FEUDAL LAW, FEODAL LAW. 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.
2. Although the feudal system has never ob tained in this country, and is long since extinct throughout the greater part of Europe, some un derstanding of the theory of the system is essen tial to an accurate knowledge of the English ecn stitution, 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 immigra tions of the Northman, who overran the falling Roman empire. Many, writere have sought to trace the beginning of the system in earlier pe 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 olanship. Hallam, Mid. Ag. vol. 1; Stuart, Soc. in Europe; Robertson, Mist. of Charles V.; Pinker ton, Dias. on the Goths; Montesquieu, Esp. des Lois, livre xxx. c. 2; Meyer, Esprit, Origine et Pro gres des Inst. judioialtes, 1, p. 4.
3. But the origin of the feudal system is so ob vious in the circumstances under which it arose, that perhaps there is no other connection between it and these earlier systems than that all arc 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 per manent abode, is an important element in the ease, 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.
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 comitea, or knights, to be held by his permission, in return for which they assured him of their allegiance and undertook for him military service.
4. It resulted that there was a general dismem berment of the political power into many petty na tions and petty aovereigntles. 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 num ber of fiefs was largely increased; and the same circumstances operated on the other hand to ab Sorb the allodial estates by inducing allodial pro prietors to surrender their lands to some neighbor ing 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.
5. This system came to its height upon the con tinent in the empire of Charlemagne and his suc cessors. 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 he the foundation of the English law of real property and the' position of the landed aristocracy, and of the civil constitu tion of the realm, And when we reflect that in the middle ages real property had a relative import ance 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 re. lations 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.