Feud in United Kingdom

Meaning of Feud

The following is an old definition of Feud [1]: Land held of a superior, on condition of rendering him service. Opposed to allodium, the absolute or ultimate property, which continued to reside in the superior. See Allodial. A tract of land held by a voluntary and gratuitous donation, on condition of fidelity and certain services. The constitution of feuds originated in the military policy of the Celtic nations, a policy which was continued in their acquisitions after the tall of the Roman empire. To secure those acquisitions, large districts of land were allotted by the conquering general to his superior officers, and by them, in smaller parcels, to the inferior ofleers and most deserving soldiers. These allotments were called feods, feoda, feoffs, feus, fiefs, fieus, and fees – conditional stipends or rewards. The condition annexed was, that the possessor should do service faithfully, at home and in war, to him by whom they were given; for which purpose he took the oath of fealty (see, in this resource, the term), and for a breach of this condition and oath, by not performing the stipulated service or by deserting the lord in battle, the lands were to revert to him who granted them. Allotments, thus acquired, mutually engaged such as accepted them to defend them; and, as they all sprang from the same right of conquest, no part could subsist independently of the whole; wherefore, all givers as well as all receivers were mutually bound to defend each other’s possessions. But as that could not be done effectually in a tumultuous, irregular way, government, and, to that purpose, subordination, was necessary. Every receiver of lands was therefore bound, when called upon by his benefactor, or the immediate lord of his feud or tee, to do all in his power to defend him. Such benefactor or lord was likewise subordinate to and under command of his immediate benefactor or superior; and so upward to the prince or general himself; and the several lords were also reciprocally bound, in their respective gradations, to protect the possessions they had given. Feudal; feodal. Relating to a feud or feuds: as, feudal services or tenures, the feudal law or system. Feudalism. The feudal system; the principles and constitution of feuds. Feudalize. To reduce to feudal tenure. Feudary. Held by or concerning feudal tenure: also, the tenant of a feud. Feudatory; feudatary. A feudal proprietor, or person who received a feud. Feudist. One versed in feudal law. Feudal system. A system of militai-y tenure of landed property, adopted by the general assembly of the principal landholders of the realm (Brittany) for self-protection. Prevailed froni the ninth to the thirteenth centuries, attaining maturity under the Conqueror – 1066-1087. Something similar had been in use among the Saxons. The fundamental maxim was, all lands were originally granted b.v the sovereign, and are, therefore, held mediately or immaiiately of the crown. The grantor was the proprietor or lord; the king was “lord paramount;” his immediate tenants were ”lords mesne” – tenantsin capite, in chief; their tenants were ” tenants paravail: ” they made profit (avail) out of the land. At first, grants were held at the will of the lord; then, for a certain period; next, by the grantee and one or more sons; about 1000 A. D., they became hereditary. Ceremonies observed were: presentation of the prospective tenant; the grant – dedi et concessi, I have given and granted; corporal investiture – putting a robe on the tenant, before witnesses; homage or man-hood – professing to “become his (the lord’s) man . . . of life, and limb and earthly honor.” The service to be rendered was called the rent. See Delivery, 1. The grant was made upon the personal ability of the grantee to serve in war, and do suit at court. Hence, he could not alien, nor exchange, nor devise, nor encumber, without consent of the lord. For those reasons, also, women and monks were never made grantees. The grantor assumed to protect the grantee in his enjoyment of the land, and was to supply other land of equal value if the tenant was deprived of the grant. The services were: free – such as a freeman or soldier might perform; or base – fit for one of servile rank. In quantity and time they were also cei’tain or uncertain.The tenure was: 1. Frank-tenure: on consideration of military service and homage. When such service was free but uncertain, the tenure was termed “knight-service,” or “tenure in chivalry” – the most honorable of all. When the servicts was both free and certain, as fealty, or fealty and rent, the tenure was termed ” free-socage.” 2. Villeinage; “pure,” when the service was base and uncertain; and ” privileged,” when the service was base but certain. The last spe- cies was called “villain socage.” See Socage. Inseparably incident to tenure in chivalry were: aids, relief, primer seisin, wardship, marriage, fines for alienation, and escheat, qsee, in this resource, the term Under the great survey, made in 1086, the realm was divided into sixty thousand knight’s fees, corresponding to the number of men in the army. Personal service was gradually changed into pecuniary assessments; and, finally, by statute of 12 Chas. II (1661), military tenures were abolished. In the United States, while lands are generally declared to be allodial, feudal principles, adopted as part of the common law of England, continue to be recognized. The feudal system, to perpetuate estates in the same family, favored the heir-at-law. Hence, English courts have placed the narrowest construction on the words of wills. The Eevolution threw off the dominion of the mother country, and established the independent sovereignty of the colonies or States. In Pennsylvania, for example, an act was passed, November 27, 1779, for vesting the estates of the late proprietaries in the Commonwealth. The manors and lands which had been surveyed for them were excepted, and a pecuniary compensation provided. The ” province ” had been a fief, held immediately of the crown. The Revolution, and subsequent legislation, emancipated the soil from the chief characteristic of the feudal system. After this change, the proprietaries held their lands as other citizens – under the Commonwealth, by a title purely allodial. Lands are now held mediately or immediately of the State, but by titles cleared of the rubbish of the dark ages, excepting only the feudal names of things no longer feudal. . . The State sold her lands for the best prioe she could get, and conferred upon the purchasers the same absolute estate she held, excepting the fifth part of any gold or silver found, and six acres in the hundred for roads; and these have been reserved, as everything else has been granted, by contract. Her patents acknowledge a, pecuniary consideration, and stipulate for no fealty, escheat, rent-service, or other feudal incident. The State is the lord paramount as to no man’s land. When any of it is wanted for public purposes, the State, in virtue of her political sovereignty, takes it, but she compels herself, or those who claim under her, to make full compensation to the owner. Subinfeudation. Subletting part of a feud; carving smaller holdings out of a feudal estate. Since this deprived the superior lord of his profits of wardship, marriage, and escheat, which fell into the hands of the middle lord, it was restricted by Magna Charta, c. 32 (9 Hen. 3, 1225), and by Quia Emptores (18 Edw. 1, 1290) entirely suppressed, and alienation, in the modern sense, introduced. To feu; a feu. A right to the use of lands, houses, and other heritable subjects, In perpetuity, in consideration of an annual payment in grain or money, called feuduty, and certain other contingent burdens. whence (the word(s) which follow it are derivatives from the same root word), a.lso, feu farm, feu holding. Practically, a sale for a stipulated annual payment equivalent to chief rent. Modem feu-duties are generally paid in money. On this footing almost all the house property in towns, and-suburban-villa property, in Scotland, is held. Compare Farm, Fee farm. See also Abeyance; Attainder; Attornment; Demesne; Descent, Canonsof; Escheat; Fee; Feoffment; Primogeniture; Pueblo; Relief; Tenure; Villain; Ward, 3.

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Notes and References

1. Concept of Feud provided by the Anderson Dictionary of Law (1889)