, priest, nor king, nor subordinate to any system except as he permitted. His position developed arbitrary power and made him proud and aristocratic. With a few members of his family, he lived in his castle, far removed from serfs and vassals. He spent his life alternately in feats of arms or in systematic idleness. Away from home much of the time, fighting to defend his castle or obtain new territory, or engaging in hunting, while the wife and mother cared for the home, he developed strength and power.

It was in the feudal family that woman obtained her position of honor and power in the home. It was this position that developed the chivalry of the Middle Ages. The improvement of domestic manners and the preponderance of home society among the few produced the moral qualities of the home. Coupled with this was the idea of nobility on one side, and the idea of inheritance on the other, which had a tendency to unify the family under one defender and to perpetuate the right and title to property of future generations. It was that benign spirit which comes from the household in more modern life, giving strength and permanence to character.

While there was a relation of common interest between the villagers clustered around the feudal castle, the union was not sufficient to make a compact organization. Their rights were not common, as there was a recognized superiority on one hand and a recognized inferiority on the other. This grew into a common hatred of the lower classes for the upper, which has been a thousand times detrimental to human progress. The little group of people had their own church, their own society. Those who had a fellow-feeling for them had much influence directly, but not in bridging over the chasm between them and the feudal lord. Feudalism gave every man a place, but developed the inequalities of humanity to such an extent that it could not be lasting as a system. Society became irregular, in which extreme aristocracy was divorced from extreme democracy. Relief came slowly, through the development of monarchy and the citizenship of the modern state. It was a rude attempt to find the secret of social organization. The spirit of revolt of the oppressed lived on suppressed by a galling tyranny.

To maintain his position as proprietor of the soil and ruler over a class of people treated as serfs required careful diplomacy on the part of the lord, or else intolerant despotism. He usually chose the latter, and sought to secure his power by force of arms. He cared little for the wants or needs of his people. He did not associate with them on terms of equality, and only came in contact with them as a master meets a servant. Consulting his own selfish interest, he made his rule despotic, and all opposition was suppressed with a high hand. The only check upon this despotism was the warlike attitude of other similar despotic lords, who always sought to advance their own interests by the force of arms. Feudalism in form of government was the antithesis of imperialism, yet in effect something the same. It substituted a horde of petty despots for one and it developed a petty local tyranny in the place of a general despotism.

Lack of Central Authority in Feudal Society. – So many feudal lords, each master of his own domain, contending with one another for the mastery, each resting his course on the hereditary gift of his ancestors, or, more probably, on his force of armed men and the strength of his castle, made it impossible that there should be any recognized authority in government, or any legal determination of the rights of the ruler and his subjects. Feudal law was the law of force; feudal justice the right of might. Among all of these feudal lords there was not one to force by will all others into submission, and thus create a central authority. There was no permanent legislative body, no permanent judicial machinery, no standing army, no uniform and regular system of taxation. There could be no guaranty to permanent political power under such circumstances.

There was little progress in social order under the rule of feudalism. Although we recognize that it was an essential form of government necessary to control the excesses of individualism; although we realize that a monarchy was impossible until it was created by an evolutionary process, that a republic could not exist under the irregularity of political forces, yet it must be maintained that social progress did not exist under the feudal régime. There was no unity of social action, no co-operation of classes in government. The line between the governed and the governing, though clearly marked at times, was an irregular, wavering line. Outside of the family life – which was limited in scope – and of the power of the church – which failed to unify society – there was no vital social growth.

Individual Development in the Dominant Group. – Feudalism established a strong individualism among leaders, a strong personality based on sterling intellectual qualities. It is evident that this excessive individual development became very prominent in the later evolution of social order, and is recognized as a gain in social advancement. Individual culture is essential to social advancement. To develop strong, independent, self-reliant individuals might tend to produce anarchy rather than social order, yet it must eventually lead to the latter; and so it proved in the case of feudalism, for its very chaotic state brought about, as a necessity, social order. But it came about through survival of the fittest, in conquest and defense. Nor did the most worthy always succeed, but rather those who had the greatest power in ruthless conquest. Unity came about through the unbridled exercise of the predatory spirit, accompanied by power to take and to hold.

This chaotic state of individualistic people was the means of bringing about an improvement in intellectual development. The strong individual character with position and leisure becomes strong intellectually in planning defense and in meditating upon the philosophy of life. The notes of song and of literature came from the feudal times. The determination of the mind to intellectual pursuits appeared in the feudal régime, and individual culture and independent intellectual life, though of the few and at the expense of the majority, were among the important contributions to civilization.

SUBJECTS FOR FURTHER STUDY

1. What was the basis of feudal society?

2. What elements of feudalism were Roman and what Teutonic?

3. What service did feudalism render civilization?

4. Show that feudalism was transition from empire to modern nationality.

5. How did feudal lords obtain titles to their land? Give examples.

6. What survivals of feudalism may be observed in modern governments?

7. When King John of England wrote after his signature "King of England," what was its significance?

8. How did feudalism determine the character of monarchy in modern nations?