Legal Lore: Curiosities of Law and Lawyers — John Shaqi
Legal Lore: Curiosities of Law and Lawyers
History
Legal Lore: Curiosities of Law and Lawyers
Law -- Miscellanea
To the historian proper feudalism presents a wide subject with diverse
points of interest, but its legal aspect is comparatively a small matter,
and it can be considered without detailed reference to the whole vast
scheme which existed from early German and Gothic times, and overspread
the greater part of Europe. It is a common error to suppose that it was
introduced into England by the Normans. William the Conqueror only
superimposed a French form of feudalism upon that which already existed;
and all historians agree that the measures he adopted, the restrictions he
made, and the original conditions he established, were evidence of his
farseeing genius, and a masterpiece of statecraft. His was a feudalism
which, while giving the lords great personal power and influence, retained
them still as the servants of the king, and totally prevented them from
using their strength against the throne. In this respect the feudal
system in England never resembled that of Germany and France, or even that
which the Norman barons established in Scotland. The Conqueror had no
intention of allowing the owners of territory to supersede his own
authority, and to be beyond the sovereign's control. While, therefore, he
allowed them all liberty in dealing with their dependents, he made it
impossible for them to defy his own authority, first by distributing their
possessions so that they could not have a great army of followers at
command, and, secondly, by insisting upon a formal declaration of
allegiance from both the barons and their vassals. The former, therefore,
were not beyond the law, and the latter had nominally, if not actually,
some right of appeal to the monarch. These points it is necessary to bear
in mind for a full understanding of legal procedure during the long period
feudalism prevailed.
The feudal lord's claims upon his vassals were numerous. First came his
claim to their military service. He could demand from them service as
assessors in his courts of various fines and payments and confiscations of
land. He could dispose of females in marriage; not infrequently he
consigned them to a debased existence. When the tenant was invested with
possession of his feud or fief, he paid homage to his lord, that is, he
proclaimed himself the "man" to help and to serve his master. Kneeling
humbly before the baron, he took oath of fealty, and practically enslaved
himself. It was here that King William showed his wisdom by ordaining that
the oath of allegiance should be not only to the feudal superior, but to
the monarch as the head of all, and thus he secured the ultimate service
of all vassals to the crown, and deprived the barons of autocratic power.
Public-domain text, read in full here on John Shaqi.
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