The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1891-04-02
THE FEUDAL SYSTEM.
(Report for Class b.


(Report for Glass b.
The study of this remarkable 81 stem is very i'm
portant, as it gives clearer understanding of
and of the constitution of land rights in Great Bri-
tain than would be able to learn in many of
the histories that give it but passing mention.
The word "feud" is described in Chambers En-
cyclopaeda as meaning in familiar language. a
right to the use and enjoyment of lands, houses.
or other heritable subjects in perpetuity, in con-
sideration of an annual payment in grain money
or personal services.
The existence of the feudal system as a devel-
oped institution has been subject Of much dis
cusson. but the general opinion seems to be that
it started in the beginning of the ninth century
and lasted until the thirteenth century. During
these four centuries the social life of every Eu.
ropean people was governed by it, and while it
did not become entirely extinct a social insti-
tuition throughout Europe until nearly 1747, its
period of bloom is confined to the period stated.
AS legal institution it still exists in several
tions. notably England, and the constitution of
land rights in that country is founded on the
feuda laws Of the earlier days.
Blackstone gives the following description of
the establishment of feudalism in England:
when the principal land holders of England SUBJ
mitted to the yoke of military tenure. and
rendered their lands into the hands of the Con.
queror at the council of Sariem, feudality, the
previous existence nexstence of which has
been a subject of much scussOn, was form ally
recognized, and it henceforth became funda-
mental maxim in the law of real property, that
The King is the universal lord and original pro-
prietor of all the lands in his kingdom, and that
no man doth or can possess any part of it but
what has mediately or Immediately been derived
as gift from him. to be held on feudal services
This maxim is still held in England, and any one
convicted of certain crimes such treason, their
land reverts to the crown. To better understand
feudalism, an insight to the old Roman law gov
erning real property is essential. Under these laws
person held land by what is known as 'Allodial
tenure Vi. the land was held in free and absolute
right. independent of any burden of homage or
fidelity to q superior. The existence of these laws
at the time of the Eruption of the northern ma
tons of Europe into Italy led to the establishment
of feudalism. and described in Chambers's Ency-
clopedia as follows: 1T arose about the beginning
of the ninth century just when the fusion between
the conquering barbarians and the subject popu.
lations of the Romanized provinces was every
where taking place, and it seems impossible to
doubt that it was = result of the mutual influence
of the two races. The subordination of class to
class and the intimate relations by which all the
classes of the community were bound together
taken along with the independence and equality of
the individual members of each class within it.
self. was amongst the most prom inent features of
the simple society of the Teutonic nations; and
these correspond with wonderful accuracy to the
relation OF superior and vassal. beginning with the
sovereign and descending to the smallest feudal
proprietor. and also with the equality amongst
peers,which existed within each of the feudal
classes.
From this it will be seen that feudalism was es.
sentially the outgrowth of the distinction of the
mixed classes of Europe, and by it the relations
between the two have been governed and In
great measure its social effects are still manifest
in European nations having monarchial form of
government.
In England previous to the Norman Conquest,
Allodial tenure of law existed; when William the
Conqueror subdued the nation he portioned off the
lands amongst his barons. and they divided their
respective holdings amongst their dependents
The baron was the feudal vassal of the king, and
held his lands subject to certain feudal services to
be rendered. The dependents from whom origi-
mated what is termed 1.-The commons" stood
in the same relationship to the baron. and we're
bound by the same conditions to him as he was to
the crown. The extensive land grants given to
the barons, created separate and distinct commu-
mites. and established what has been called ''feu-
dial monarchies'' in miniature. His authority in
his own possessions absolute; he created his
own barons. lords, dukes and marquises; he was
in reality the sovereign of his dependents, exer-
cising and making his own laws. infiicting punish
ment for crimes even to the extent of the death
penalty. He frequently made war upon another
baron in which case his dependents constituted
his army. If called upon to support the crown
in national war, the same conditions existed