the fact that the feudal system, which had its birth in war,
and led ever thither again, appears nowhere more clearly and fully than
in these assizes.
Reference has been made to the shortness of the period allowed by the
statute limiting titles and claims. Of the same class is the rule that
when a fief falls to one, he cannot claim it unless he be present in the
land and seek the investiture in his own person. Hence is explained the
oft-repeated maxim of the feudal lawyers of Jerusalem: _A mort ne peut
aucune chose escheir_; which means that in matters of inheritance,
substitution is not valid, and each must derive his claim from the last
holder of the fief--thus restricting the succession of minors, who would
need protection.
In this oriental law there was a peculiarity in regard to granting leave
of absence to vassals. We have seen that the vassal was not allowed to
leave home, lest his services should be lost to the state in a time of
danger. But a journey back to Europe might be necessary, and in this
case the two interests were united by an arrangement called _le
commendement du fief_, by which the vassal gave up his fief to his lord,
who received its income and secured the absent owner against the
provisions of the law limiting the claims of absentees to one year.
Feudal duties were the same in the Orient as in the Occident, since
fidelity is always and everywhere the same thing; but the greater perils
which encompassed the Crusaders led to a more rigid exaction of the
performance of these duties.
In regard to the homage which the feudal tenant performs on entering
into this relation, the assizes say:
'If a man or woman pay homage to the chief feudal lord of the
kingdom, they shall, with their folded hands lying in his, say:
'Sire, I will be your vassal for this fief, and I promise to
protect and defend you for life and for death.' And the lord shall
answer: 'And I accept thee with God's faithfulness and my own;' and
he shall in faithfulness kiss him upon the mouth.'
A special duty in the Orient was to redeem a feudal lord from captivity
among the enemies of the cross, even by pawning or selling one's own
fief or that obtained through a wife. The chief duty, however, even in
this case, was that of military service, and in the Venetian manuscript
is to be found the rule by which this service was to be rendered.
A peculiar case deserves here to be mentioned. It might happ
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