The Historians' History of the World 08

“While the first period of the German world ends brilliantly with a mighty empire, the second is commenced by the reaction resulting from the antithesis occasioned by that infinite falsehood which rules the destinies of the Middle Ages and constitutes their life and spirit. This reaction is, first, that of the particular nationalities against the universal sovereignty of the Frankish Empire, manifesting itself in the splitting up of that great empire. The second reaction is that of individuals against legal authority and the executive power—against subordination, and the military and judicial arrangements of the constitution. This produced the isolation and therefore defencelessness of individuals. The universality of the power of the state disappeared through this reaction; individuals sought protection with the powerful, and the latter became oppressors. Thus was gradually introduced a condition of universal independence, and this protecting relation was then systematised into the feudal system.”c

COMMENCEMENT OF THE FEUDAL RÉGIME

The true heirs of Charlemagne were not the kings of France, nor those of Germany and Italy, at first, but rather the feudal lords. Not only had the empire been dismembered after the deposition of Charles the Fat, but its composing kingdoms and even its great fiefs as well. Dukes and counts had been quite as powerless as kings against the Northmen, Saxons, and Hungarians, and quite as unable to maintain the vast domains under their control. Populations whose leaders did not know how to bring them together for concerted action had acquired, little by little, the habit of depending upon themselves alone.

After having fled for a long time at the approach of the heathen to the woods among the wild beasts, some stout-hearted people had turned their heads and refused to abandon all their possessions without an attempt at defence. Here and there in mountain gorges, at river fords, on the hill overlooking the plain, entrenchments and walls were raised where the brave and the strong held out. An edict of 853 directed the counts and vassals of the king to repair their old castles and to build new ones. The country was soon covered with fortresses against which invaders flung themselves in vain. A few reverses quickly taught these bold adventurers prudence. They no longer dared to venture so far, to where these strongholds had sprung up from the ground on all sides, and the new invasion meeting with fresh obstacles and difficulties came to an end in the following century. It was not until afterwards that the masters of these castles became the terror of the countryside they had once helped to save.

A Feudal Castle

Feudalism, so oppressive in its age of decline, had therefore its time of lawful and just existence. All power is raised up by its virtues and falls by its abuse.

But what was the new régime? We have seen the matter of acquiring and holding property become more uniform among barbarian nations, by the settlement of heredity upon lands ceded by the king, and the law’s sanction given to another kind of usurpation—the heredity of the royal offices. It was generally the owners of freehold property or of royal lands who became the holders of these offices, which brought about the union of sovereignty and proprietorship in the same hands. This is essentially what constitutes feudalism.

In the absolute monarchy of the Roman Empire public offices in all degrees of the hierarchy were bestowed directly by the ruler, and their disposition remained always in his power, so that he could take them back when and under what condition he pleased. Furthermore the public official held neither the land of the province he governed nor the control of any particular piece of property that he might happen to own as a private citizen. He was bound therefore, as landlord, by the civil law applicable to the whole empire, and as governor, to the voluntary will of his sovereign. In the feudal régime it was exactly the opposite. The lord who enfeoffed, that is, conceded by title of sub-fief some portion of his own fief, gave up entirely to the grantee or vassal the property and its control, and it could not be taken back unless the vassal failed to perform some part of the agreement made at the time of receiving the investiture.