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Topic: Feudal law

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  law. The Columbia Encyclopedia, Sixth Edition. 2001-05
The first law code in Roman history was the Law of the Twelve Tables, the prelude to the development of Roman law, a highly elaborate system that has had immeasurable influence on the growth of Western law.
Roman law, together with the Bible, was the basis of canon law, the legal system of the Roman Catholic Church, while Muslim law was derived from the Qur’an and the traditional sayings of Muhammad, and later Hebrew law was based on the Talmud.
Feudal law also showed the effects of Roman law, although in theory it was based not upon any concept of the state but on personal relations (see feudalism).
www.bartleby.com /65/la/law-law.html   (701 words)

 [No title]   (Site not responding. Last check: 2007-11-07)
From the thirteenth century onwards feudal law continued to be appealed to and feudal principles were sometimes formulated even more sharply than before, but the modern State was beginning to assert itself in most European countries in an unmistakable manner and its influence began to modify the fundamental conceptions of feudalism.
Of course, the processes of customary law were greatly hampered and even modified by the fact that the freeholders had access to the royal courts, and so could challenge the verdicts of the manorial jurisdiction and the decisions of the township in the royal courts.
Feudalism, natural husbandry, the sway of the military class, the crystallisation of powers and rights in local centres, are phenomena which took place all over Western Europe and which led in France, in Germany, in Italy and Spain to similar though not identical results.
socserv2.socsci.mcmaster.ca /~econ/ugcm/3ll3/vinogradoff/feudal   (9209 words)

 "Feudal Law / Feudalism" Defined & Explained
The 'Lectric Law Library's Legal Lexicon On FEUDAL LAW - By this phrase is understood a political system which placed men and estates under hierarchical and multiplied distinctions of lords and vassals.
In the U.S. the feudal law never was in its full vigor, though some of its principles are still retained.
FEUDALISM - The relations and interdependence between lord and vassal, based on the fief, or ownership of land.
www.lectlaw.com /def/f024.htm   (270 words)

 [No title]
At the same time the law governing the bestowal of fiefs, the rights of lords and vassals, and the complicated property rights of fiefs emerge from unwritten, ill-defined, customary chaos in which rules and principles were fluid.
When a feudal contract passed from one generation to another, the bonds that the contract cemented were renewed in public ceremonies that reminded each party of its obligations and duties.
The earliest reports of court cases involving feudal disputes and using feudal law date to the late twelfth century, and their numbers proliferate during the thirteenth and fourteenth centuries.
faculty.cua.edu /pennington/Law508/FeudalLaw.htm   (2675 words)

 MSN Encarta - Print Preview - Feudalism
The fief was embedded in the customary law of western Europe, and the incidents of feudalism, such as wardship and marriage, escheat and forfeiture, continued to flourish after feudal military service died out.
In England feudal tenures were abolished by statute in 1660, but they lingered on in parts of the Continent until the customary law was replaced by Roman law, a process completed by Napoleon.
Roman law substituted other legal notions for feudal ones on the Continent, but in England the common law continued to be basically feudal law.
encarta.msn.com /text_761568817___13/Feudalism.html   (277 words)

 Feudal Titles
In the early feudal times this was extended to allow the king's barons, his tenants-in-chief, to have their own barons through a process of subinfeudation, but the continuation of this practice was restricted in England when King Edward I recognised the danger it represented to his centralised power and fiscal efficiency.
Feudal Law gives the title of Baron to all those who hold the absolute jurisdiction which is carried by the grant of furca et fossa - the power to hang men, and to drown women, found guilty of capital offences by a baronial court.
In brief: a feudal title is a territorial dignity which passes with the ownership of the lands to which it is attached; a peerage title is a personal dignity which will pass, if it is not a life peerage, according to the "remainder" or "destination" specified at the time of its creation.
www.baronage.co.uk /bphtm-01/essay-3.html   (890 words)

 Medieval Sourcebook: Medieval Legal History
The Law of Brusthem, 1175, on a mixed marriage between a slave and a freewoman.
Cain Adamnain: An Old-Irish Treatise on the Law of Adamnan
Laws of Alfred and Ine [In Anglo Saxon] [At Labryinth]
www.fordham.edu /halsall/sbook-law.html   (4132 words)

 Lecture 21: Feudalism and the Feudal Relationship
Feudalism highlighted the fact that only those men who could guarantee immediate protection and security from a war, invasion, and famine, were the true lords.
In other words, the personal relationships embodied in the concept of feudal society as it made its appearance in the 8th and 9th centuries had become, by the 10th an 11th centuries, merely the means for the acquisition of more private property.
Furthermore, Roman law was rational because it was believed to be in accordance with natural laws applicable to all, and it was systematic in that it offered a framework of standards that applied to individual cases.
www.historyguide.org /ancient/lecture21b.html   (2316 words)

 Personal and property rights (from common law) --  Encyclopædia Britannica
The guarantees of due process of law given in Magna Carta in 1215 and the English Bill of Rights of 1689 are reflected in the first ten amendments to the federal Constitution, which were passed in 1791 and are known as the Bill of Rights.
What distinguishes property law from other kinds of law is that the principles, policies, and rules of property law deal with the relationships between and among members of a society with respect to...
The term originated in feudal England, where the “waste,” or uncultivated land, of a lord's manor could be used for pasture and firewood by his tenants.
www.britannica.com /eb/article-40247?tocId=40247   (1044 words)

 Scots law   (Site not responding. Last check: 2007-11-07)
Scots law (or Scottish law) is the law of Scotland.
It is worth noting that Feudal law has never existed in the Islands of Orkney and Shetland, which rather use a system called Udal Law, owing to their historic ties to Norway.
By 1560 the Reformation removed Papal authority and Canon Law jurisdiction was taken over by the Commissary Courts, whose jurisdiction, along with that of the Scottish Court of Exchequer was subsumed into that of the Court of Session in the 19th century.
www.worldhistory.com /wiki/S/Scots-law.htm   (2461 words)

 William Blackstone: Of the Feudal System
Thus the feudal connection was established, a proper military subjection was naturally introduced, and an army of feudatories were always ready enlisted, and mutually prepared to muster, not only in defense of each man's own several property, but also in defense of the whole, and of every part of this their newly acquired country:
This introduction however of the feudal tenures into England, by king William, does not seem to have been effected immediately after the conquest, nor by the mere arbitrary will and power of the conqueror; but to have been consented to by the great council of the nation long after his title was established.
And by this means the feudal polity was greatly extended; these inferior feudatories (who held what are called in the Scots law "rere-fiefs") being under similar obligations of fealty, to do suit of court, to answer the stipulated renders or rent-service, and to promote the welfare of their immediate superiors or lords.
www.lonang.com /exlibris/blackstone/bla-204.htm   (2747 words)

 The Case for Udal Law.   (Site not responding. Last check: 2007-11-07)
Feudalism is a contract between monarch and subject for the benefit of both.
This, the ‘Poundlar’ Case, was referred to Bergen for proof as the Bergen Court was cognisant of Orkney Law (Drever, WP 1933 Udal Law in Dunedein and Wark (Eds) Encyclopaedia of the Lawsof Scotland 15:para 713).
Norse Law remains the legal framework of the Isles, however compromised, overlain or contradicted by the [illegal] intrusion of Scots, feudal Law.
www.udallaw.com /udalcase.htm   (4846 words)

The law of 1790 had declared that if any one leased a piece of land, he could purchase it by paying a sum equivalent to twenty or twenty-five times the annual rent; and this condition was accepted by the peasants.
Such a contract was as much tinged with feudalism as those that had served in centuries past to enslave the peasants; the Convention saw in it the mark of feudalism, and therefore it gave the land to the peasant who rented it, without asking any indemnity for it.
In France alone, where the abolition of the feudal system was carried out by a revolution, the change has acted against the lords, as an economic and political caste, to the advantage of the great mass of the peasants.
dwardmac.pitzer.edu /Anarchist_Archives/kropotkin/frenchrev/l.html   (1369 words)

 Article: Revolution in Scottish Land Law, vol. 8.3
The answer is for her to use a feudal grant, because the law allows a bare superiority to act as a benefited property.
The point was that, although real burdens have been used heavily in a feudal context, they have regularly been used in non-feudal transfers too, for example, where someone sells part of their land by way of an ordinary deed of transfer (disposition) and imposes burdens.
Human rights law was therefore one of the reasons why the Scottish Law Commission moved to a scheme which did not increase the amount of common property in a tenement.
www.ejcl.org /83/art83-5.html   (5684 words)

 [No title]
ESCHEAT: The right of a feudal lord to the return of lands held by his vassal, or the holding of a serf, should either die with out lawful heirs or suffer outlawry.
FEUDALISM: The system of governing whereby semiautonomous landed nobility have certain well defined responsibilities to the king, in return for the use of grants of land (fiefs) exploited with the labor of a semi-free peasantry (serfs).
But he is also required to advise his lord and pay him the traditional feudal aids required on the knighting of the lords eldest son, the marriage of the lords eldest daughter and the ransoming of the lord should he be held captive.
eserver.org /langs/feudal-dictionary.txt   (4517 words)

 tenure, in law: Feudal Tenure and Its Evolution   (Site not responding. Last check: 2007-11-07)
Those who were feudal tenants always held land of another (the lord or landlord) to whom obligations were owed.
In the development of the law of land perhaps the most important incident was the fine for alienation.
Reconstructing the African commons: after a century of demise, the traditional capacity in Africa to hold rural lands in common is seeing a wave of unexpected recognition in revised national land laws in eastern and southern Africa, a development which could signal a dramatic turning point in the future of common properties.
www.infoplease.com /ce6/society/A0861492.html   (972 words)

This was the idea that the laws based on the common practices and traditions of the people (that developed during centuries of feudalism) had the force of state law.
This kind of law was not easily changed by any political authority (since it was rooted in history, not based on the authority of any individual.) In fact it was this tradition of common law that gave rise to the idea of constitutional government later in England's history.
By reinforcing feudal traditions and customs, then, the English kings allowed the feudal lords to hold on to much of their local power, and made possible the entrenchment of traditions of feudal/common law.
www.hcc.hawaii.edu /distance/hist151/magna.htm   (2468 words)

 Glorfindel of Gondolin: Feudalism: why not?
The paths to the top under feudalism are unfamiliar to us, but they existed, and they were traveled upon.
I'm not convinced, though, that feudalism implies either that our ability to hypothesize should be limited, or that our actual social mobility should be any less than what it is now.
For instance, if I were Feudal Overlord of Michigan Law School, you would be treated to a kinder, gentler feudalism, where merit and hard work could earn you all the chances you want to advance as my lackey.
www.cuivienen.org /blog/archives/000208.html   (1546 words)

 Further development of equity (from common law) --  Encyclopædia Britannica   (Site not responding. Last check: 2007-11-07)
Precedent was being followed, and law reports of equity decisions and books on equity began to be published.
fundamental principles of logic: (1) law of contradiction—something cannot exist and not exist at the same time; (2) law of excluded middle—something either exists or it does not, no middle condition is possible; (3) law of identity—something is always identical with itself; 20th-century philosophers have criticized, even rejected, the laws, which derive from ancient...
These regulations came to be called blue laws because of the blue paper on which they were originally printed.
www.britannica.com /eb/article-40234?tocId=40234   (901 words)

 Harvard University Press/Law and Revolution
Harold J. Berman is Woodruff Professor of Law, Emory University, and Ames Professor of Law, Emeritus, Harvard University.
Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law.
Law and Revolution, II: The Impact of the Protestant Reformations on the Western Legal Tradition
www.hup.harvard.edu /catalog/BERLAW.html   (305 words)

 Adams Electronic Archive : John Adams diary 10, includes legal notes, 24 January - 21 February 1765 , August 1765
The Law of Inheritances in England originates in the Feudal Law.
For the feudal Connections and subordination, and services, were necessary for their Defence against the Inroads and Invasions of their Neighbours, andc.
Our Plan must be, when we have finished the feudal Law, to read Coke Littleton, and after him a Reign and the Statutes of that Reign.
www.masshist.org /digitaladams/aea/cfm/doc.cfm?id=D10   (3045 words)

 A Dissertation on the Canon and Feudal Law   (Site not responding. Last check: 2007-11-07)
This, however, has been known by the great to be the temper of mankind; and they have accordingly labored, in all ages, to wrest from the populace, as they are contemptuously called, the knowledge of their rights and wrongs, and the power to assert the former or redress the latter.
Since the promulgation of Christianity, the two greatest systems of tyranny that have sprung from this original, are the canon and the feudal law.
Let the bar proclaim, "the laws, the rights, the generous plan of power" delivered down from remote antiquity, — inform the world of the mighty struggles and numberless sacrifices made by our ancestors in defense of freedom.
www.ashbrook.org /library/18/adams/canonlaw.html   (4181 words)

 St. George Tucker: Of the Feudal System
) are plainly feudal: for, first, it requires the oath of fealty, which made in the sense of the feudists every man that took it a tenant or vassal; and, secondly, the tenants obliged themselves to defend their lord's territories and titles against all enemies foreign and domestic.
Our ancestors therefore, who were by no means beneficiaries, but had barely consented to this fiction of tenure from the crown, as the basis of a military discipline, with reason looked upon these deductions as grievous impositions, and arbitrary conclusions from principles that, as to them, had no foundation in truth.
And, as the feudal obligation was looked upon as reciprocal, the feudatory being entitled to the lord's protection, in return for his own fealty and service; therefore the lord could no more transfer his seignoiry or protection without consent of his vassal, than the vassal could his feud without consent of his lord:
www.lonang.com /exlibris/tucker/tuck-304.htm   (2790 words)

 feudalism.htm   (Site not responding. Last check: 2007-11-07)
The Middle Ages: Feudal Life : A fabulous introduction to feudal society.
Feudalism : A great introduction to feudalism written by a high school class.
Feudalism : Not a great deal of content, but I liked the graphics.
www.fidnet.com /~weid/feudalism.htm   (103 words)

 Pufendorf, The Divine Feudal Law: Or, Covenants with Mankind, Represented ToC: The Online Library of Liberty
Samuel von Pufendorf, The Divine Feudal Law: Or, Covenants with Mankind, Represented (1695)
The Divine Feudal Law sets forth Pufendorf’s basis for the reunion of the Lutheran and Calvinist confessions.
For that reason he advocated a reunion of the confessions on the basis of fundamental truths that he believed were contained in the Bible, saying a conciliation should be enforced not by law but by mutual agreement of the dissenting parties.
oll.libertyfund.org /Home2/BookToCPage.php?recordID=0123   (342 words)

 A Dissertation on the Canon and Feudal Law by John Adams   (Site not responding. Last check: 2007-11-07)
It was originally a code of laws for a vast army in a perpetual encampment.
This was certainly intended by that wise and excellent man, as an eternal memento of the wisdom and goodness of the very principles that settled America.
Let it be known, that British liberties are not the grants of princes or parliaments, but original rights, conditions of original contracts, coequal with prerogative, and coeval with government; that many of our rights are inherent and essential, agreed on as maxims, and established as preliminaries, even before a parliament existed.
teachingamericanhistory.org /library/index.asp?document=43   (4054 words)

 The Rule Against Perpetuities by John Chipman Gray   (Site not responding. Last check: 2007-11-07)
Doctrines derived from feudal law have all but disappeared through actions of the courts and legislatures, and the law of future interests has been simplified and reduced to the Rule Against Perpetuities.
This extensive treatise deals with the entirety of the subject, including its history as a doctrine which derived from feudal law, its relations to other parts of the law, and the general principles as they evolved.
His law firm, Ropes and Gray, is one of the largest, is not the largest, in Boston today.
www.beardbooks.com /the_rule_against_perpetuities.html   (600 words)

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