Feudalism by: Steven, Jake and Ryan
When and Where
Feudalism was a political system employed in Europe (mainly England) during approximately 800-1400
CE, revolving around land ownership and class structure
Main Features of the Feudal Legal System
Feudalism wasn’t just a system of law; it governed and shaped many aspects of medieval life. In the
system land owners (called lords) gave out pieces of their land (called fiefs) to people (known as vassals)
for usage in exchange for their loyalty and services to the lord.
Lords were the absolute figures of authority over their land, with the only people having more influence
and power being the royalty themselves. The ways in which a vassal could pay his lord differ and could
be anything from military service, to food, to money. Since lords had absolute power and rule over their
vassals this lead to the legal aspect of the system. This created a hierarchy or ranking based on title.
Any time there was a wrongdoing on a lord’s land the vassals could choose to take it up in feudal court
with their lord. The accused and their accuser would appear before their lord and have him make a
decision and punishment for the guilty. Since law was decided by lords it was not consistent and
punishments for crimes could vary greatly across the country, sentencing dependant on the lord’s
disposition. If the accused was found innocent the accuser would get the punishment for the crime and
both would be imprisoned before the trial. The system lords used to reach verdicts in cases was often
that of trials, consisting of things such as trial by oath or trial by ordeal.
Trial by Oath
Trial by oath required the defendant to swear his innocence upon the bible, letting god take hand in the
case. It was not always an option and was picked based on the circumstances of the case. Oftentimes in
these cases the accused required “oath-helpers” to attest to his innocence and good nature upon the
bible as well. This system was effective at the time due to the strong influence religion had and the fear
of divine retribution. It is important to note oath-helpers were a precursor to things like character
witnesses we see today.
Trial by Ordeal
The other method for deciding cases was trial by ordeal. In this the accused went through some sort of
torture and left his fate in the hands of god. If the accused had survived the ordeal he was deemed
innocent, if not he was guilty. Common ordeals included: trial by fire, trial by hot water, trial by cold
water, and trial by combat.
Trial by Fire
In trial by fire a hot object is placed into the defendant’s hand the wound is left to heal for 3 days, if it is
healed he is innocent, if infected he is guilty
Trial by Hot Water
Similar to trial by fire, in trial by hot water the accused's hand is submerged in boiling water, the wound
is left to heal for 3 days, if it is healed he is innocent, if infected he is guilty.
Trial by Cold Water
In trial by cold water the defendant is tied and thrown in water, if he sinks he is innocent and if he floats
he is guilty
Trial by Combat
In trial by combat the accused and the accuser fight to the death to determine the innocent one
Examples of Laws
Feudalism didn't necessarily create any laws or punishments of its own, but rather it was a new way of
caring out the law, where identifying the guilty and administering punishment were the responsibility of
the lords who owned the land. Since the lords who owned the land decided the law and the punishment
for each offence.
Impact on Canadian Legal System
The ideal of having someone else represent you, like in trial by combat were the participants can chose
to have another person fight on their behalf, this has evolved into having a lawyer represent you and
your case today.
The feudal system formed the basis for our modern day property laws, as a lord's vassals had to donate
an amount of their crop or produce to the lord or lords who owned the land and to the church.