714 
FEODAL SYSTEM. 
time, however, tire state of society began to 
suffer a remarkable alteration. The high and 
disinterested notions from which the happi- 
ness above-mentioned to<>k its origin, declin- 
ed ; the romantic ideas of chivalry ceased; 
and much more interested notions of pro- 
perty came in their stead. The separation 
of the interests of the lords from their vas- 
sals was the first step towards the destruction 
of the feodal system. Thus the incidents, 
which, as has just now been mentioned, pro- 
moted their happiness, did the very reverse. 
Property, being now looked upon as a dis- 
tinction superior to personal merit, naturally 
introduced the most mercenary views. In 
consequence of these, the infant ward, the 
care of whom was wont to be considered as 
a sacred and honorary trust, was now only 
looked upon as a means of procuring emo- 
lument to the superior. The latter now re- 
garded the profits of his vassals as so many 
diminutions of his own wealth. Instead of 
taking care to improve the estate of his ward 
as formerly, he impoverished it; not only 
neglecting the education of the heir, but of- 
fering insults to himself; insomuch that the 
relations of the unfortunate vassal were fre- 
quently obliged to ransom from the avaricious 
superior both his person and effects. By 
merchandise of this kind the coffers of princes 
were filled, and wardships let out to stran- 
gers, who might exercise their rapacity with 
greater freedom. When the vassal at last 
attained the years of maturity, he came to 
the possession of his lands without any of that 
joy and festivity which usually took place on 
the occasion. lie received an inheritance 
wasted and destroyed, while new grievances 
daily presented themselves to augment the 
horrors of his situation. All the incidents, 
which in former times were so many expres- 
sions of gratitude on the part of the vassal, 
were now changed into taxes which might 
be exacted at the pleasure of the lord. Be- 
fore the vassal was invested in his land, the 
superior exacted from him a certain sum or 
other gift, to be measured only by his own 
rapacity ; and in case of delay or inability to 
pay this demand, the superior continued in 
possession of the estate. Such scandalous 
oppression could not but produce the great- 
est discontent and clamour. Applications 
were made to the law without success ; nor 
were even the laws regarded which were fa- 
bricated on purpose for their relief. The in- 
cident of marriage now proved a source of 
the most dreadful oppression. T he lord as- 
sumed a right of marrying his vassal to whom 
he pleased; and he not only exerted this right 
himself, but would sell it to a stranger, or 
allow the vassal to buy it himself ; while the 
penalty annexed to a marriage without the 
consent of the superior involved no less pu- 
nishment than the loss of the estate itseli, or 
some grievous infliction as for a crime of the 
first magnitude. The case was still worse 
with a female ward, whose beauty and ac- 
complishments became a source of gain to 
the superior, or were sacrificed to please his 
whim or caprice ; so that her relations were 
frequently obliged to buy from him the pri- 
vilege of marrying her to the person she or 
they thought most proper. In like manner 
the aid, which v;as formerly a voluntary gift 
from the vassal in cases of distress happening 
to his lord, now became an unavoidable tax. 
An aid formerly was demanded, when the 
eldest daughter of the superior was married, 
when his eldest son was knighted, or when 
the superior himself was taken prisoner in 
battle. These were the only legal causes of 
makingademand of this kind ; but, in the sub- 
sequent times of degeneracy, the most frivo- 
lous pretences were every day made use of 
by the prince to oppress the lords, and by 
the lords to oppress their vassals ; demand- 
ing subsidies at pleasure, which their inferiors 
were always obliged to comply with. Last- 
ly, the escheat, which in former times took 
place only in cases of cowardice, treachery, 
or some other heinous crime, was now inflict- 
ed on the most trifling occasions. If the vas- 
sal happened to be too long in attending the 
court of his superior to take the oath of feal- 
ty; if he committed any action which could 
in the least be construed an infringement of 
the oath ; if he neglected to give his lord 
warning of any misfortune which, he might 
suppose was about to befal him; revealed 
any thing concerning him; made love to his 
sister or daughter, &c; or even if he should 
grant a tenure of laud to another person in 
form different from that in which he held his 
own; all these, nay others still more ridicu- 
lous, were judged sufficient reasons for the 
superior to seize on the estate of the vassal, 
and involve him and his family in ruin. 
Notwithstanding these oppressions, how- 
ever, the vassal was still obliged to submit to 
his lord, to own him as his superior, and 
even in appearance to pay him the same re- 
spect as formerly, when the greatest unani- 
mity and cordial affection subsisted between 
them. Still lie was obliged to perform the 
same military service; because a failure in 
that respect would have subjected him to a 
forfeiture of lands according to the original 
agreement. A vast difference, however, now 
took place in the valour and activity which 
inspired the army. The vassals, forced into 
the field with desponding hears, were indif- 
ferent as to the success of the cause in which 
they were engaged, and frequently obstruct- 
ed instead of forwarding the operations of the 
field. Hence the sovereign found himself 
embarrassed ; and, though nominally at the 
head of a martial and powerful people, was 
frequently unable to effect any thing on ac- 
count of the mutual hatred and dissension 
which every where prevailed. 
Thus the feodal states of Europe became 
unnaturally weak ; a remedy was necessary ; 
and it is remarkable, that the same remedy 
was applied all over the continent. T his 
was, in short, the making fiefs hereditary, 
which till now had only been granted for a 
long term of years; and, in return, burden- 
ing the lands with a certain number of sol- 
diers, which were not to be refused on any 
pretence whatever. Hence was derived the 
tenure of knight-service. A certain portion of 
land, burdened with the service of one horse- 
soldier or knight, was called a knight’s fee ; 
and thus an estate, furnishing any number of 
soldiers, was said to contain as many knight’s 
fees; so that now the manors, baronies, &c. 
became powerful according to the number of 
soldiers they were bound to furnish, in the 
grants from the crown, the nobility were 
obliged to furnish a certain number of sol- 
diers for the service of the sovereign ; and in 
those from the nobility to their vassals the 
like service was required. Even the com- 
mons who had grants from the crown fur- 
nished a certain proportion of knights or ca- 
valry. r l he force of the nation was called 
into action by grants in capite, or from the 
sovereign and nobility. A numerous and 
powerful army was instantly assembled, and 
at once ready for action. Of this army the 
king was the genes al, the nobilif \ wr re the offi- 
cers, and the vassais soldiers, tire whole being 
exactly arranged, and capable of entering 
upon any expedition without the least delay. 
1 bus a remedy was found in some measure 
for the weakness of the feodal sovereigns; 
but, though the knight’s-tejiure could accom- 
plish this, it could not bring back (lie former 
affection and cordiality which subsisted be- 
tween the various ranks of people. On the 
contrary, by uniting them more firmly to one 
another by legal ties, it rendered matters 
rather worse. r l he oppression originating 
from the operation of the feodal incidents 
still continued with unremitting violence. 
Hie grants of knight’s-tenure were attended 
w.th the same oaths of homage and fealty ; 
the same incidents of relief, wardship, mar- 
riage, aid, and escheat ; with the feodal te- 
nures. The princes promised to abate some- 
what of their rigour in demanding the feodal 
perquisites, but did not keep their word. 
Laws were occasionally promulgated, and for 
some time had an effect; but palliatives soon 
became ineffectual, and a new state of weak- 
ness commenced. 
The two remarkable eras in the feodal his- 
tory are, the time before the invention of 
knight’ s-service, and that during which it con- 
tinued. Fiefs were in a state of fluctuation 
from the destruction of the Roman empire 
till the ninth century ; but they w ere ren- 
dered perpetual in France about the year 
877, and were generally become so in every 
country in Europe about the beginning of 
the tenth. Du Cange, voce Militia , gives 
us an example of a knight's fee in the year 
880. By the year 987, when Hugh Capet 
was raised to the throne of France, knight- 
service was become general all over Europe, 
and was introduced into England, after hav- 
ing made its appearance in other countries* 
in England, however, there have been seve- 
ral doubts and difficulties among the learned j 
concerning tire introduction of the feodal 
laws. Many are of opinion, that they were 
first introduced by William the Conqueror ; 
and, consequently, that they were entirely 
unknown to the Anglo-Saxons: but othe.s 
think that they existed among the latter in 
the same form under which they were con- 
tinued by the Normans. Dr. Stuart is of 
opinion, that the Saxons who settled in Eng- 
land could not be strangers to fiefs. He sup- 
poses the conformity of manners, which un- 
doubtedly prevailed between the Saxons and 
other barbarians, a sufficient proof that the 
hereditary grant of land, as well as the fluc- 
tuating state of feodal tenures which preceded 
it, were known to the former. Collateral \ 
proofs are derived from the spirit and tenure 
of the Anglo-Saxon laws, but especially from 
the grants ot hereditary estates on condition 
of military service. The condition of fief's, 
however, under the Anglo-Saxons, was very 
different from what it was afterwards. In 
their times, we find no' mention made of 
those oppressions of which so much notice 
has already been taken ; and this may easily 
be accounted for from the alteration of the 
feodal spirit in different ages. During the 
