1. Fatima Shaikh
November 6, 2009
Sociology 101A
Lie/Moodie
Second Writing Assignment
Topic: The transition out of feudalism in England and France
Feudalism as an institution and feudal rights historically existed in Europe,
including in France and England. In France, feudalism was announced dead in August
4, 1789 by the National Assembly (http://yusaku.tripod.com/Feudalism.html); whereas in
England, feudalism disappeared “in practice” by the last part of the fourteenth century
(Marx 877). An indicator for the long time disappearance of feudalism is the appearance
of capitalism (which dates from the sixteenth century) (Marx 876). However, Tocqueville
says that feudal rights are still existing in England (at the time of his writing) (29). In
regard to France, Tocqueville says that the feudal rights still functioning in 1789 “fell into
a small number of categories; others survived, no doubt, but they were operative only in
exceptional cases” (28). However, Tocqueville further states that feudal rights survived
after feudalism ceased to exist (30). Because England was the first to transition away
from a feudal system and English feudal rights were less consequential afterwards,
France can be considered less progressive than England in the transition out of
feudalism and feudal rights.
France used the same set of feudal rights as seen in other European countries.
However, Tocqueville says that the feudal rights weighed down much more heavily on
the population of other European countries besides France (29). He gives the example
of corvée, which is the right of a lord to forced labor. Corvée was rarely exercised and
not very oppressive in France but in other European states such as Germany it was

2. “stringent and everywhere enforced” (29). Tocqueville also says that that the very feudal
rights that infuriated France’s fathers to the extent that not only did they regard them as
inherently opposed to all ideas of justice but to the spirit of civilization itself (specifically
the tithe, irredeemable ground rents, perpetual charges, lods et ventes, which were also
called “the servitude of the land” in eighteenth century language). These were all
present to a certain extent in England and are still found in England and were still found
during Tocqueville’s time. Tocqueville finds it remarkable that this did not prevent
English husbandry from being the most organized and productive in the entire modern
world, and that English society seemed to be hardly aware of the existence of feudal
rights (29). In regard to France’s “servitude of the land” feudal rights, Tocqueville
remarks “Why then did these selfsame feudal rights arouse such bitter hatred in the
heart of the French people that it has persisted even after its object [feudalism] has long
since ceased to exist?” (30). He gives two chief reasons: that the French peasant has
become a landowner and that he has been completely emancipated from his lord’s
control. Tocqueville says that if the peasant did not own his land he would not have
“noticed many of the charges that the feudal system imposed on all real estate” (30). To
explain further, Tocqueville gives the example of how a person that didn’t have land of
his own wouldn’t mind paying the tithe because he could deduct it from the rent.
Tocqueville says that if a French peasant was still under a lord’s control, feudal rights
would have seemed less “obnoxious” because the peasant would regarded the feudal
rights as basic to the constitution of his country (30). He elaborates by saying:
“the nobles had real power as well as privileges, when they governed and
administrated, their rights could be at once greater and less open to attack. In
fact, the nobility was regarded in the age of feudalism much as the government is
regarded by everyone today; its exactions were tolerated in view of the protection

3. and security it provided. True, the nobles enjoyed invidious privileges and rights
that weighed heavily on the commoner, but in return for this they kept order,
administered justice, saw to the execution of the laws, came to the rescue of the
oppressed, and watched over the interests of all. The more these functions
passed out of the hands of the nobility, the more uncalled-for did their privileges
appear-until at last their mere existence seemed a meaningless anachronism.”
(30).
England’s “servitude of the land” feudal rights do not make as significant of an
impact as the entire feudal-like governing system of France present at the time of
Tocqueville’s writing. Tocqueville says that even after the feudal system ceased to be a
political institution it remained basic to France’s economic organization (31). However,
he does say that in this restricted form it was hated much more than in the “heyday” of
feudalism, and that the “very destruction of some of the institutions of the Middle Ages
made those that survived all the more detestable” (31-32). In comparison the “servitude
of the land” feudal rights (i.e. the tithe, irredeemable ground rents, perpetual charges,
and the lods et ventes) that are still found in England at the time of Tocqueville’s writing,
are not feudal rights that are fundamental to England’s society.
England was more progressive than France in terms of feudalism and feudalism
rights. One reason is because that England transitioned out of feudalism first-“in
practice”- by the last part of the fourteenth century (Marx 877) and it took until August 4,
1789 for the National Assembly to announce the end of feudalism-which stopped the
Church from collecting taxes; stopped the corvée, and allowed positions in the Church,
government and army to be open to all the citizens of France
(http://yusaku.tripod.com/Feudalism.html). Even after feudalism ceased to exist in
France as a governing authority, feudalism still stayed basic to France’s economic
organization (31), and its society. In England, however, the remaining “servitude of the
land” feudal rights were not fundamental to England’s society to the point that English

4. society was not even aware that feudal rights still existed. For these reasons, we can
conclude that England was more progressive than France in terms of transitioning away
from feudalism and feudal rights.