THE FEUDAL SYSTEM.
by
JOHN JENKINS, Esq.
[As much of the proceeding Work relates to Feudal times and usages, the following able Paper from the pen of a modern writer cannot be otherwise than acceptable to the reader.—Ed.]
A clear idea of the Feudal System is in the highest degree interesting to the inhabitants of modern Europe, as it was the first form of society which succeeded ancient civilization, and is the foundation of most of our modern laws, systems, and institutions. Without a definite idea of this system, much or most of the present regulations of civilized life would be unintelligible.
But I have spoken of ancient civilization. What did this term mean? What does it comprise? I believe, it means that progressive or advancing state of human society, which existed among the various nations and empires of the world previous to the dissolution of the Roman Empire. The countries where this civilization reached its highest stage are well-known. History presents them in bold relief on its pages. They were Persia, Assyria, Chaldea, Egypt, Greece, and Rome; and, in an inferior degree, China and Hindoostan. In these countries the inhabitants had substituted a stationary for a wandering life, had acquired the notions and defined the limits and rights of property, had entered the bonds and enjoyed the benefits of society, had extended their ideas beyond supplying the rude necessities of life, had acquired a taste for the comforts and even luxuries of social life,
had begun to cultivate the arts and sciences, had built vessels whereby they could traffic by sea, and had erected towns and cities (some of costly magnificence) on land. The bulk of the people had forsaken the sword for the plough, and exchanged the spear for the pruning-hook. They dwelt peaceably and securely in their villages, towns, and rural homes. They divided their employments. The land was cultivated, the stock of living animals was fed, and commerce carried on. A parliament or congress of the chief inhabitants assembled, and deliberated on the affairs of State. Laws were enacted, and justice administered in the public courts. The spiritual interests of the people were also provided for, and magnificent temples, churches, and cathedrals were built and adorned the land. A regular gradation of nobles or chiefs was established, to whom the people at large looked up, while a King, Sovereign, or Emperor governed the whole. These are the leading ideas connected with ancient civilization. These elements flourished largely in the last of the old empires, or that of Rome, which before its fall had transcended all that went before in commerce, civilization, learning, refinement, science, art, as well as in grandeur and extent of territory.
We have spoken of the fall of the Roman Empire. This occurred in the beginning of the fifth century. We will just glance at the state of Europe immediately before the dissolution of that vast empire. The Roman Empire (which comprised Italy and the adjacent territories) was at that time and had been for centuries the only kingdom in Europe where the arts of peace and civilization reigned. All the vast countries north of the Alps, west of the Mediterranean, and east and north of the Adriatic seas, were in a state of comparative, if not complete barbarism. Among the people who inhabited these countries we may name the Franks, who occupied Gallia or modern France;
the Goths, Vandals, and Germanic tribes, who occupied modern Germany; the Scythians and other Sclavonic races who occupied modern Russia; the Visigoths, who occupied Spain; the Celts, who dwelt in Great Britain and Ireland; and the Scandinavians, who occupied the north of Europe, or Lapland, Sweden, and Norway. These various populations were, during the zenith, and down to the fall of the Roman Empire, in a state of semi if not perfect barbarism. A great portion of them were nomadic or roving tribes, and had in their career of devastation and conquest traversed the vast plains of Asia and eastern Europe, before taking up a more settled though not permanent abode in the broad plains and forests of Germany, Spain, and Russia. The Goths, Scythians, and Sclavonic tribes who thus poured into Europe, were emigrants from Asia. The native races who inhabited eastern Europe were unequal to repel the savage invasions of these formidable marauders, who inundated Europe with their fierce and unsettled bands. If we may credit the account given of these tribes by the Roman writers of the period, their manners were savage, their habits of life simple, but of a roving and predatory character. By the Roman historians they are invariably styled—the Barbarians. They cultivated not commerce, they built not cities, they dwelt not in luxurious towns. Their abode was the vast forest or plain, their occupation hunting and war, their food the produce of the chase or the plunder of war, their dress the skins of beasts and articles of the rudest manufacture. Yet in their spirit was energy, in their hearts a love of conquest and aggrandisement. After having for ages in vain withstood the conquering arms of Julius Cæsar and other Roman commanders, they in turn became the assailants. After the reign of Augustus Cæsar the military spirit of the Romans decayed their energy declined, their ambition was lost. The chief people surrendered themselves to all the enervating effects
of pleasure and luxury. No valorous chief led the army in the field, no Cato or Tully thundered alarm in the Capitol, to summon the inhabitants to glory or even defence:—they were rather found revelling in riot and debauchery at home. No Pompey governed in Spain; no Sallust was Prætor in Numidia. The race of the wise and mighty had departed. The infection had reached the common people, who were equally given up to indolence, license, riot, debauchery, and sloth. In this state was Rome and the Romans, when the barbarians rose in the north under Alaric, King or Chief of the Goths, descended the Alps with the rapidity and force of the avalanche, overthrew the empire, and possessed Rome. Then was presented a scene the most unexampled the world ever beheld. The chief or warrior who a few months before held his counsels in a hut or wigwam on the banks of the Danube or Rhine, was seated on the throne of the Cæsars—the herdsman of the forest inhabited the palaces of Rome. The savage hid himself in the fine linen of the Roman citizen—the barbarian covered himself with patrician gold. The effeminate luxury of the Empire had yielded all to the insatiate energy and ambition of the North.
But even the nomadic tribes of central Europe found the miseries and inconveniences of a wandering and predatory life. The Saxons, Goths, and Scythians experienced the comforts and enjoyments of a settled and stationary life. They even grew weary of conquest, and knew the hazard of warlike achievements. They therefore wished to settle down upon some fixed and definite territory. They determined to appropriate a place which they could call their home, and to inhabit a country which they could call their own. They saw the precarious subsistence which awaited those who depended on the spontaneous produce of the earth, and the greater riches which would
accrue from a cultivation of the soil. They therefore resolved on a stationary life. But this new life must have order and laws. There must be a Head to whom they should look up, a law or rule which they should obey. The warrior or chief under whose guidance the tribe had conquered and become powerful, was chosen Head of the community, and Lord paramount of the soil. The lesser warriors or captains were placed next in degree and power. The people at large were in a state of vassalage and dependence upon the Lord paramount and his Esquires and Deputies. The Lord paramount built and fortified a castle on some eligible spot in the domain. This castle was used for the residence of the Lord and his family in time of peace, and for the hospitable reception of his retainers and dependents. But in time of war the castle was the refuge and resort of all the inhabitants of the domain. There they retired before the superior number or power of the enemy, and were generally safe. Thence arose the rights and duties of chief and people. The chief owed to the people protection and security from foreign enemies, as well as arbitration and counsel. The people on the other hand owed the Lord suit and service in time of war to repel the common enemy, and allegiance at all times. For these purposes in time of peace the vassals or people farmed and cultivated the domain for their own benefit, paying to the Lord rent, suit, and service. The Lord reserved for his own use a large tract in the vicinity of his castle. Should any dispute arise between the tenants or vassals respecting the ownership or cultivation of their respective tracts of the domain, or otherwise, the Lord was arbiter or judge. Afterwards and in process of time the Lord called his chief dependents or vassals to assist him in the arbitrament of his subjects’ disputes. These tribunals were subsequently called the Baron’s Court, or Court of the Manor, and were the only tribunals of justice in the earlier period of the feudal society. The