Holy Roman Empire and Feudalism

Italy around 1000, short after Otto II’s death in 983.

The distinctions between domains, benefices and allodial property remained fluid into the thirteenth century, because it was often not clear how individuals had acquired particular manors and other assets. The greater use of written documentation to record possession inevitably encouraged sharper distinctions and more coherent and exclusive concepts of personal property. Crucially, this occurred during the change from transpersonal kingship to enduring Empire. The exact nature of this process remains hotly debated.

The root problem is semantics: a wide variety of terms were used well before they were defined in legal treatises in the twelfth century. The process of definition undoubtedly changed their meaning and use, complicating the interpretation of earlier evidence. The situation for the Empire was exacerbated by the excessive romanticization of the Germanic past, which reached new heights under the Nazis. Writing in the 1930s, Theodor Mayer presented the Empire as a Personenverbandstaat, or a state formed by ties of personal allegiance. This term proved very influential, yet it rested on imposing quite narrow and often anachronistic definitions on earlier medieval terms. Mayer’s model suggested the early Empire was organized with the king as leader of free warriors bound in personal allegiance. Finally, anglophone historiography brings its own problems, because the term ‘feudalism’ has been overloaded with other anachronistic interpretations implying a conscious system. Variations were part of the reality, not aberrant discrepancies within an otherwise coherent system. Local arrangements were negotiated according to immediate needs. Renegotiation could involve exemptions and changes to the level of burdens associated with fief-holding.

Some viable generalizations can be made. Relations between monarch and fief-holders were always asymmetrical, based on reciprocity and constituting a form of vassalage that became more clearly defined as ‘feudal’ during the twelfth century. Both parties were free men until the emergence of the ministeriales as a new group of unfree vassals in the eleventh century. Throughout, relations involved questions of loyalty and trust, because they were mediated primarily through oral rather than written agreements. General rules were not fully codified until early modernity. The Carolingians and Ottonians used the term honores for both benefice and the function associated with it.

Vassalage could emerge from below as ‘commendation’ whereby a free man placed himself subordinate to a superior lord in return for ‘protection and guardianship’ (Schütz und Schirm). It could also come from being entrusted with a benefice to carry out a specific task. A sharper articulation of rights and responsibilities around the mid-twelfth century clarified this act as ‘enfeoffment’. The term ‘benefice’ was simultaneously displaced by ‘fief’ (feodum).

Vassalage always included rights for the subordinate, especially excluding ‘servile duties’ (opera servilia) like manual labour, which remained a characteristic of the unfree population. Instead, vassals were expected to serve in ‘word and deed’ (consilium et auxilium). The former encompassed constructive advice, while the latter was understood primarily as military service and was driven by the introduction of the armoured cavalryman as a distinguishing feature of Carolingian warfare. The necessary equipment exceeded the resources of most free men, requiring assets to be grouped as benefices to sustain an elite of armoured knights. Although Carolingian and Ottonian lords expected royal campaigns to secure plunder, all accepted that benefice-holding would cover most of the costs of service. This freed the king from having to pay his army. Service was not fixed, but a period of six weeks became customary. Longer campaigns, like Roman expeditions, were restricted to exceptional circumstances agreed in advance at an assembly. The distribution of rich benefices to the imperial church resulted in this providing a substantial part of most emperors’ forces: 15 bishops accompanied Otto II’s ill-fated Italian campaign in 981–2, while twelfth-century archbishops could bring up to 1,700 troops, with 200 to 400 being the average size of an episcopal contingent. Other duties could be expected, especially if these were tied to a particular benefice; for example, garrisoning castles or guarding frontier marches. Senior lords were also expected to attend the royal court, assist in passing judgements, uphold the law and provide advice. Failure to perform duties opened the culprit to charges of ‘felony’ (felonia), providing grounds for the king to escheat the fief.

Vassalage already extended to chains of three of more lords and vassals by 800. A Carolingian capitulary of 799 allowed the church to assign its property as benefices to lay subvassals to circumvent the canon law restriction on clergy serving as warriors. Longer hierarchies benefited the king by creating denser networks capable of mobilizing more men. The trend to hereditary possession was already obvious and could be deliberately granted as an inducement. For example, Charles II ‘the Bald’ allowed those accompanying his Roman expedition of 877 to bequeath their benefices to their heirs. Hereditary possession could aid the king by stabilizing arrangements and giving benefice-holders greater incentive to promote economic development.

The rituals of vassalage changed in line with the shift from benefice to fief, but always remained personal even after written codification. Homage (Latin homagium, German Huld) was the more solemn ceremony in which the vassal became the ‘man’ of his lord; hence the derivation of ‘homage’ from the Latin homo for man. Homage had to be performed in person and was often tied to land or services. Fealty (fidelitas) was an expression of personal allegiance, which could be sworn in person or by proxy. Both types involved personal oaths, which played a prominent part in medieval political culture. The vassal ‘commended’ himself by placing his hands inside those of his lord. The solemn oath accompanying this ‘joining hands’ was sworn on a holy object, such as the portable imperial cross accompanying the king on his royal progress. ‘Defiance’ meant literally renouncing fidelity. Those doing so lost entitlement to their lord’s protection and opened themselves to his punishment, including being deprived of their lands and offices.

Initially, the oath preceded investiture, which involved the lord handing the vassal an object symbolizing both the benefice and the vassal’s status in a wider hierarchy. The Ottonians introduced the practice of handing over a flag to senior lords, which ritual came to characterize duchies, margraviates, counties palatine and landgraviates collectively as ‘flag fiefs’ (Fahnenlehen). Other objects included sceptres, swords, lances, gloves and even twigs. The Salians’ problems with the papacy led investiture to precede the oath under the Staufers, while the whole process came to be considered enfeoffment.

In line with its personal character, vassalage ended in the event of Herren- und Mannfall. At the death of a lord (Herr), all vassals were required to seek renewal of service from his successor, while the death of a vassal (Mann) obliged his heirs to request a fresh enfeoffment. These requirements persisted after the Staufers formally accepted secular fiefs as hereditary. Hereditary fiefs meant that the king could not refuse to enfeoff a legitimate, able-bodied heir, but renewal was still required for the successor to exercise any rights or functions associated with the fief. Lordly families could choose one of their members as legitimate heir. This still required royal endorsement in the case of immediate imperial fiefs, creating additional opportunities for the king to intervene as arbiter of inheritance disputes.

Crown and Imperial Lands

Virtually any kind of property or right could be held as royal domains, fiefs or allodial possessions. Royal domains originally consisted of fairly extensive farmland worked largely by slave labour, as well as mills, fishponds and vast tracts of thinly populated forest reserved for hunting, notably the Dreieich Forest by Frankfurt and the Ardennes near Aachen. These possessions were not managed through centrally planned extraction. Most of the produce was perishable, bulky or both. It was difficult to transport across a kingdom that even an unencumbered rider required a month to cross. Much was consumed locally, just maintaining the producers and those who administered individual assets like palaces. Some produce might be concentrated regionally, for example to support a military campaign. However, the main purpose was to feed the royal entourage on its endless tours of the realm.

It seems likely that the Merovingian monarchy was already partially itinerant and while the Carolingians had favoured sites, they never stayed at them for long. Royal progresses were common in medieval Europe, but itinerant monarchy became a distinguishing feature of the Empire, persisting long after other European kings had largely settled down, and in stark contrast to the self-exclusion of the Chinese emperor in his Forbidden City. The ability to travel extensively distinguished the king from his lords, since he alone could freely move throughout the entire realm. Others would have to pay their way, unless they had strategically placed relations, and could find that prolonged absence weakened their local authority. The practice of royal progress continued well beyond the mid-thirteenth century, but gradually lost its significance as the formalization of elective monarchy by 1356 lessened each new king’s need to show himself to lords absent at his accession. The institutionalization of assemblies in the form of the Reichstag by the late fifteenth century also provided a convenient way to meet everyone at once, while the parallel move to territorially based imperial governance established a new focus in the capital of the imperial family’s hereditary lands.

The needs of itinerant monarchy dictated the extent and location of royal domains, which needed to be scattered to provide sustenance and accommodation along major routes and in areas of political and strategic significance. The Carolingians and Ottonians preferred travelling by river or lakes, given the lack of all-weather roads north of the Alps. Charlemagne had 25 major and 125 minor palaces sustained by 700 different royal estates. Most of these were on or close to the Rhine, Main, Danube, Saale and Elbe.

Aachen was the most important palace (palatium, Pfalz), used since the 760s as a winter residence because of its thermal springs. Other important sites included Cologne, Trier, Mainz, Worms, Strasbourg, Ingelheim and Frankfurt. Paderborn provided a base in Saxony, while Regensburg served the same purpose in Bavaria. Konstanz and Reichenau on an island in the same lake were key staging posts between Italy and Germany. These locations remained significant into the later Middle Ages. Subsequent royal lines added further sites around their own family properties. The Ottonians developed Magdeburg, Quedlinburg and Merseburg in the Elbe–Saale region. The Salians added Speyer near their own base on the Middle Rhine, but also Goslar in the rich mining region of the Harz in northern Germany. Chapels were already present in Carolingian palaces, but the Ottonians developed closer connections between royal residences and religious sites, favouring royal abbeys and major cathedrals.

Most palaces were unfortified, except those near frontiers. There was no standard design, but the royal apartments were in an imposing building containing a great hall and chapel, while stables, servants’ accommodation and storehouses completed the complex. Aachen became the model for Magdeburg and Goslar as the Ottonians and Salians stressed continuity with the Carolingians. The later Carolingians began fortifying palaces, and already allowed other lords to protect their own residences from the 870s, especially if these were in frontier areas or along rivers vulnerable to Viking raids. Fortifications generally consisted of wooded palisades, sometimes atop a hill (Motte). Henry IV broke tradition by embarking on extensive castle-building to assert tighter control over royal domains in the former Ottonian heartland of Saxony, which risked becoming a ‘distant’ region with the transition to Salian rule in 1024. Using new wealth and manpower from economic and demographic growth, Henry IV constructed at least eight stone castles perched on rocky crags. The most powerful was the Harzburg, built after 1067 on a high hill south-east of Goslar, only approachable along a narrow path. Unlike earlier fortifications that had been intended as refuges for the surrounding population, Henrician castles were only large enough to accommodate a royal garrison intended to dominate the surrounding area.

The Carolingians had already created a special jurisdiction called a Burgwerk surrounding fortifications, which allowed the commandant to draw the resources and labour required to construct and maintain defences. Similar rights were attached to palaces, but were also granted to bishops and abbots so they had the means to develop their churches. Henrician castles were held by the unfree vassals known as ministeriales. By the thirteenth century, castle commanders were called ‘castellans’ (Burgmänner) and were usually endowed with a fief sustaining themselves and their garrison of between 30 and 50 men. These developments promoted the emergence of knights as a distinct group of vassals who were considered the lower echelon of the nobles.

The transfer of fiefs to support castellans was just part of a wider redistribution of resources under revised relationships throughout the Middle Ages. The Carolingians had already endowed monasteries and abbeys with additional royal assets, and the Ottonians extended this to enhance the ability of crown vassals to meet demands for royal service (servitium regis). The practice peaked under the Salians, who added few palaces, preferring instead to stay with abbots and bishops. The difficulties created by repeated clashes with the papacy prompted the Staufers to promote imperial cities as alternative accommodation on crown domains.

Resources were earmarked as Tafelgüter, literally ‘table properties’, supplying food and other consumables to sustain the royal court when it stayed in the associated palace, abbey or city. A rare surviving list from 968 records just one day’s requirements: 1,000 pigs and sheep, 8 oxen, 10 barrels of wine, 1,000 bushels of grain, plus chickens, fish, eggs and vegetables. Information from the better-documented Staufer era indicates that an army of 4,800 troops needed 8,400 baggage attendants, 19,000 horses, mules and oxen pulling 500 wagons, together consuming 2.4 tons of food and 57 tons of fodder daily.

The royal prerogatives included the right to fodrum regis, obliging communities to supply fodder, and to Gistum (hospitality). Various other rights existed, though their terms are not always clear. Fodrum regis retained its original meaning north of the Alps, but by the late Middle Ages meant accommodating the king in Italy where a separate term (albergaria) emerged by the eleventh century to denote obligations to house royal servants and troops. Non-material services could also be required, as indicated by Henry V’s charter removing legal and fiscal obligations from Speyer’s inhabitants in 1111 in return for their performance of an annual mass to commemorate his father buried in the cathedral. Royal service was commuted into cash in Italy during the eleventh century in a process that had become general across the Empire by the thirteenth century. As we shall see, however, indirect control of the Empire through vassalage remained the most important means of governance into early modernity, while the role of royal domains was taken by more extensive hereditary possessions directly held by the ruling dynasty.

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