THE FEUDAL CONTRACT: ON FEALTY IN THE SCA
Ioseph of Locksley, OL, Pel,.
(c) copyright 1992 W.J. Bethancourt III(note: to avoid
awkward language constructions, the usage of gender-specific words in
this article should be construed to cover both male and female
persons.)
One of the major problems in the SCA (and one of its' major
advantages, in my opinion) is the enormous cultural sweep that the
group covers. We have 17th Century Cavaliers interacting with 9th
Century Vikings talking to 7th Century Irishmen and leering at a 12th
Century lady while practicing 15th Century Italian politics and
eating God-knows-what.
Each of these historical periods, and cultures, had differing
concepts of the world, and we -can- accomodate all of them, with a
little effort-not- to be ethnocentric; to not take the attitude that
our -personal-period-of-choice, or our personal -interpetation- of
that period, is the "One True Medievalism."
One of the major dividing lines is "fealty." In the SCA, we use
something that we call "fealty," but there seems to be a great deal
of misunderstanding about it .... many people seem to think that
"liege-fealty" is the only "real" kind .... so why do we allow
"Masters of Arms" and other non-fealty swearing Peers?
First of all, we must discuss what "fealty" really is, keeping in
mind that I have formed my opinions as expressed here from much study
of the period, and from more than twenty-five years of discussion and
observation within the SCA itself.
Fealty is a very complex, interlocking structure of oaths,
obligations and loyalties that enables a feudalistic form of social
structure towork.
It is also a very -personal- concept, differing in intensity from
person to person.
From a study of medieval law and history, however, we see that
fealty is primarily a -contract- between two persons or entities. The
act of entering into this contract is called "doing homage." Each
party in the contract promises certain things to the other, and if
this contract is violated, then the fealty can be "de-fiefed" or
"de-fied" with no penalties nor legal difficulties; there is no
"felony," in the medieval legal sense of the word.
Fealty comes in three basic forms. All of them are -conditional.-
In order for them to be operative, each party must fulfil certain
pre-set conditions.
The first, and most well-known, is exemplified by the oath sworn
by a Knight to the Crown. This is called LIEGE FEALTY, and is a
promise of-absolute- service and obedience to the Crown of his
Kingdom, or to an individual person. The Crown, or the individual
person, in turn promises to defend that liegeman's "rights and
privleges," and in general to be an honorable Lord to that vassal.
One swears this kind of fealty -once.- Any other re-swearing of it is
simply a renewal, or re-affirmation ofthe fealty, and should not be
required of anyone, but merely optional.
We occasionally see liegemen absenting themselves from the renewal
of fealty at Coronation, in order to make a "political statement"
about the new King or Queen. This should not be considered as
"de-fieing" the Crown, for they are -not- formally renouncing their
fealty to the Crown, but rather choosing not to renew it thru this
particular person. It's-rude,- but not -wrong.-
Some in the SCA take fealty very seriously indeed, taking it to
mean a "real life" loyalty, that bleeds over into many aspects of the
mundane world. Looking at the SCA in the light of a "sub-culture" of
the "real" world, this is not a surprising development.
The second is "SIMPLE FEALTY," and is merely a pledge of loyalty
by the fief-holder to his or her Lord. This can mean any number of
things, from pretty much absolute obedience, to specified services
from both parties. We can see a form of this in the standard marriage
vows that are taken in the mundane world.
The third is "SERVICE FEALTY," being an oath of -service- to the
Lord, with no -personal- obligations attached. This is the oath that
Officers of an SCA branch can take with (usually) no legal
complications with any other fealties they might have. This is the
only thing I expect of my Apprentices and Proteges, and I consider it
to specifically exempt any liege-fealty that might be required of
them by any Crown or Coronet (though if they wish to swear
liege-fealty to me, I will accept it ....after trying to talk them
out of it!) This type of fealty will be shown to be very significant
later in this article.
When someone swears "service," they are simply promising to do a
job that is required of them. They are -not- swearing absolute
loyalty, nor liege fealty. They are simply taking an "oath of
office," if you will.
Note that these are -basic- types of fealty. It is quite possible
to have some pretty fine shadings between the three, depending on the
individuals concerned, and the fact that you do not have to be a
Knight, or even a Peer, to swear liege-fealty.
A Peer, or a Landed Baron/ess, or a Prince/ess, is a
"tenant-in-chief" with a "fief ligium;" they hold their title
-directly from the Crown.- These titles (and all titles in the SCA,
for that matter) fall under the concept of "main morte," i.e. they
are -not- inheritable, but revert to the Crown (or the SCA) on the
holder's death.
I must here remind my readers that when we in the SCA say "the
Crown,"we mean that abstract entity that is symbolized by the Crowns
(both the King's and Queen's) of the Kingdom. We do -not- mean the
person(s)sitting underneath them. They are most emphatically -not-
"the Crown" to which one swears fealty.
For the origins of this concept, let us look at the first
Knightings in the SCA, back in AS 2 in the Kingdom of the West:
From the Western 12th Night AS 2
"... And that the Crown may endure, and our Kingdom prosper, these
Gentlemen will be asked to give fealty , in matters concerning this
Society, and -only- this Society; not to the King, who shall, in his
time, pass from the throne; but to the Crown of this, the Society
of(sic) Creative Anachronism. And if these Gentlemen will give that
fealty, then they shall be created Knights...."
In period, the vassal owed certain things to his Lord, and the Lord
promised certain things to the vassal. In general, there are certain
items that can be considered "universal" for the fealty contract:
The military service ("auxilium") owed fell into five types:
- the defense of the Lord's castle
- the ransom of the Lord, if he was taken captive
- the costs of the knighthood of his eldest son
- the costs of the marriage of his eldest daughter
- participation with the Lord in a Crusade
Two thru four can be pretty much ignored in an SCA context, though
some will provide gifts when a Lord reaches a Peerage .... and
sometimes the Lord will provide these to the vassal, in the context
of the "fief debursa." Number one can be expressed in an SCA context
by defending the Lord against his enemies, both on -and off- the
field, and number five is simply showing up at Wars and such like, to
fulfill the obligation of "expeditio," or service in warfare for 40
days at the vassal's expense. These are the basic obligations of a
"fief militum" or "fief loricae;" a Knighthood, or Prince, or Landed
Baron.
The vassals also have the rights (and obligations) of "consilium,"
to advise their Lord of their opinions, and of "fidelitas," or
faithfulness to their Lord.
We also see "purveyance," or the right of the Lord to ask
hospitality of his vassal. In the SCA, this works both ways: the two
parties can expect food and shelter, or at least help with it, from
each other at an event.
"Scutage" is not much used in the SCA. This was a payment of money
in lieu of military service, and used to hire mercenaries .... and
could stand to be adopted within the SCA to add to a vassal's
fighting force; to ask (not -require!-) the non-fighting Peerage to
provide a substitute to fight in their place at a War would be quite
period .... and very useful to add to a Kingdom's fighting
strength.
A vassal can expect protection; the "justice" concept, if you
will. Their Lord has the absolute obligation to defend them against
anything that might harm them, and to see that they are treated
fairly and chivalrously by others, and the vassal should return the
obligation by standing with the Lord when he needs it.
The vassal can also expect their Lord to behave in an honorable
manner towards them; to refrain from taking an unfair advantage, or
"using" them to advance the Lord's own personal agenda .... and the
Lord can expect the same from them.
Do you see some of the qualities of behaviour that we name as
"chivalric" coming out here?
There could be other conditions, such as the Lord giving the
vassal "livery," i.e. a piece of garb that marks them as that Lord's
vassal such as a surcoat or a House badge, or giving them armor to
fight in.... whatever is acceptable to -both- parties concerned.
One can also swear multiple fealties, but you -must- specify your
"fiefligium," your -primary- Lord. This is the Lord that takes
precedence over other obligations, and such obligations must be
considered -before-swearing an additional fealty oath. This was a
common practice in period, and many times led to some rather sticky
situations indeed; such multiple fealties should be considered most
carefully, as it could land you between two (or more) loyalties and
cause much heartache and problems for all concerned.
Now let's look at another period form of fealty that is not quite
so well-known: COMMUNIO JURATA. This is fealty that has been
sworn by a group of people to themselves; a bonding together. This is
what the Dark Horde is, and some of the other SCA "households" too.
They are in fealty-with each other,- not with any titular head, and
act together as a "corporate body," The three basic forms of fealty
enumerated above can fit with varying degrees of ease within this.
The KaKhan of the Dark Horde, for example, is a "primus inter paris"
sort of figure; a "first among equals" as opposed to an absolute
ruler.
I might add that the concept of an "absolute monarch" is blatantly
out-of-period for the SCA. The SCA's monarchs are, in
fact,"constitutional monarchies," being limited in their powers by
Kingdom Law and Corpora. Some Kingdom's monarchs are more limited
than others, however, and the usual saying about "anything you can
get away with is legal" tends to apply ....
So what one of the parties breaks the contract? And what would be
considered legitimate breaches? We have seen three things, at
least,that would be obvious breaches of the fealty contract:
- Failure to protect the vassal/Lord
- Refusal of justice to/from the vassal/Lord
- Dishonourable conduct towards the vassal/Lord
And, of course, any specific clauses in the fealty oath that are
broken or ignored (such as a Peer -not- teaching his Squire /
Apprentice /Protege) would be considered good and sufficient reason
for "de-fieing" the Lord and finding another. If one party violates
the conditions set, then the contract is null.
Feudal society was considered to be "pyramidal" in structure, with
the Crown at the apex, and the rest of the populace, in descending
order of "rank" forming the rest of the pyramid.
But Peers hold directly of the Crown, as their oaths, whether of
liege-fealty or service or whatever, are to the Crown on their
creation. Thus, the pyramid is a good bit more complex than the
idealized format.
In practice, a person in liege-fealty to a Peer who is in
liege-fealty to the Crown should be considered "in fealty" to the
Crown....unless the person has made their fealty to the Peer their
"fief ligium." At this point, it gets a bit sticky. The same could be
considered of a person in liege-fealty to the Coronet of a
Principality or Barony.
So...what about Masters of Arms, and other Peers that swear no
fealty?
First of all, back in the dim days of the SCA's beginnings, one
Richard of Montroyal, called "the Short," was given the Belt .... but
he couldnot swear fealty for (religious, I am told) reasons. Thus
(Duke) Master Richard of Montroyal, of West Kingdom, became the SCA's
first "Master of Arms."
We see it in the original Knighthood ceremony of the Kingdom of
the West:
from the Western 12th Night AS 2
"... But if one of this company shall not give his fealty, or
if thru prior commitment, he -may- not give this fealty, as this
would do wound his honor, then may he yet be awarded acclaim; and
this acclaim shall take the title of 'Master.' ...."
This tradition has been continued thru the Society's history, and is
even embodied in Corpora:
CORPORA
VII.A.4. Patent Orders
a.) The Chivalry consists of two equal parts, the Order of
Knighthood and the Order of Mastery of Arms. No one may belong to
both orders at one time. When a member is admitted to the Chivalry by
the Sovereign the choice of which order to join is made by the new
member.
1) Specific requirements:
b) To join the Order of Knighthood, the candidate must swear
fealty to the Crown of his or her kingdom during the knighting
ceremony. Members of the Order of Mastery of Arms may choose to swear
fealty, but are not required to do so.
We can see pretty clearly here that it is -not- up to the Crown to
decide if a person may or may not be a Master of Arms or a Knight.
Such a choice is up to the person being offered the Belt.
But is it "period," to have a Peer that does not swear fealty? In
the context of medieval legal thought as applied to the SCA, the
answer seems to be an unqualified "Yes!"
First of all: look at the oaths that are taken when the Peerages
are given in Atenveldt:
Knighthood: (N), you stand before us this day having indicated
your willingness to accept the noble Order of Knighthood in the
Society for Creative Anachronism. Having been adjudged fit for this
honor do you (N) swear by all you hold sacred and true that you will
honor and obey the Crown of Atenveldt, honor and defend all ladies
and those weaker than yourself, give courtesie to your Peers, both
Knight, and Master of Arms, and Masters and Mistresses of the Laurel
and Pelican, and conduct yourself in all matters as befits a knight,
drawing your sword only for just cause and being chivalrous to all to
the greater glory of yourself and the Crown of Atenveldt?
(The King then says:) Then We, (N), by right of arms King of
Atenveldt, do swear to defend you and your household until Death take
Us, the World end, or the Crown shall pass from Our Hands.
It should be noted that the combination of the Knight's Oath and
the King's response, along with the gift of the Chain, result in a
liege-fealty contract.
Master of Arms: Place your hands on this, the Great Sword of
State, and swear by all that you hold sacred and true, that you shall
conduct yourself in all ways as befits a Peer of this Realm, to be at
all times an example of Chivalry and Courtesie, to give honor to the
Crown and the Kingdom, and to your Peers, to further your knowledge
of the Arts of Peace and War, and to aid others in this pursuit. All
this you should swear, by this Sword and by your honor.
Laurel (Pelican): Place your hands on this, the Great Sword
of State, and swear by all that you hold sacred and true, that you
shall henceforth conduct yourself in all ways as befits a Peer of
this Realm, to be at all times an example of Chivalry and Courtesie,
to give honor to the Crown and the Kingdom, and to your Peers, both
Knights and Masters of Arms, and Masters and Mistresses of the
Pelican (Laurel) to further your knowledge of the Arts of Peace and
War, and to aid others in this pursuit. All this you should swear, by
this Sword and by your honor.
ALL Peers promise to -teach- their Art, and to improve themselves
in their chosen field. This is a "service" contract prima facie. They
take what amounts to an -oath of service.- Also, the Peerage cannot
even be-offered- if the person has not shown obedience to Kingdom Law
and respect for the Crown:
CORPORA
VII.A. Patents of Arms
1) General requirements: Candidates for any order conferring a
Patent ofArms must meet the following minimum criteria. Additional
requirements may be set by law and custom of the kingdoms as deemed
appropriate and necessary by the Crown.
a.) They shall have been obedient to the governing documents of
the Society and the laws of the kingdom.
b.) They shall have consistently shown respect for the Crown of
the kingdom.
And let us go back to Corpora once again:
CORPORA
VII.A.4.
b.) The Order of the Laurel. Members of the Order of the Laurel
may choose to swear fealty, but are not required to do so.
c.) The Order of the Pelican. Members of the Order of the Pelican
may choose to swear fealty, but are not required to do so.
We can see pretty clearly here that to deny a person the Laurel or
Pelican soley on the basis of their refusal to swear fealty would be
aclear violation of Corpora. To be "obedient to ... the laws of the
kingdom" and to "consistently show respect for the Crown" does -not-
require a fealty oath.
Further, listen to the Monarch's oath (in the Kingdom of
Atenveldt) at his Coronation:
"I (name of Crown Prince) do for my part swear fealty to these
knights of Atenveldt and all their households; to protect and defend
them and their rights and duties against every creature with all my
power; and to hold as my sacred trust this, the Crown of Atenveldt.
And I do swear that no man who will not guard the honour of the
people of Atenveldt, nor defend the principles of Chivalry; nor
protect rigourously the rights of all subjects of the Crown of
Atenveldt, and in particular those privileges ordained by Statute and
established by custom to be the exclusive perogatives of the
Nobility; nor who will swear this solemn oath so to do shall hold
this, the Crown of Atenveldt, after me. So say I (and here the Crown
Prince shall state his name), Prince of Atenveldt"
He promises to defend and protect -all- subjects, not just his
liegemen. This constitutes (in my opinion) a legal fealty contract,
though it is not "liege" fealty per se (except in the case of the
Knights, of course.) It's actually a pretty strongly worded pledge,
and should be studied and thought about, HARD, by -every- contender
for the Throne.
Period feudalism was based on -land.- We in the SCA must transfer
this concept to the simple Peerage-honor (the Belt/Baldric, Laurel
and Pelican), since within the SCA only Kings, Landed Barons and
Princes (and their Consorts, of course!) are "landed" titles; they
are the only ones that "control" an area of land. Therefore, the
concepts of"allodium," or land that is held in "feodum solis" or
"fief francum,"meaning a fief that had -no- Lord superior to the
Landholder, and little or no service to the Crown required for its
holding, would apply very easily to the Master of Arms, or to any
Peer that does not swear liege fealty. It is evidently a very period
concept indeed.
This is not to say that these Peers cannot swear a -personal-
fealty oath of any kind to a Lord. Some Masters of Arms have sworn
such an oath to the -person- of the King or the Queen and not to "the
Crown" (with that particular feudal contract therefore ending at the
end of that reign) and this is considered quite acceptable over the
whole of theSCA.
To complicate matters even more, one can choose to swear fealty in
the context of an Office and not in one's "private" persona.
I swore fealty as Baron of Sun Dragon .... not as "Ioseph of
Locksley," who cannot and will not swear such, but as "The Baron of
SunDragon." In other words, when the Baronial Coronet was on my head,
I was the King's Man, and spoke and acted as the King's
Representative. When the Coronet was -not- on my head, I reverted
back to a simple, non-fealty swearing private person. When I made
music, or went off raising hell, I -took off- the Coronet. My
"private" persona and my "public" persona were kept-strictly-
separate (especially because "Ioseph" had opinions that might not be
quite in line with the opinions and agenda of "The Baron!")
This would be an acceptable "out" (in my opinion) to an Officer
who cannot swear liege-fealty as a private person, but who holds a
Society Office under a Crown or Coronet .... but it -must- be an
individual decision. If that individual decides they cannot do it in
good concience, then their decision should be respected.
I would not recommend this to persons who have no strong personal
feelings nor very strong personalities. It is a hard and delicate
line to walk, and can only be done with great attention to details,
like saying -every time- "I am now talking as my private persona and
NOT as (name of office)" and MAKING IT STICK.
Much of this may seem like logic-chopping, or making a big to-do
out ofsemantics, but it seems necessary. We are dealing with some
pretty delicate matters here, that impinge on both "legal" and
emotional issues. These issues tend to be extremely important for
many people, and thus, an understanding of them can only be had by
some pretty close reasoning, and some drawing of fine lines.
I also must add that I have -not- talked about the various mundane
considerations that might preclude the swearing of fealty. There
-are-several good mundane reasons why a person could not swear
fealty, even in the SCA in its' aspect as a "hobby" ..... but those
mundane reasons are ultimately -entirely up to the person
concerned.-
I hope that this helps to clarify what is admittedly a rather
confusing subject .... and I hope my unavoidable pedantry hasn't put
too many readers off.
The passages from "The Organizational Handbook of the SCA Inc
(Corpora)"are (c) copyright 1989 The Society For Creative Anachronism
Inc. and are used under the blanket permission given for such usage
by the SCA Inc. The passages from Western 12th Night AS 2 are taken
from the only existing copy of the ceremonies as written (probably)
by Master Randallof Hightower as posted on InterNet rec.org.sca 08
May 1981 CE.
Permission is granted to reprint this article in newsletters of
the SCA or similar groups. Please send a copy of the newsletter
reprinting thearticle to: Joe Bethancourt, PO Box 35190, Phoenix, AZ
85069. Any editing without the author's permission will be considered
a violation ofcopyright.
.