OBJECTIVITY AND UNIVERSALITY

In this period feudal arrangements which had previously been relatively arbitrary and loose in their signification and diverse and discriminatory in their local operation became substantially more objective and precise and substantially more uniform and general.

For example, starting in the latter part of the ninth century, especially in France and Italy, the heir of a vassal often succeeded to the vassal's position upon his death. Nevertheless, only in a very loose sense may one speak of the "heritability" of fiefs at that time. Then, however, the usage (pattern of behavior) developed that upon a vassal's death a new investiture would be granted by the lord to the vassel's heir if he was willing to do homage; and next, this usage became internalized as a norm of behavior, so that it was considered to be a violation of a customary norm (norm of customary law) for the lord to withhold such investiture from the heir. Yet the norm of customary law did not exist in all places or under all circumstances. Indeed, throughout the ninth and tenth centuries European feudal custom (including both patterns of behavior and norms of behavior, both custom as usage and customary law) was extremely diverse. By no means all homage was accompanied by investiture with a fief, and by no means all fiefs were bestowed upon "men of mouth and hands." Many fiefs were still granted in return for payments in kind and not services, under arrangements that were terminable at the will of the grantor. This was also a period when knighthood was only beginning to become of great military importance, and when consequently the emerging class of knights were pressing for recognition -- and for land.

In the eleventh and twelfth centuries, however, both the military situation and the legal situation were more favorable to the knightly class and hence to the vassals upon whom lords relied to furnish knights for military service.

fully entered was a trespasser. 7 Also, in most places the custom of primogeniture was established, whereby the oldest son inherited the entire fief, which was thus preserved against dismemberment___________________________________________________

although parts of the fief ("appanages") might be set aside to compensate younger sons.

Thus in the eleventh and twelfth centuries the heritability of the fief became an objective and universal norm, relatively precise in its signification and more or less uniform throughout Europe. 8A similar development took place with respect to other norms of feudal customary law, such as the alienability of the fief by the vassal, the commutation of various personal feudal obligations into money payments, and suit of court.