English feudalism |
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Manorialism |
Feudal land tenure in England |
Feudal duties |
Feudalism |
Feudal duties were the set of reciprocal financial, military and legal obligations among the warrior nobility in a feudal system. [1] These duties developed in both Europe and Japan with the decentralisation of empire and due to lack of monetary liquidity, as groups of warriors took over the social, political, judicial, and economic spheres of the territory they controlled. [2] While many feudal duties were based upon control of a parcel of land and its productive resources, even landless knights owed feudal duties such as direct military service in their lord's behest. Feudal duties were not uniform over time or across political boundaries, and in their later development also included duties from and to the peasant population, such as abergement. [3]
Feudal duties ran both ways, both up and down the feudal hierarchy; however, aside from distribution of land [4] and maintenance of landless retainers, the main obligation of the feudal lord was to protect his vassals, both militarily from incursion and judicially via court justice. [5] [6] In addition to lands, the lord could grant what were called "immunities", but were rights to conduct governmental functions such as the collecting of taxes and tolls, the holding of judicial proceedings, and even the coinage of money. [7] In addition there were contingent duties the lord owed such as the duty to take back a fief that was rejected by an heir ( droit de déguerpissement ). [8] Sometimes, particularly in the Frankish kingdoms, a lord would grant a fief to an assemblage of men rather than to a single vassal. These grants were called bans [9] and included extensive governmental autonomy, or immunities. [10]
Duties owed by a vassal to his lord can be categorised into four types: [11]
In Europe, church lands were also held with feudal duties. While some churchmen did provide direct military service, most either hired substitutes, paid scutage, or later converted the duty to one of prayer, frankalmoin. [11]
Feudal duties included, but were not limited to:
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour.
A fief was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal allegiance, services or payments. The fees were often lands, land revenue or revenue-producing real property like a watermill, held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting, fishing or felling trees, monopolies in trade, money rents and tax farms. There never existed a standard feudal system, nor did there exist only one type of fief. Over the ages, depending on the region, there was a broad variety of customs using the same basic legal principles in many variations.
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period.
A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain. The rights and obligations of a vassal are called vassalage, while the rights and obligations of a suzerain are called suzerainty. The obligations of a vassal often included military support by knights in exchange for certain privileges, usually including land held as a tenant or fief. The term is also applied to similar arrangements in other feudal societies.
Scutage was a medieval English tax levied on holders of a knight's fee under the feudal land tenure of knight-service. Under feudalism the king, through his vassals, provided land to knights for their support. The knights owed the king military service in return. The knights were allowed to "buy out" of the military service by paying scutage.
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King, principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term.
In medieval and early modern Europe, a tenant-in-chief was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them from another nobleman or senior member of the clergy. The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army.
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute Quo Warranto also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name Quia Emptores derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
Knight-service was a form of feudal land tenure under which a knight held a fief or estate of land termed a knight's fee from an overlord conditional on him as a tenant performing military service for his overlord.
A feudal baron is a vassal holding a heritable fief called a barony, comprising a specific portion of land, granted by an overlord in return for allegiance and service. Following the end of European feudalism, feudal baronies have largely been superseded by baronies held as a rank of nobility, without any attachment to a fief. However, in Scotland, the feudal dignity of baron remains in existence, and may be bought and sold independently of the land to which it was formerly attached.
A lordship is a territory held by a lord. It was a landed estate that served as the lowest administrative and judicial unit in rural areas. It originated as a unit under the feudal system during the Middle Ages. In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time, is not endowed with indispensable rights and duties of the sovereign. Lordship in its essence is clearly different from the fief and, along with the allod, is one of the ways to exercise the right.
In the law of the Middle Ages and early modern period, especially within the Holy Roman Empire, an allod, also allodial land or allodium, is an estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation.
Homage in the Middle Ages was the ceremony in which a feudal tenant or vassal pledged reverence and submission to his feudal lord, receiving in exchange the symbolic title to his new position (investiture). It was a symbolic acknowledgement to the lord that the vassal was, literally, his man (homme). The oath known as "fealty" implied lesser obligations than did "homage". Further, one could swear "fealty" to many different overlords with respect to different land holdings, but "homage" could only be performed to a single liege, as one could not be "his man" to more than one "liege lord".
A heerlijkheid was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are manor, seigniory and lordship. The German equivalent is Herrschaft. The heerlijkheid system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium.
Feudal relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to license him to take possession of his fief, i.e. an estate-in-land, by inheritance. It is comparable to a death duty or inheritance tax.
Feudal aid is the legal term for one of the financial duties required of a feudal tenant or vassal to his lord. Variations on the feudal aid were collected in England, France, Germany and Italy during the Middle Ages, although the exact circumstances varied.
In the kingdom of England, a feudal barony or barony by tenure was the highest degree of feudal land tenure, namely per baroniam, under which the land-holder owed the service of being one of the king's barons. The duties owed by and the privileges granted to feudal barons are not exactly defined, but they involved the duty of providing soldiers to the royal feudal army on demand by the king, and the privilege of attendance at the king's feudal court, the MagnumConcilium, the precursor of parliament.
Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defence and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees.
Feudalism in the Holy Roman Empire was a politico-economic system of relationships between liege lords and enfeoffed vassals that formed the basis of the social structure within the Holy Roman Empire during the High Middle Ages. In Germany the system is variously referred to Lehnswesen, Feudalwesen or Benefizialwesen.
From the Norman Conquest of 1066 to the death of King John in 1216, England was governed by the Norman and Angevin dynasties. The Norman kings preserved and built upon the institutions of Anglo-Saxon government. They also introduced new institutions, in particular, feudalism. For later developments in English government, see Government in late medieval England.