36 EMPLOYMENT OF THE PLEBISCITE [334 



turies no peaceful alienation of fiefs by the seigneur could 

 be pronounced without the consent of the vassals and that 

 in some cases the bourgeois asserted the right of choosing 

 their own liege lord. 



However, such consent cannot be construed as a conces- 

 sion or assumption of popular rights in the modern concep- 

 tion. The relations between seigneur and vassal were of a 

 personal character, based on the need of mutual protection. 

 As Flach expresses it, " to attach hearts was in this period 

 of unbridled violence the essential point. It was the surest, 

 in truth, the only way, to be assisted, supported and pro- 

 tected. . . ,"-^ Fulbert de Chartres has formulated the 

 relations of vassal and lord in the year 1020.^'' The duties 

 of the vassal he divides into negative and positive obliga- 

 tions. He must do nothing to harm the life and estate of 

 his liege lord, and he must protect his life and estate. 

 " However the lord in all his relations must give to his vassal 

 the same in return." " Dominus quoque fideli suo in his 

 omnibus vicem reddere debet." Hence the lord conceded 

 to his vassal the right of consent or refusal to a change of 

 feudal allegiance, but he did concede it as a measure of 

 prudence and self-protection. For a vassal forced to an 

 unwilling allegiance was a poor protection and a doubtful 

 security for the new lord and the changes of allegiance 

 were indeed many. As Luchaire remarks, " feudal France, 

 from the point of view of territorial conditions, has been 

 something essentially moving and floating [flottant]. . . ." 

 " In almost all regions of France the order of tenures or 

 dependence [dcs vwuvattces] has varied not only from 

 period to period . . . but also considerable changes have 

 taken place during each period, sometimes from one year 

 to another."" 



The same argument holds good for the valuation of the 

 concession to the bourgeoisie of consent or refusal in mat- 

 ters of choice of feudal homage or allegiance to the king. 



^^' Flach, vol. ii, p. 518. 



2" Ibid., quoted, vol. ii, pp. 518-519. 



" Luchaire, p. 221. 



