The Source of feudal Laws

The feudal laws form a very beautiful prospect.

THE conquerors of the Roman empire came from Germany.

Caesar making war against the Germans and described their manners.

Upon these, he regulated some of his enterprises.

Tacitus has written an entire work on the manners of the Germans.

These two authors agree so perfectly with the codes still extant of the laws of the barbarians, that:

• when reading Caesar and Tacitus, we imagine we are perusing these codes
• when perusing these codes, we fancy we are reading Caesar and Tacitus.

Chapter 3: The Origin of Vassalage

Caesar said that:

• the Germans neglected agriculture. Most of them lived on milk, cheese, and flesh.
• no one had lands or boundaries of his own
• the princes and magistrates of each nation allotted what portion of land they pleased, to individuals, and obliged them the year following to remove to some other part.

The Nomadic Vassals

Tacitus says that each prince had men attached to his service, and followed him wherever he went.

They tried to obtain the prince’s esteem.

The princes tried to distinguish themselves in the bravery and number of their companions.

Their dignity and power relied in being constantly surrounded with many young and chosen people.

this they reckon= their ornament Edition: curr= ent; Page: [362] in peace, this their defence and support in war.

Their name becomes famous at home, and among neighbouring nations, when they excel all others in the number and courage of their companions.

They receive presents and embassies from all parts. Reputation frequently decides the fate of war.

In battle it is infamy in the prince to be surpassed in courage; it is infamy in the companions not to follow the brave example of their prince, it is an eternal disgrace to survive him. To defend him is their most sac= red engagement.

If a city be at peace, the princes go to those who are at w= ar; and it is thus they retain a great number of friends.

To these they giv= e the war-horse and the terrible javelin. Their pay consists in coarse but = plentiful repasts. The prince supports his liberality merely by war and plu= nder.

You might easier persuade them to attack an enemy, and to expose them= selves to the dangers of war, than to cultivate the land, or to attend to the cares of husbandry; they refuse to acquire by sweat what they can purcha= se with blood.

Thus, the Germans had vassals, but no fiefs. They had no fiefs, because the princes had no lands to give; or rather their fiefs consisted in horses trained for war, in arms, and feasting.

There were vassals, because there were trusty men who being bound by their word engaged to follow the prince to the field, and did very near the same service as was afterwards performed for the fiefs.

CHAP. 4: The First Race

Caesar says, that when any of the princes declared to the assembly that he intended expedition, he asked them to follow him.

Those who approved the leader, and the enterprize, offered their assistance.

They were then commended by the multitude.

But if they did not fulfil their engagements, they lost the public esteem, and were looked upon as deserters and traitors.

This is the history of our princes of the first race.

Our kings would have new armies to raise on every expedition, new troops to encourage, new people to engage.

This had a great cost which they paid by the division of lands and spoils.

But these lands and spoils were incessantly given away, causing their lands to increase or reduce.

The monarchy moved by springs, which they were continually obliged to wind up.

CHAP. V: The Conquests of the Franks.

When the Franks took possession of Gaul, they did not turn it into fiefs as previously thought.

Some have been of this opinion, because they saw the greatest part of the country towards the end of the second race, converted into fiefs, rear-fiefs, or other dependencies.

It is false that the Barbarians made a general regulation establishing in all parts the state of villainage.

If at a time when the fiefs were precarious, al= l the lands of the kingdom had been fiefs or dependencies of fiefs, and all= the men in the kingdom vassals or bondmen, subordinate to vassals; as the = person that has property is every possessed of power, the king who continually disposed of the fiefs, that is, of the only property then existing, wou= ld have been as arbitrary a monarch as the Grand Seignior; which is absolut= ely contradictory to all history.