Feudal Law, Or Feodal Law in United States

Feudal Law, Or Feodal Law Definition

A system of tenures of real property which prevailed in the countries of western Europe during the middle ages, arising from the peculiar political condition of those countries, and radically affecting the law of personal rights and of movable property. Although the feudal system has never obtained in this country, and is long since extinct throughout the greater part of Europe, some understanding of the theory of the system is essential to an accurate knowledge of the English constitution, and of the doctrines of the common law in respect to real property. The feudal tenure was a right to lands on the condition of performing services and rendering allegiance to a superior lord. It had its origin in the military immigrations of the Northmen, who overran the falling Roman empire. Many writers have sought to trace the beginning of the system in earlier periods, and resemblances more or less distinct have been found in the tenures prevailing in the Roman republic and empire, in Turkey, in Hindostan, in ancient Tuscany, as well as in the system of Celtic clanship. 1 Hallam Mid. Ages; Stuart, Soc. in Europe; Robertson, Hist. Charles V.; Pink. Diss.; Montesq. Esp. des Lois, liv. 30, c 2; Meyer, des Inst. Judiciares, torn, 1, p. 4. But the origin of the feudal system is so obvious in the circumstances under which it arose that perhaps there is no other connection between it and these earlier systems than that all are the outgrowth of political conditions somewhat similar. It has been said that the system is nothing more than the natural fruit of conquest; but the fact that the conquest was by immigrants, and that the conquerors made the acquired country their permanent abode, is an important element in the case, and in so far as other conquests have fallen short of this, the military tenures resulting have fallen short of the feudal system. The military chieftains of the northern nations allotted the lands of the countries they occupied among themselves and their followers, with a view at once to strengthen their own power and ascendency, and to provide for their followers. Some lands were allotted to individuals as their own proper estates, and these were termed “allodial;” but, for the most part, those lands which were not retained by the chieftain he assigned to his comites, or knights, to be held by his permission, in return for which they assured him of their allegiance, and undertook for him military service. It resulted that there was a general dismemberment of the political power into many petty nations and petty sovereignties. The violence and disorders of the times rendered it necessary both for the strong to seek followers, and for the weak to seek a protecting allegiance; and this operated on the one hand to lead the vassals to divide again among their immediate retainers the lands which they had received from the paramount lord, upon similar terms, and by this subinfeudation the number of fiefs was largely increased; and the same circumstances operated on the other hand to absorb the allodial estates by inducing allodial proprietors to surrender their lands to some neighboring chieftain, and receive them again from him under feudal tenure. Every one who held lands upon a feudal tenure was bound, when called upon by his benefactor or immediate lord, to defend him, and such lord was, in turn, subordinate to his superior, and bound to defend him, and so on upwards to the paramount lord or king, who in theory of the law was the ultimate owner of all the lands of the realm. The services which the vassals were bound to render to their lords were chiefly military; but many other benefits were required, such as the power of the lord or the good will of the tenant would sanction. This system came to its height upon the continent in the empire of Charlemange and his successors. It was completely established in England in the time of William the Norman and William Rufus, his son; and the system thus established may be said to be the foundation of the English law of real property, and the position of the landed aristocracy, and of the civil constitution of the realm. And when we reflect that in the middle ages real property had a relative importance far beyond that of movable property, it is not surprising that the system should have left its traces for a long time upon the law of personal relations and personal property. The feudal tenures were originally temporary, at the will of the lord, or from year to year; afterwards they came more commonly to be held for the life of the vassal ; and gradually they acquired an inheritable quality, the lord recognizing the heir of the vassal as the vassal’s successor in his service. The chief incidents of the tenure by military service were:
(1) Aids. A pecuniary tribute, required by the lord in an emergency, e. g., a ransom for his person if taken prisoner, or money to make his son a knight, or to marry his daughter.
(2) Relief. The consideration which the lord demanded upon the death of a vassal for allowing the vassal’s heir to succeed to the possession ; and connected with this may be mentioned primer seisin, which was the compensation that the lord demanded for having entered upon the land, and protected the possession until the heir appeared to claim it.
(3) Fines upon alienation. A consideration exacted by the lord for giving his consent that the vassal should transfer the estate to another, who should stand in his place in respect to the services owed.
(4) Escheat. Where, on the death of the vassal, there was no heir, the land reverted to the lord; also, where the vassal was guilty of treason; for the guilt of the vassal was deemed to taint the blood, and the lord would no longer recognize him or his heirs.
(5) Wardship and marriage. Where the heir was a minor, the lord, as a condition of permitting the estate to descend to one who could not render military service, assumed the guardianship of the heir, and, as such, exercised custody both of his person and of the property, without accounting for the profits, until the heir, if a male, was twenty-one and could undertake the military services, or, if a female, until she was of a marriageable age, when, on her marriage, her husband might render the services. The lord claimed, in virtue of his gxiardianship, to make a suitable match forhis ward, and if wards refused to comply they were mulcted in damages. Feudal tenures were abolished in England by St. 12 Car. II. c. 24; but the principles of the system still remain at the foundation of the English and American law of real property. Although in many of the states of the United States all lands are held to be allodial, it is the theory of the law that the ultimate right of property is in the state; and in most of the states escheat is regfulated by statute. “The principles of the feudal system are so interwoven with every part of our jurisprudence,” says Tilghman, C. J., “that to attempt to eradicate them would be to destroy the whole.” 3 Serg. & R. (Pa.) 447; 9 Serg. & R. (Pa.) 388. “Though our property is allodial,” says Gibson, C. J., ” yet feudal tenures may be said to exist among us in their consequences and the qualities which they originally imparted to estates; as, for instance, in precluding every limitation founded on an abeyance of the fee.” 3 Watts (Pa.) 71; 1 Whart. (Pa.) 337; 7 Serg. & R. (Pa.) 188; 13 Pa. St. 35. Many of these incidents are rapidly disappearing, however, by legislative changes of the law. The principles of the feudal law will be found in ‘Litt. Ten.; Wright, Ten.; 2 Bl. Comm. c. 5; Dalr. Feud. Prop.; Sullivan, Lect.; Book of Fiefs; Spelman, Feuds; Cruise, Dig.; Le Grand Coutumier; the Salic Laws; the Capitularies; Les Establissements de St. Louis; Assise de Jerusalem; Poth. des Fiefs; Merlin, Repert; Dalloz, Diet.; Guizot, Hist, de France, Essai 5. The principal original collection of the feudal law of continental Europe is a digest of the twelfth century, feudorum eonsuetudines, which is the foundation of many
of the subsequent compilations. ‘The American student will perhaps find no more convenient source of information than 2 Sharswood, Bl. Comm. 43, and Greenl. Cruise, Dig. Introd.

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A system of tenures of real property which prevailed in the countries of western Europe during the middle ages, arising from the peculiar political condition of those countries, and radically affecting the law of personal rights and of movable property. Although the feudal system has never obtained in this country, and is long since extinct throughout the greater part of Europe, some understanding of the theory of the system is essential to an accurate knowledge of the English constitution, and of the doctrines of the common law in respect to real property. The feudal tenure was a right to lands on the condition of performing services and rendering allegiance to a superior lord. It had its origin in the military immigrations of the Northmen, who overran the falling Roman empire. Many writers have sought to trace the beginning of the system in earlier periods, and resemblances more or less distinct have been found in the tenures prevailing in the Roman republic and empire, in Turkey, in Hindostan, in ancient Tuscany, as well as in the system of Celtic clanship. 1 Hallam Mid. Ages; Stuart, Soc. in Europe; Robertson, Hist. Charles V.; Pink. Diss.; Montesq. Esp. des Lois, liv. 30, c 2; Meyer, des Inst. Judiciares, torn, 1, p. 4. But the origin of the feudal system is so obvious in the circumstances under which it arose that perhaps there is no other connection between it and these earlier systems than that all are the outgrowth of political conditions somewhat similar. It has been said that the system is nothing more than the natural fruit of conquest; but the fact that the conquest was by immigrants, and that the conquerors made the acquired country their permanent abode, is an important element in the case, and in so far as other conquests have fallen short of this, the military tenures resulting have fallen short of the feudal system. The military chieftains of the northern nations allotted the lands of the countries they occupied among themselves and their followers, with a view at once to strengthen their own power and ascendency, and to provide for their followers. Some lands were allotted to individuals as their own proper estates, and these were termed “allodial;” but, for the most part, those lands which were not retained by the chieftain he assigned to his comites, or knights, to be held by his permission, in return for which they assured him of their allegiance, and undertook for him military service. It resulted that there was a general dismemberment of the political power into many petty nations and petty sovereignties. The violence and disorders of the times rendered it necessary both for the strong to seek followers, and for the weak to seek a protecting allegiance; and this operated on the one hand to lead the vassals to divide again among their immediate retainers the lands which they had received from the paramount lord, upon similar terms, and by this subinfeudation the number of fiefs was largely increased; and the same circumstances operated on the other hand to absorb the allodial estates by inducing allodial proprietors to surrender their lands to some neighboring chieftain, and receive them again from him under feudal tenure. Every one who held lands upon a feudal tenure was bound, when called upon by his benefactor or immediate lord, to defend him, and such lord was, in turn
, subordinate to his superior, and bound to defend him, and so on upwards to the paramount lord or king, who in theory of the law was the ultimate owner of all the lands of the realm. The services which the vassals were bound to render to their lords were chiefly military; but many other benefits were required, such as the power of the lord or the good will of the tenant would sanction. This system came to its height upon the continent in the empire of Charlemange and his successors. It was completely established in England in the time of William the Norman and William Rufus, his son; and the system thus established may be said to be the foundation of the English law of real property, and the position of the landed aristocracy, and of the civil constitution of the realm. And when we reflect that in the middle ages real property had a relative importance far beyond that of movable property, it is not surprising that the system should have left its traces for a long time upon the law of personal relations and personal property. The feudal tenures were originally temporary, at the will of the lord, or from year to year; afterwards they came more commonly to be held for the life of the vassal ; and gradually they acquired an inheritable quality, the lord recognizing the heir of the vassal as the vassal’s successor in his service. The chief incidents of the tenure by military service were:
(1) Aids. A pecuniary tribute, required by the lord in an emergency, e. g., a ransom for his person if taken prisoner, or money to make his son a knight, or to marry his daughter.
(2) Relief. The consideration which the lord demanded upon the death of a vassal for allowing the vassal’s heir to succeed to the possession ; and connected with this may be mentioned primer seisin, which was the compensation that the lord demanded for having entered upon the land, and protected the possession until the heir appeared to claim it.
(3) Fines upon alienation. A consideration exacted by the lord for giving his consent that the vassal should transfer the estate to another, who should stand in his place in respect to the services owed.
(4) Escheat. Where, on the death of the vassal, there was no heir, the land reverted to the lord; also, where the vassal was guilty of treason; for the guilt of the vassal was deemed to taint the blood, and the lord would no longer recognize him or his heirs.
(5) Wardship and marriage. Where the heir was a minor, the lord, as a condition of permitting the estate to descend to one who could not render military service, assumed the guardianship of the heir, and, as such, exercised custody both of his person and of the property, without accounting for the profits, until the heir, if a male, was twenty-one and could undertake the military services, or, if a female, until she was of a marriageable age, when, on her marriage, her husband might render the services. The lord claimed, in virtue of his gxiardianship, to make a suitable match forhis ward, and if wards refused to comply they were mulcted in damages. Feudal tenures were abolished in England by St. 12 Car. II. c. 24; but the principles of the system still remain at the foundation of the English and American law of real property. Although in many of the states of the United States all lands are held to be allodial, it is the theory of the law that the ultimate right of property is in the state; and in most of the states escheat is regfulated by statute. “The principles of the feudal system are so interwoven with every part of our jurisprudence,” says Tilghman, C. J., “that to attempt to eradicate them would be to destroy the whole.” 3 Serg. & R. (Pa.) 447; 9 Serg. & R. (Pa.) 388. “Though our property is allodial,” says Gibson, C. J., ” yet feudal tenures may be said to exist among us in their consequences and the qualities which they originally imparted to estates; as, for instance, in precluding every limitation founded on an abeyance of the fee.” 3 Watts (Pa.) 71; 1 Whart. (Pa.) 337; 7 Serg. & R. (Pa.) 188; 13 Pa. St. 35. Many of these incidents are rapidly disappearing, however, by legislative changes of the law. The principles of the feudal law will be found in ‘Litt. Ten.; Wright, Ten.; 2 Bl. Comm. c. 5; Dalr. Feud. Prop.; Sullivan, Lect.; Book of Fiefs; Spelman, Feuds; Cruise, Dig.; Le Grand Coutumier; the Salic Laws; the Capitularies; Les Establissements de St. Louis; Assise de Jerusalem; Poth. des Fiefs; Merlin, Repert; Dalloz, Diet.; Guizot, Hist, de France, Essai 5. The principal original collection of the feudal law of continental Europe is a digest of the twelfth century, feudorum eonsuetudines, which is the foundation of many of the subsequent compilations. ‘The American student will perhaps find no more convenient source of information than 2 Sharswood, Bl. Comm. 43, and Greenl. Cruise, Dig. Introd.

This definition of Feudal Law, Or Feodal Law is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.