, essentially FEUDAL, the government was different from that
to which we apply the term FEUDALISM, which appears to imply baronial
castles, armed men, and an oppressed people.
I venture to suggest to some modern writers that further inquiry will
show them that FOLC-LAND was not confined to commonages, or unallotted
portions, but that at the beginning it comprised all the land of the
kingdom, and that the occupant did not enjoy it as owner-in-severalty;
he had a good title against his fellow subjects, but he held under the
FOLC-GEMOT, and was subject to conditions. The consolidation of the
sovereignty, the extension of laws of forfeiture, the assumption by
the kings of the rights of the popular assemblies, all tended to the
formation of a second set of titles, and BOC-LAND became an object of
ambition. The same individual appears to have held land by both titles,
and to have had greater powers over the latter than over the former.
Many of those who have written on the subject seem to me to have failed
to grasp either the OBJECT or the GENIUS of FEUDALISM. It was the device
of conquerors to maintain their possessions, and is not to be found
among nations, the original occupiers of the land, nor in the conquests
of states which maintained standing armies. The invading hosts elected
their chieftain, they and he had only a life use of the conquests. Upon
the death of one leader another was elected, so upon the death of the
allottee of a piece of land it reverted to the state. The GENIUS of
FEUDALISM was life ownership and non-partition. Hence the oath of fealty
was a personal obligation, and investiture was needful before the
new feudee took possession. The state, as represented by the king or
chieftain, while allowing the claim of the family, exercised its right
to select the individual. All the lands were considered BENEFICIA,
a word which now means a charge upon land, to compensate for duties
rendered to the state. Under this system, the feudatory was a commander,
his residence a barrack, his tenants soldiers; it was his duty to keep
down the aborigines, and to prevent invasion. He could neither sell,
give, nor bequeath his land. He received the surplus revenue as payment
for personal service, and thus enjoyed his BENEFICE. Judged in this way,
I think the feudal system existed before the Norman Conquest. Slavery
and serfdom undoubtedly prevailed. The country prospered under the
Scandinavians; and, from the great abundan
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