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Robert Whitley's avatar

Very interesting topic which Ive been looking at lately and was planning on broaching it in my next post (I specialize in medieval pragmatic writing to which Law belongs). I read some of Brown, agreed with most but not with all, ie. she writes the word "fief" does not even occur very often in medieval manuscript witnesses, which is false. The biggest bestseller of the German speaking Middle Ages is a law book the Sachsenspiegel of Eike von Repgow (which Brown mentions), the second part of which is Lehensrecht (fief law). The word Lehen (fief) occurs in the great literature too, in Gottfried's Tristan (where fiefs are distributed). In Wolfram's Parzival, where fiefs are received. Walther von der Vogelweide has a song "I got me a fief!" (which was true, he was granted one).

Also the word Beneficium obv occurs in Latin. I think what Brown is getting at is correcting the old bad French scholarship which wanted to make the F word into a system, which it wasn't. There really are no systems in the Middle Ages. Even Law is not a system and has no legal authority like we understand it. Its more like a guideline. I agree w Brown that not all fiefs are created equal, there's no template for them. The issuance of legal documents was always curated and negotiated for the situation at hand, so every deal is a different deal. I went to the most old fashioned Uni in Germany and its still somewhat like this. The administration does not just have every form sitting there, but they still have to draft them! (which they will complain about). On the whole Brown is stating the obvious, there was no homogenous system of feudalism, so the word is useless. I can never recall any professor at the Uni Marburg ever using it because it does not describe much. That doesnt mean that fiefs were not granted and that there was no property law, there was. She is saying it does not look like our property law, which is right. I was able to hone in on her argument because the same dynamic happens with lots of medieval topics whereby modern ppl project their lens onto the past. Its the same thing regarding the Hanseatic League, another of my specialties. Old scholarship said it was a concrete and powerful trading organization w its own government and military. However, it was loose association like a pick up basketball game instead of the NBA. If your city participated or not at any given time was amorphous. Your emissaries went to the convention held in Lübeck or they didn't. Some claimed they did when they hadn't, in order to get better tariff rates. It was very loose, not an institution or organization like we understand them today. Anyways, thanks for supplying food for thought about what i was already planning to post post next.

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Terri Lewis's avatar

Interesting. It does remind me about scholarly language and how much concentration it takes to bring it into sensibility. (Not yours, but the quotes.) Maybe I've just been out of university for too long...

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