This alteration gave rise to what were called the incidents of the feudal tenures.The ancient military tenants, who were the kindred of the superior, might be removed by him at pleasure, or subjected to what burdens he thought proper to impose upon them;and there was no occasion to specify the services that might be required of them, or the grounds upon which they might forfeit their possessions.But when the vassal had obtained a permanent right to his estate, it became necessary to ascertain the extent of the obligations which he came under, and the penalty to which he was subjected upon his neglecting to fulfil them; so that, from the nature of the feudal connexion, he in some cases incurred a forfeiture, or total loss of the fief, and in others was liable for the payment of certain duties, which produced an occasional profit to the superior.
1.Thus when the vassal died without heirs; when he violated his duty by the commission of a crime, or by neglecting to perform the usual service; in either of these cases his lands returned to the superior.The emolument arising from this forfeiture, or termination of the fief, was called an escheat.
2.When a person was admitted to hold a fief, he engaged by an oath to fulfil the duties of homage and fealty to the superior.Even after fief became hereditary, this ceremony was repeated upon every transmission of the feudal right by succession; so that while the heir of a vassal neglected to renew the engagement, he was not intitled to obtain possession, and the superior, in the mean time, drew the rent of the lands.Hence the incident of non-entry.
3.Though the heir of a vassal might claim a renewal of the feudal investiture, this was understood to be granted in consideration of his performing military service.When by his nonage, therefore, the heir was incapable of fulfilling that condition, the superior himself retained the possession of the lands; at the same time that he was accustomed, in that case, to protect and maintain his future vassal.This produced the incident of wardship.
4.Upon the death of a vassal, it was usual for the representative of his family to make a present to the superior, in order to obtain a ready admittance into the possession of the lands.When fiefs became hereditary, it was still found expedient to procure by means of a bribe, what could not easily be extorted by force; and the original arbitrary payment was converted into a regular duty, under the name of relief.
5.From the original nature of the feudal grants, the vassal could have no title to sell, or give away to any other person, the lands which he held merely as a tenant, in consideration of the service which he was bound to perform.But when fiefs had been granted to heirs, and when of consequence the right of the vassal approached somewhat nearer to that of property, it became customary to compound with the superior for the privilege of alienating the estate, upon payment of a sum of money.This gave rise to a perquisite, called the fine of alienation.
6.From the disorders which prevailed in the feudal times, when different families were so frequently at war, it was of great consequence that the vassals should not contract an alliance with the enemy of their Liege Lord; which might have a tendency to corrupt their fidelity.When fiefs therefore came to be granted for life, or to heirs, it was still held a sufficient ground of forfeiture that the vassal married without the superior's consent.This forfeiture was afterwards converted into a pecuniary penalty, called the incident of marriage.
7.According to the usual policy of the feudal nations, the superior levied no taxes from his retainers, but was maintained from the rent of his own estate.In particular cases however, when his ordinary revenue was insufficient, his vassals were accustomed to supply him by a voluntary contribution.When fiefs were precarious, what was given on those occasions depended upon the will of the superior, who might even seize upon the whole estate of his tenants.But when the vassal had obtained a more permanent right, it became necessary to settle the cases when those contributions were to be made, as well as the quantity that might be demanded; and in this manner, aid or benevolence came to be enumerated among the duties payable to a superior.
The conversion of allodial into feudal property, by a voluntary resignation, as it proceeded from the general manners and situation of the people, continued to be a frequent practice, while those manners and that situation remained.The smaller barons were thus, at different times, subjected to their opulent neighbours; the number of independent proprietors was gradually diminished; their estates were united and blended together in one barony; and large districts were brought under the dominion of a few great lords, who daily extended their influence and authority, by increasing the number of their vassals.
