free-thinking, licentious, and haughty aristocrat:
the first was the impersonation of religious faith and prowess; the last
of feudal pride. It was therefore inevitable, that in the course of that
great struggle between the two elements which ended in the triumph of the
popular cause and the establishment of the Commonwealth, feudal arrogance
and oppression received a fatal shock.
The leading principle or idea embodied in the feudal system was that of a
head, or chief, with dependence by the vassals and retainers. The same
principle pervades our laws and institutions, and is in a great measure
the fruit or effect of the feudal polity. Among other instances of its
operation we may mention the law of primogeniture, the object being to
create a family chief. The property qualifications necessary for
parliamentary rights and representation, for the magistracy, and other
stations of power and dignity, are illustrations of the same effect. The
Peers sit and vote in the Upper House of Parliament as Barons of the
Realm; while the Members for counties in the other House are returned as
Knights of the Shire; and the Judges of the land are designated Barons of
the Exchequer, or Knights' Justices; and the parliamentary Members for
boroughs are styled Burgesses,--thus still retaining their feudal
distinctions. The preponderance everywhere given to property in land,
over wealth in money, trade, or other moveable goods, is a result of the
same policy. Indeed it may be said, that the leading principles which
govern property in this Kingdom, have their main origin and foundation in
the feudal system; although the legislation of the last half century has
done much to abolish the enormities with which it was theretofore
disfigured.
But it may be asked, what were the effects of the system which we have
briefly sketched? Were they good or evil? Did they advance or retard
human society and civilization? These are difficult and important
questions, in the solution of which probably few will entirely agree.
That the feudal state was rendered necessary by the circumstances of the
period, we have, we think, sufficiently shown. That its influence has
been in some respects beneficial is also incontestible. The predominant
feature of the feudal dominion was force--physical force; and this was
the only one suited and practicable for the barbarian population of
Europe in the middle centuries. Reason and right were terms unknown and
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