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Feudal System

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

The system of feuds or fiefs; that is, estates in land held of a superior by the tenure of service. A system of tenure, the origin of which is generally traced to the peculiar policy and usages of the northern nations who overturned the Roman empire, and settled in its provinces; and which from rude beginnings grew up gradually into a vast body of institutions, which prevailed throughout Europe for many centuries, and has left important traces of its existence not only in that continent, but in America. The nature and history of this system have been so often discussed that it will be sufficient to refer to the leading authorities on the subject.

2 BL Com, 44, chap. iv. 1 Steph, Com, 160, et seq, 3 Kent's Com, 487, lect. liii.

Spelman, voc. Feodum, 1 Robertson's Charles V. 10, 12 and Appendix, note viii. Esprit des Loix, liv.

30. 1 Hallam's Middle Ages, 80, et seq.

Mr. Spence's theory is, that the sources of the feudal system are to be found in the rela^ tion of patron and client in the Roman provinces, and in the distinction between dominium directum and dominium utile in the Roman law.

1 Spence's Chancery, 28, et seq,