Feudal Mode of Production
Feudal Mode of Production
even within the manorial system itself, the scalar structure of property
was expressed in the characteristic division of estates into the lord’s
demesne, directly organized by his stewards and tilled by his villeins,
and the peasant virgates, from which he received a complementary sur-
plus but in which the organization and control of production was in the
hands of the villeins themselves.4 There was thus no simple, horizontal
concentration of the two basic classes of the rural economy within a
single, homogeneous property form. Relations of production were
mediated through a dual agrarian statute within the manor. Moreover,
there was often a further disjuncture between the justice to which serfs
were subject in the manorial courts of their lord, and the seigneurial
jurisdictions of territorial lordship. Manors did not normally coincide
with single hamlets, but were distributed across a number of them;
hence conversely in any given village a multiplicity of manorial hold-
ings of different lords would be interwoven. Above this tangled
juridical maze would typically lie the haute justice of territorial
seigneuries, whose area of competence was geographical, not do-
mainial.b The peasant class from which the surplus was extracted in
this system thus inhabited a social world of overlapping claims and
powers, the very plurality of whose ‘instances’ of exploitation created
latent interstices and discrepancies impossible in a more unified juridical
nature of the feudal polity. For the pure feudal hierarchy, as we have
seen, excluded any ‘executive’ at all, in the modem sense of a per-
manent administrative apparatus of the State for the enforcement of
the law: the parcellization of sovereignty rendered one unnecessary and
impossible. At the same time, there was no room for an orthodox
‘legislature’ of the later type either, since the feudal order possessed no
general concept of political innovation by the creation of new laws.
Royal rulers fulfilled their station by preserving traditional laws, not
by inventing novel ones. Thus political power came for a period to be
virtually identified with the single ‘judiciary’ function of interpreting
and applying the existing laws. Moreover, in the absence of any public
bureaucracy, local coercion and administration - policing, fining,
tolling and enforcing powers - inevitably accrued to it. It is thus
necessary always to remember that mediaeval ‘justice’factually included
a much wider range of activities than modern justice, because it
structurally occupied a far more pivotal position within the total
political system. It was the ordinary name of power.