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THE MAKING OF EUROPE / EARLY EUROPEAN HISTORY

From Hutton Webster's, Early European History (1917); edited for this on-line publication, by ELLOPOS

XV. FEUDALISM

Em. Macron, Rediscovering the Path to Europe

» Contents of this Chapter

Rise of Feudalism   * Feudalism as a System of Local Government   * Feudal Justice   * Feudal Warfare   * The Castle and Life of the Nobles   * Knighthood and Chivalry   * Feudalism as a System of Local Industry   * The Village and Life of the Peasants   * Serfdom   * Decline of Feudalism

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FEUDAL JUSTICE

FEUDALISM AS A SYSTEM OF LOCAL JUSTICE

Feudalism was not only a system of local government; it was also a system of local justice. Knights, barons, counts, and dukes had their separate courts, and the king had his court above all. Cases arising on the lord's estate were tried before him and the vassals whom he called to his assistance in giving justice. Since most wrongs could be atoned for by the payment of a fine, the conduct of justice on a large fief produced a considerable income. The nobles, accordingly, regarded their judicial rights as a valuable property, which they were loath to surrender to the state.

JUDICIAL ADMINISTRATION

The law followed in a feudal court was largely based on old Germanic customs. The court did not act in the public interest, as with us, but waited until the plaintiff requested service. Moreover, until the case had been decided, the accuser and the accused received the same treatment. Both were imprisoned; and the plaintiff who lost his case suffered the same penalty which the defendant, had he been found guilty, would have undergone.

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THE MAKING OF EUROPE / EARLY EUROPEAN HISTORY: Table of Contents

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IN PRINT

Cf. The Ancient Greece * The Ancient Rome
Eastern Roman Empire (Byzantium) * Western Medieval Europe * Renaissance in Italy