FEUDAL, is a term used to denote that system of legal polity, in regard to tenures of land, which was generally introduced, at an early period, among the states of modern Europe.
The origin of the feudal system is involved in consider able obscurity. Some writers pretend to have discovered traces of it among the Romans ; while others have attemp ted to deduce its origin from the usages of the ancient Germans and Gauls. But in referring to the early history of Europe, we shall be enabled to trace it, in a more na tural and satisfactory manner, to the policy of those migra tory German nations, who overrun the provinces of the Roman empire, and established themselves in the conquer ed territory. Among these, the Longobards, or Lombards, are generally believed to have laid the foundation, or, at least, to have made the earliest improvements of the mo dern feudal system. That tribe, having early left their original seats in the northern parts of Germany, after ma ny migrations, seized upon upper Italy, and established the kingdom of Lombardy, about the year 568. In order to enable them to secure their conquests, they found it expe -client to divide the conquered country among their chief captains, reserving the superiority to their king ; and these captains, after retaining what they deemed sufficient for themselves, parcelled out the remainder among a lower rank of officers, under the condition of fidelity and milita ry service. The policy of this system was so universally approved of in that military age, that even after the over throw of the monarchy of the Lombards in Italy, it was adopted by Charlemagne, and eventually by most of the princes of Europe. It was introduced into England by William the Conqueror, who, with the view of keeping his English subjects under complete subjection, divided all the lands of England, with very few exceptions, into baronies, which he distributed, according to the feudal plan, among the most considerable of his Norman adven turers.
The period of its introduction into Scotland is uncertain. It must be observed, however, that the word Feudunz is not to he found, either in the laws of the Lombards, or even in the constitutions of Charlemagne, in all of which bent.
ficium is the term uniformly employed to express a feudal grant.
Feudal grants were originally precarious, being revoca ble at the pleasure of the granter ; but afterwards they were generally conferred for life. During this period, however, the. feudal institution may be considered as in its infancy. In a short time, the son of the feudatory was permitted to succeed to his father ; and the Emperor Con rad II. surnamed the Salic, in order to engage his vassals more effectually to his interest, in an expedition which he undertook to Italy, in the year 1036, extended feudal suc cession to grandsons, and even, in the collateral line, to brothers, in the case of a feudum antiquum. This celebra ted constitution paved the way for the hereditary descent of feudal tenures.
The feudal law had early received considerable improve ments from the numerous constitutions, both of the Lom bard kings, and of Charlemagne and his successors; yet its principles were but little known, as these constitutions were not for some time collected into one body. In order to obviate this inconvenience, the Emperor Frederick, sur named Barbarossa, directed an institute of the feudal sys tem and usages to be compiled, about the year 1170, which was entitled Consuetudines Fcudorum, and is subjoined to Justinian's novels, in almost all the editions of the Corpus furls This collection, in so far as it is the work of private hands, does not appear to have been expressly confirmed by the authority of any of the German emperors. But it is gene rally understood to have had their approbation, and was ac counted the customary feudal law of all the countries sub ject to the empire, with a few exceptions in favour of par ticular usages in certain cities and districts. But the au thority of those written usages has not been acknowledged by any other state ; every kingdom having received the in stitution with peculiar modifications, and formed for itself such a scheme of feudal laws as best accorded with its own particular constitution. (z)