FEUDAL LAW, FEODAL LAW. A system of tenures of real property which prevailed in the countries of western Europe during the Middle Agee, arising from the peculiar po litical condition of those countries, and radi 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 aystem 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 render ing 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 dis tinct have been found in the tenures prevailing in the Roman republic and empire, in Turkey, in Hindustan, in ancient Tuscany, as well as in the system of Celtic clanship. Hallam, Mid. Ag. vol. 1; Stuart, Soc. in Europe ; Robertson, Hist. of Charles V.; Pinkerton, Diss. on the Goths; Montesquieu, Esp. des Lois, Byre xxx. c. 2; Meyer, Esprit, Origin et Progres des Inst. judiciaires, tom. 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 othei connection between it and these earlier systems than that all are the out growth 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 conqnest was by immigrants, and that the con querors 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 follow ers, with a view at once to strengthen their own power and ascendency and to provide for their fol lowers.
Some lands were allotted to individuals as their own proper estates, and these were termed al lodial ; 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 permis sion, in return for which they insured him of their allegiance and undertook for him military service.
It resulted that there was a general dismember ment 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 re ceived from the paramount lord, upon similar terms, and by this subinfeudation the number of fiefs was largely increased; and the same circumstances op erated on the other hand to absorb the allodial es tates by inducing allodial proprietors to surrender their lands to some neighboring chieftain and re ceive 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 conti nent in the empire of Charleniagne 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 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 Agee real property had a relative importance far beyond that of movable property, it is not eupris log 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 orig inally temporary, at the will of the lord, or from year to year ; afterwards they came more com monly 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 vas ears successor in his service.