Feudalism, as the prevailing order of society, socially, economically, and politically, makes its appearance toward the end of the tenth century. During the disorders consequent upon the disintegration of the empire of the Carolingians (see nos. 15–25) the government failed to supply protection and security, and ceased to act as a bond to hold men together. As a result, certain local, private elements of society, which were very generally diffused throughout that empire, were raised to the rank of public political institutions. It is our purpose to illustrate the origins and growth of feudalism, and the characteristic features of the feudal state. The elements which lay at the basis of the feudal system may be classified under three heads: (1) The personal dependence of one man upon another; (2) dependent tenure of land, in which the holder and user of the land was not the owner, but held it of or from another; (3) the possession by private persons or corporations of extensive sovereign rights over their lands and tenants. These elements were present in various degrees and forms in the German tribes before the migrations and in the later Roman empire, but it will be sufficient for our purpose to show the existence and the character of these elements in the tribal kingdoms and the Frankish kingdom under the Merovingians, for in these states the German and Roman people and institutions were united to form the society of the Middle Age. Then we shall attempt to illustrate the growth and development of these elements in the late Merovingian and in the Carolingian periods, and finally the characteristic features of society in the feudal age. The difficulty in illustrating the situation from public documents will be readily understood; it is due to the fact that these institutions were only partly legal or public, and to the fact that the makers of the laws took for granted a knowledge of the institutions and did not think it necessary to describe or explain them. It is hoped, however, that the notes to the passages translated will make clear their meaning and importance.

180–197. Origins.

180–183. Personal Dependence.

In the documents of the tribal kingdoms and Merovingian kingdom (ca. 500–700) there are many evidences of the importance for society of the dependence of one man upon another, and of the fact that this relation was superseding in importance the relation of the private man to the state. On the one hand, men became dependents and retainers of the king and the great officials and lords for mutual advantages, the superior gaining the prestige that came with the possession of a large following, and the dependents gaining employment under and connection with the great persons of the state. On the other hand, poor land-owners, or persons without lands of their own, commended themselves to landlords for the purpose of receiving protection and support. In both cases the personal dependence was connected with the holding of land, for the king or great lord frequently gave land to his followers, while the poor man who commended himself to another usually did it for the purpose of acquiring land to cultivate; this side of the relation, however, will be seen more clearly under the next section.

180. Form for the Creation of an Antrustio by the King.

Marculf’s FormulÆ, I, no. 18; M. G. LL. 4to, V, p. 55.

Most of the following documents are taken from books of formulÆ; that is, collections of forms of documents made by various persons to serve as examples for the drawing up of charters, etc. They were probably made from actual documents by leaving out the names and inserting ille (such an one) or similar expressions. The formulÆ of Marculf were written at the end of the seventh century. We quote them from the edition in the Monumenta GermaniÆ, Leges, vol. v, giving only the pages in that volume after the first reference.

It is right that those who have promised us unbroken faith should be rewarded by our aid and protection. Now since our faithful subject (name) with the will of God has come to our palace with his arms and has there sworn in our hands to keep his trust and fidelity to us, therefore we decree and command by the present writing that henceforth the said (name) is to be numbered among our antrustiones.{82} If anyone shall presume to slay him, let him know that he shall have to pay 600 solidi as a wergeld for him.

181. Form for the Suspending of Lawsuits.

Marculf, I, no. 23; p. 57.

One great advantage that the dependent possessed was the support and influence of his lord in judicial trials and other matters of the sort.

Know that we have ordered the apostolic man (name) [a bishop] or the illustrious man (name) [a secular official or lord] to go to a certain place, and we now command that as long as he is away all his lawsuits, and those of his clients and dependents and people that live within his jurisdiction, are to be suspended. Therefore we decree and order by the present writing that until he returns all his cases and those of his clients, both those who go with him and those who stay on his lands, and of his people who live within his jurisdiction, shall be suspended, and afterwards he shall do justice to everyone and receive justice from everyone.

182. Form for Commendation. Middle of Eighth Century.

FormulÆ Turonenses, no. 43; p. 158.

Notice the reason given by the person who commends himself, the effects of commendation on both parties, and the binding nature of the agreement. The reason alleged (extreme poverty) is probably a mere form of speech, and was not present in each actual instance of commendation.

To my great lord, (name), I, (name). Since, as was well known, I had not wherewith to feed and clothe myself, I came to you and told you my wish, to commend myself to you and to put myself under your protection. I have now done so, on the condition that you shall supply me with food and clothing as far as I shall merit by my services, and that as long as I live I shall perform such services for you as are becoming to a freeman, and shall never have the right to withdraw from your power and protection, but shall remain under them all the days of my life. It is agreed that if either of us shall try to break this compact he shall pay — solidi, and the compact shall still hold. It is also agreed that two copies of this letter shall be made and signed by us, which also has been done.

183. Form by which the King Allows a Powerful Person to Undertake the Cases of a Poor Person.

Marculf, i, no. 21; pp. 56 f.

Our faithful subject, (name), with the will of God has come to us and told us that he is not able on account of his weakness to defend or to prosecute his cases before the court. Therefore he has besought us to allow the illustrious man (name) to take up his cases for him, both in the local court and in the royal court, whether he prosecutes or is prosecuted, and he has commended his affairs to him in our presence by the staff. Therefore we command, in accordance with the desire of both parties, that the aforesaid man (name) may undertake the cases of the other (name), and that he shall do justice for him and for all his possessions, and get justice for him from others; this shall be so, as long as both desire it.

184–188. Dependent Tenure of Land.

Absolute ownership of land was giving place to possession of land owned by others than the holder. The greater landlords (the king, the church, and the great officials and lords) sought to acquire cultivators for their lands, while the poorer land-owners and the persons without lands of their own sought a means of livelihood or protection. The usual form was the benefice or the precarium. The benefice was the name applied generally in this time to land the use of which was granted by the owner to others for a term of years, for life, or in perpetuity. The precarium was a form of the benefice, the name being technically applied to lands thus granted in response to a letter of request or prayer (litterÆ precariÆ). It will be seen from the documents that the lands were usually those that had been given originally by the poor land-holder to the greater landlord and then received back as benefice or precarium. The reason was undoubtedly in many cases the desire of the owner to come under the protection of the greater landlord. The king also gave land to his followers and officials, either to bind them to him or to reward them for services; it is probable, although not certain, that these lands, in part at least, were held only for life or a term of years, on condition of services or faithfulness, and so were in a sense benefices.

184. Form for the Gift of Land to a Church to be Received back by the Giver as a Benefice.

Marculf, II, no. 3; pp. 74 ff.

... I, (name), and my wife, (name), in the name of the Lord, give by this letter of gift, and transfer from our ownership to the ownership and authority of the monastery of (name), over which the venerable abbot (name) presides, and which was founded in the honor of (name) by (name) in the county of (name), the following villas{83} (name), situated in the county of (name), with all the lands, houses, buildings, tenants, slaves, vineyards, woods, fields, pastures, meadows, streams, and all other belongings and dependencies, and all things movable and immovable which are found in the said villas now or may be added later; in order that under the protection of Christ they may be used for the support and maintenance of the monks who dwell in the aforesaid monastery. We do this on the condition that as long as either of us shall live we may possess the aforesaid villas, without prejudice to the ownership of the monastery and without diminution of the value of them, except that we shall be allowed to emancipate any of the slaves that dwell on the lands for the salvation of our souls. After the death of both of us, the aforesaid villas with any additions or improvements which may have been made, shall return immediately to the possession of the said monastery and the said abbot and his successors, without undertaking any judicial process or obtaining the consent of the heirs.

185. Form for a Precarial Letter.

Marculf, II, no. 5; pp. 77 f.

To our lord and father in Christ, the holy and apostolic bishop (name), I (name), and my wife (name). It is well known that we have given in the name of the Lord our villa of (name), situated in the county of (name), in its entirety and with all that we possessed there, by a letter of gift to the church of (name), founded in the honor of (name), and that you have received it on behalf of the said church. And in response to our petition you have granted that as long as we or either of us shall live we shall hold the said villa as a benefice with the right of usufruct,{84} with the understanding that we shall not diminish its value in any way or alienate anything that belongs to it, but shall hold it without prejudice to the ownership of the said church or bishop. Therefore we have written this precarial letter in witness that our possession shall not work any prejudice to your ownership or any injury to the said villa; but that we only have the use of it during our lives, and that after we are dead you shall immediately recover it with all the additions and improvements which we may have made, by virtue of this precarial letter, which shall be renewed every five years, and without requiring any judicial process or obtaining the consent of the heirs; and that thereafter you shall hold it forever, or do with it whatever may seem to you to be to the best interests of the said church.

186. Form of Precarial Letter.

Marculf, II, no. 39; pp. 98 f.

To our lord and father in Christ, the holy and apostolic bishop (name), I (name), and my wife (name). Since you have permitted us, as long as we or either of us shall live, to hold the land (name) belonging to your church (name), which (name) gave to the said church for the salvation of his soul, therefore for this permission and for the salvation of our souls we have given this other place (name), to belong to the said church and to you and your successors after we are both dead. This we have done on the condition that as long as we live we may possess the said places, both that which you have permitted us to use and the one which we have given you for the salvation of our souls, with the right of usufruct, without diminishing its value or prejudicing the rights of your church; and that after we are dead the said places shall immediately revert to your ownership by virtue of this precarial letter, without requiring any renewal of the letter, and in spite of any opposition from our heirs or from anyone else.

187. Form of Precarial Letter.

FormulÆ Bituricenses, no. 2; p. 169.

To the lords (names), we (name), and (name). It is well known that our father lived on your lands and made a precarial letter to you for them, which we now renew and sign, humbly beseeching you to allow us to remain on the same lands.{85} In order that our possession of the lands may not prejudice the rights of you and your successors in them, we have deposited with you this precarial letter, agreeing that if we ever forget its terms, or ever refuse to obey you or your agents in anything which you command, or ever assert that this is not your land, we may be punished according to the severity of the law as wicked violators of your rights, and may be driven from the lands without judicial sentence.

188. Gift of Land to be Received back and Held in Perpetuity for a Fixed Rent.

FormulÆ Augienses, B, no. 8; pp. 352 f.

The first part of the form, including the original gift of the land, is omitted in the original, but may be supplied from a preceding number.

I do this on the condition that as long as I live I may hold the said lands for the said rent, and that my children and their posterity may do the same forever.

189. Treaty of Andelot, 587.

M. G. LL. 4to, II, I, no. 6; Gregory of Tours, IX, ch. 20.

In accordance with the treaties made between Gunthram and Sigebert of blessed memory, it is likewise agreed that those leudes,{86} who after the death of Chlothar I first gave their oaths to Gunthram and then later removed to other parts, are to be made to return from the places where they are now dwelling. It is also agreed that those who, after the death of Chlothar I, gave their oaths to Sigebert and then removed to other parts are in a similar manner to be made to return. Likewise whatever the aforesaid kings bestowed or with the consent of God wished to bestow upon churches or upon their faithful subjects, shall remain in the possession of the churches or subjects. And whatever shall be restored in this way to the subject of either king, legally and justly, shall be held by that person as his own.... And let each one possess in security whatever he has received through the munificence of preceding kings, to the time of the death of Chlothar I of blessed memory, and if anything has been taken from the faithful subjects since that time, it shall be restored to them from this moment.... Likewise it is agreed that neither of the kings shall entice away the leudes of the other or receive them; but if some of the leudes believe they are justified in leaving their king by reason of injuries done to them, they are to be compensated for their injuries, and made to return....

190–194. Grants of Immunity.

In the feudal age practically every landlord exercised over his lands and tenants rights and authority which are now regarded as sovereign rights belonging to the state. This was due in the main to the practice of the Merovingian and Carolingian kings of granting immunity to the churches and the great landlords, a practice which naturally grew with the increasing weakness of the monarchy and the growth of the power of the nobles. A grant of immunity operated to exclude the public officials from lands, which were then in theory under the immediate control of the king. In the late Merovingian period the weakness of the kings and the disorganization of the public administration left the control of immunity domains really in the hands of the landlords. The holder of land covered by a grant of immunity thus came to represent the state to the people on his lands. He established courts for the trial of cases arising among his tenants or represented them before the public courts; he was also frequently given the right to collect the taxes, revenues, tolls, etc., from the lands of people, which would otherwise go to the royal treasury. Most of the grants of immunity which have come down to us are in favor of church lands, but they were also granted to secular lords. The churches preserved their documents better than secular persons did.

190. Precept of Chlothar II, 584–628.

M. G. LL. 4to, II, 1, no. 8.

Notice the references to immunity, to grants of land to "churches and powerful persons" (lords and officials), and the implied right of such landlords to appoint judges for trial of cases among their tenants (private jurisdiction).

11. We grant to the churches the taxes from the fields and pastures and the tithes of swine, so that no collector or titheman shall enter the lands of a church to gather such dues for the royal treasury. Public officials shall not demand any services from the churches of clergymen who have acquired immunity from our father or grandfather.

12. Whatever has been given to churches or to clergymen or to any person through the munificence of our aforesaid predecessors of blessed memory is to belong to them in all security.

14. The property of churches, priests, and of the poor who cannot protect themselves, shall be under the protection of public officials until their cases can be brought to the king and justice be done; only in so far, however, as it shall not infringe on the rights of immunity which have been granted by former kings to any church or powerful person or to anyone else, for the keeping of peace and the preservation of discipline.

19. Bishops and powerful persons who have possessions in various regions shall not appoint travelling judges or any judges except such as belong to the county in which they serve.

191. Grant of Immunity to a Monastery, 673.

M. G. DD. folio, I, pp. 30 f; Altmann und Bernheim, no. 112.

Childeric, king of the Franks, illustrious man.... We have commanded it to be made known to all that the venerable and pious abbot Berchar came to us and asked us to grant him a certain place in the forest of Vervo in Gascony, in which he might build a monastery, and to give him material and resources by which he might construct a monastery there and establish a congregation of monks. Now the request of this great man pleased us and we granted him what he asked. Then having built his monastery ... in the honor of Sts. Peter and Paul and the other saints, he besought us, in order to make secure the whole undertaking, to bestow complete immunity upon the monastery. Therefore, we, moved to this by the kindness which Heaven has shown to us, have hearkened to the prayer of this man ... and with the consent of our bishops and nobles do now concede entire immunity over the whole possessions of this monastery ... for the peace of our kingdom and for the reverence which we have for this religious place. We command that no public official of any authority shall presume to enter the lands of this monastery ... for the purpose of hearing cases, of seizing securities, of collecting taxes, of demanding entertainment, or of extorting tolls from cities or markets; nor shall he presume to exact any taxes or payments whatever, but the monks shall rule and possess, both in our time and in the future, all the property of this monastery in all places and lands, where they have possessions, as aforesaid, without being subject to the entrance of officials or to exactions on the part of the royal treasury....

192. Form of a Grant of Immunity to a Monastery.

Marculf, I, no. 3; pp. 43 f.

We believe that our reign will best be rendered memorable, if we bestow suitable benefits on churches (or whatever you wish to insert here), with pious purpose, and if we secure these benefits under the protection of God by putting them in writing. Therefore, be it known to you that we have granted the request of that apostolic man, the bishop of (name), for the salvation of our souls; namely, that no public official may enter the lands which his church holds now, by our gift or by the gift of anyone else, or which his church may receive in the future, for the purpose of trying cases, or collecting taxes; but that the said bishop and his successors shall hold the said lands in the name of the Lord with full immunity. We decree therefore that neither you nor any of your subordinates or successors, nor any other public official shall presume to enter the lands of the said church for the purpose of trying cases, of collecting taxes or revenues, or receiving entertainment or seizing supplies or securities. All the taxes and other revenues which the royal treasury has a right to demand from the people on the lands of the said church, whether they be freemen or slaves, Romans or barbarians, we now bestow on the said church for our future salvation, to be used by the officials of the church forever for the best interests of the church.

193. Form by which the King Granted Lands with Immunity to Secular Persons.

Marculf, I, no. 14; pp. 52 f; Altmann und Bernheim, no. 113.

Those who from their early youth have served us or our parents faithfully are justly rewarded by the gifts of our munificence. Know therefore that we have granted to that illustrious man (name), with greatest good will, the villa called (name), situated in the county of (name), with all its possessions and extent, in full as it was formerly held by him or by our treasury. Therefore by the present charter which we command to be observed forever, we decree that the said (name) shall possess the villa of (name), as has been said, in its entirety, with lands, houses, buildings, inhabitants, slaves, woods, pastures, meadows, streams, mills, and all its appurtenances and belongings, and with all the subjects of the royal treasury who dwell on the lands, and he shall hold it forever with full immunity from the entrance of any public official for the purpose of exacting the royal portion of the fines from cases arising there; to the extent finally that he shall have, hold, and possess it in full ownership, no one having the right to expect its transfer, and with the right of leaving it to his successors or to anyone whom he desires, and to do with it whatever else he wishes.

194. Grant of Immunity to a Secular Person, 815.

Altmann und Bernheim, no. 114.

In the name of our Lord and Savior Jesus Christ. Ludwig, by divine providence emperor, Augustus. Be it known to all our subjects, present and future, that our faithful subject, John, has come to us and commended himself to us, and has besought us to confirm to him the possession of lands [described] which he and his sons and their men have cleared and occupied. He has shown us the charter which he received from our father Karl the Great. We have consented to do this and have done even more; we have given him certain villas [named] with their extent and dependencies ... granting that he and his sons and his posterity may hold them in peace and security. No count, vicarius, or their subordinates, or any other public official shall presume to judge or constrain any persons living on those lands, but John and his sons and their posterity shall judge and constrain them....

195–208. Growth of the Feudal Elements During the Late Merovingian and the Carolingian Period.

The elements which we have just described and illustrated were essentially private in their nature. They assumed, however, political importance in the threatened dissolution of society, due to the failure of the public government. In a period when the state was unable to give adequate protection to the common individual, that person naturally regarded his allegiance to his real protector, his lord or landlord, as of more importance to him than his relation to the state. The natural tendency of powerful persons to increase their power over their dependents and their independence of higher authority was given its opportunity by the weakness of the monarchy and the central government. The four centuries from 550–950 were in the main a period of disorder, interrupted, of course, by the period of Carolingian strength, including the reigns of Karl Martel, Pippin, and Karl the Great. During these four centuries the existing feudal elements developed and hardened into a system of society, and two new features were added: the feudalizing of offices, and the connection of land-holding with military service. These are so characteristic of the feudal age that their origin is illustrated here.

195–196. The Feudalizing of Public Offices.

By this is meant the practice of inheritance of office and the union in one person of the characteristics of an official and a great landlord. Thereby the local officials of the king, such as the counts, tended to form an hereditary landed nobility, the office being held usually by the great landed family of the county. It is obvious that this tendency would grow in a period when the monarchy and the central government was weak, the king either being unable to restrain the powerful local officials or else granting them these privileges in order to retain their support. It is obvious also that the local officials would strive to increase their private advantages—possession of land, and personal authority over the inhabitants of their lands or districts—at the expense of their public position as representatives of the king. So in the feudal period in France, Italy, and Germany (in the last named the development was much slower), the titles duke, margrave (marquis), count, etc., ceased to have an official significance and became the titles of a landed aristocracy.

195. Edict of Chlothar II, 614.

M. G. LL. 4to, II, 1, no. 9.

12. No one from another province or region shall be made judge [count] in any county; so that if a count has done injury to anyone he may be forced to make good the injury from his own possessions.

The count, like the grafio of the Salic law, was originally a servant of the king sent into the county to look after the king’s interests there. It appears from this document that the counts were now appointed from among the land-owners of the county.

196. Capitulary of Kiersy, 877.

M. G. LL. 4to, II, 2, no. 282.

The capitulary of Kiersy was published by Charles the Bald, just before he left France for Italy, and was intended to regulate the affairs of the kingdom, which was entrusted to his son during his absence. It shows how completely the practice of inheritance of land and office had developed during the Carolingian period. The office, position, and lands of counts, vassals of the king, and vassals of ecclesiastical and secular lords were regarded as hereditary by this time.

3. If a count whose son accompanies us shall die during our absence, our son with the advice of our faithful subjects shall appoint one of the near relatives of the deceased count to govern the county with the aid of the officials of the county and the bishop in whose diocese it is, until we are notified of the case and have an opportunity to give the son of the count his father’s honors. But if the deceased count shall leave a minor son, that son shall govern the county with the aid of the officials and the bishop in whose diocese it is, until the death of the said count has been brought to our notice and we endow the son with his father’s honors. But if the count shall not leave a son, our son with the advice of our faithful subjects shall appoint someone to govern the county with the aid of the officials of the county and the bishop, until our commands in respect to it are made known. And no one shall feel aggrieved, if we give the county to another than the one who governed it up to the time of our appointment. The same procedure shall be observed in regard to our vassals; and the bishops, abbots, and counts of our kingdom, and our other faithful subjects, shall do the same toward their men.

197–202. The Military Obligation of the Holder of Land.

The connection of military service with the holding of land and with noble character is one of the characteristic features of the feudal system. The feudal noble was regularly the holder of a fief on terms of allegiance and military service to his superior. In the Germanic tribes military service was obligatory on every freeman, but there was also a fighting Élite, or aristocracy, composed of the chiefs and their followers (see no. 1, Tacitus, chapters 13 and 14). The military obligation of the freeman remained in theory during the Merovingian and Carolingian periods, but in practice it was connected rather with the possession of land and was performed largely by the lords and their followers. Towards the end of the Merovingian period, much of the land was in the possession of the church and was escaping from public burdens because of immunity. Karl Martel found it necessary to increase the military strength of the kingdom; the particular occasion is supposed to have been the need of horsemen to meet the Arab invasion. He accordingly forced the churches to give portions of their lands to secular persons who could perform military service, and the holders of these lands were required to bring a troop of mounted warriors to the army. Such lands were held on terms of military service to the state and as precaria from the church. The same conditions were then attached to lands held from the king, and the term benefice—used in the earlier period of lands held from another in general—now came to be applied technically to lands held from the king or superior on condition of performing military service, usually on horseback. The number of mounted soldiers the holder of a benefice had to furnish of course varied with the size of his holding. The great lords raised the necessary troops by giving portions of their lands to their retainers on condition that the retainers should accompany them to war. So the obligation to perform military service was attached also to the small estates held not directly from the king, but from a great lord. We give here references to the appropriation of church lands, to the relation of the holder of the lands to the church and to the king, and to the extension of the name and practice to other than church lands.

197. Capitulary of Lestinnes, 743.

M. G. LL. 4to, II, 1, no. 11.

This is a capitulary of Carlmann, the brother of Pippin. It is the earliest case which has come down to us of appropriation of church lands for the purpose referred to.

2. Because of the threats of war and the attacks of certain tribes on our borders, we have determined, with the consent of God and by the advice of our clergy and people, to appropriate for a time part of the ecclesiastical property for the support of our army. The lands are to be held as precaria for a fixed rent; one solidus, or twelve denarii, shall be paid annually to the church or monastery for each casata [farm]. When the holder dies the whole possession shall return to the church. If, however, the exigency of the time makes it necessary, the prince may require the precarium to be renewed and given out again. Care shall be taken, however, that the churches and monasteries do not incur suffering or poverty through the granting of precaria. If the poverty of the church makes it necessary, the whole possession shall be restored to the church.

The whole capitulary, of which paragraph 2 is translated, is concerned with ecclesiastical matters; accordingly only the interests of the church in the military benefice is explained here. The relation of the holder to the state comes out in other documents. Notice the express reason given for the appropriation, and the relation of the holder to the church from which the land was held.

198. Capitulary of Aquitaine, Pippin, 768.

M. G. LL. 4to, II, 1, no. 18.

5. Whoever holds a benefice from us shall be careful and diligent in its management; otherwise he shall lose the benefice, but retain his own property.

11. All secular persons who hold church lands shall hold them as precaria.

Paragraph 5 refers to lands held from the king. Notice the distinction made between such land and land held in full ownership. Paragraph 11 repeats the provision made in the preceding number, that lands held from the church as benefices are to be regarded as precaria; this is found in a number of capitularies of this period, suggesting that the holders were apt to forget their obligation to the church and to treat the land as their own property.

199. Capitulary of Heristal, 779.

M. G. LL. 4to, II, 1, no. 20.

14. (Lombard form.) Laymen who hold lands from churches as benefices by the command of the king, are to continue to hold them unless the king orders them restored to the churches.

200. General Capitulary to the Missi, 802.

M. G. LL. 4to, II, 1, no. 33.

Part of this capitulary is also translated as no. 9. This and the following document illustrate the holding of royal benefices, and the difficulty in making the holders perform their duties. It was part of the duty of the missi to look after the royal benefices.

6. No man shall lay waste a benefice in order to improve his own property.

201. Capitulary to the Missi, 806.

M. G. LL. 4to II, 1, no. 46.

6. We have heard that counts and other men who hold benefices from us have improved their own property at the expense of the benefices, and have made the serfs on the benefices labor on their own land, so that our benefices are waste and those dwelling on them in many places suffer great evils.

7. We have heard that some sell the benefices which they hold from us to other men in full ownership, and then, having received the price in the public court, they buy back the lands as allodial lands. This must not be done, for those who do this break the faith which they promised us.

202. Capitulary Concerning Various Matters, 807.

M. G. LL. 4to, II, 1, no. 49.

3. Concerning the Frisians, we command that our counts and vassals who hold benefices, and all horsemen in general, shall come to our assembly prepared for war.

203–208. Effect of the Carolingian Organization on the Growth of Feudalism.

Karl the Great succeeded in reducing the great dukes to subjection (see no. 7, Einhard, ch. 5 and 11, and notes), and enforcing obedience to law in general throughout his empire, but he did not interfere with the immunity rights of churches and lords over the inhabitants of their lands or with dependence of vassals and tenants on the great land-owners. Indeed, his attempt to reduce everything to law and system resulted in completing and fixing these relations. The following passages illustrate the increased dependence of the lower orders and the greater and more complete authority of the powerful persons in the state.

203. General Capitulary to the Missi, 805.

M. G. LL. 4to, II, 1, no. 44.

16. Concerning the oppression of poor freemen: that they are not to be unjustly oppressed by more powerful persons on any pretext, and forced to sell or give up their property.

204. Capitulary of 811.

M. G. LL. 4to, II, 1, no. 73.

This and the preceding document illustrate the attempts of the great lords to round out their domains and increase the number of their dependent tenants by forcing poor free land-owners to give up their lands and become tenants.

2. Poor men complain that they are despoiled of their property, and they make this complaint equally against bishops and abbots and their agents, and against counts and their subordinates.

205. Capitulary of Worms, 829.

M. G. LL. 4to, II, 2, no. 193.

6. Freemen who have no lands of their own, but live on the land of a lord, are not to be received as witnesses, because they hold land of another; but they are to be accepted as compurgators, because they are free. Those who have land of their own, and yet live on the land of a lord, are not to be rejected as witnesses because they live on the land of a lord, but their testimony shall be accepted, because they have land of their own.

Notice the effect that dependent tenure of land is having on the legal status of freemen.

206. Capitulary of Aachen, 801–813.

M. G. LL. 4to, II, 1, no. 77.

16. No one shall leave his senior, after he has received from him the value of a solidus, unless his senior attempts to kill him, to beat him with a club, to violate his wife or his daughter, or to take his hereditary possession from him.

207. Agreement of Lothar, Ludwig, and Charles, 847.

M. G. LL. 4to, II, 2, no. 204.

2. We decree that every freeman shall accept whatever senior he wishes in our kingdom, from among us and our faithful subjects.

3. We command that no man shall leave his senior without good cause, and that no lord shall receive a man who has left his senior, unless it be in accordance with the customs of our predecessors.

4. Every subject of each one of us shall go to war or other necessary expedition with his senior, unless the kingdom is invaded and all the subjects are called out in mass to repel it, which is called landwehr.

208. Capitulary of Bologna, 811.

M. G. LL. 4to, II, 1, no. 74.

5. If any man who holds a benefice of the king shall release his subject from going to war with him or shall refuse to allow him to go and fight with him, he shall lose his benefice.

7. Concerning the vassals of the emperor who serve him in the palace, and have benefices. It is decreed that those who remain at home with the emperor shall not keep their tenants with them, but shall let them go to war with the count of the county.

The name senior is used in Carolingian documents for the lord who has authority over dependent tenants and vassals. Notice in the two documents preceding that the subjects of a lord are bound to him by law, and that they go to war, not with the general levy under command of public officials, but with their fellows of the same lands under command of the senior.

209–228. The Feudal System in its Definite Form.