Introduction to Modern Feudalism

Even I struggle with the terminology used within the old feudal system, but perhaps these comparisons will help people make the modern connection to show that we in fact do live in a modern feudal system.  

The chairs represent the Throne.  Governor General is the Queens representative and the ceremony occurred in Rideau Hall, the Manor House.  The military officer standing behind him represents the Queens army (knights).  The Bible is the holy book upon which the oath is administered.  Justin presented himself to make the oath of fealty as he pays homage to the Queen and received, in exchange for his loyalty and obedience, the symbolic title 'The Right Honourable Prime Minister' (investiture).   He is then a member of the Privy Council, the highest court.

 

A  'Hall' is defined as a 'court' or 'royal residence'.  Rideau Hall is  the official residence (Manor House) of the Canadian Monarch and his / her viceroy (in place of the king), the Governor General of Canada.

The  Governor General is the 'tenant-in-cheif' or 'Lord of the Manor' as he  holds the lands known as CANADA for the Queen under allodial title.   CANADA has been setup as a Manor, upon which Rideau Hall is the Manor House and is why Ottawa is the 'capital'.

1882 Supreme Court of Canada ruling:  Holman v. Green, 6 SCR 707;

Therefore at the date of the admission of Prince Edward Island "into  the Union" pursuant to the provisions of the 146th section of the  British North America Act, the land in question formed part of the  demesne lands of the Crown belonging to that province.

A 'demesne' is all the land retained by the Lord of the Manor for his own use and support, under his own management.

The Lord of the Manor holds a capital manor directly from the Crown.   Manorialism was characterized by the vesting of legal and economic power in a Lord of the Manor, supported economically from his own direct  landholding in a manor, and from the obligatory contributions of a legally subject part of the peasant population under the jurisdiction of  himself and his manorial court. These obligations could be payable in several ways, in labor, in kind, or, in coin (money / taxes).

The authority granted to the Governor General (or Lieutenant Governor) from the Queen is symbolized in the rod (the black rod, not the gold mace).  With that authority, the Lord of the Manor (Governor General) sets up three courts (sovereigns assembly), Executive (Privy Council), Administrative (Parliament) and Judicial, which contains the Supreme Court and all the other lower courts.  This is done to ensure a separation of power to avoid corruption which did not work.  Yes, the Privy council and Parliament (Legislative Assembly) are courts!  The Privy council being the highest court, not the Supreme Court.  Each Manorial Court has a duty to keep track of all the transactions within the jurisdiction of the Manor.   A 'court' is not a place to find justice.  It is the sovereigns assembly to keep track of the records within the Manor, stored on the Manorial Roll.  This is where the term 'Tax Roll' comes from.  

The 'bench' is a 'bank' where transactions are cleared and the records are updated.  Each Court has it's own records that it is responsible for.  If you have title (tenure) to possess land, take a look on it  and you will see yourself listed as a tenant and the lands Tax Roll number.  This shows you that your land is part of the demesne of the Queen.  When this model of feudalism started in 1066, rolls were used to hold the record.  The first inventory done of the demesne was recorded in the  Domesday Book in 1068 by William the Conqueror.  That custom has not changed since.  If you are brought before a court it is because you have failed to fulfill your duties of 'service' and must then 'pay' the price for your disobedience to your master.  

As  a direct consequence of the invasion in 1066, William the Conqueror systematically dispossessed English landowners and conferred their  property on his continental followers. The Domesday Book meticulously  documents the impact of this colossal programme of expropriation, revealing that by 1086 only about 5 per cent of land in England south of  the Tees was left in English hands. (The process taken to setup the demesne of the King). Even this tiny residue was further diminished in the decades that followed, the elimination of native  landholding being most complete in southern parts of the country.  

This same process of disposing and expropriating native control over land occurred in every conquest made since, including but not limited to Turtle Island (aka North America).  The process is now called colonialism!

The courts claim  jurisdiction as a result of ancient custom tied directly to William the  Conqueror in 1066, when feudalism started. 

Alberta Court of Queen’s Bench (N.P. v. LDS Adoption Services, 2006 ABQB 78)

The Norman kings always regarded themselves as the successors of  Edward the Confessor. They were lawful kings of the English; and, as  such, they were entitled to exercise those powers of government which  men believed were put into their hands for the preservation of peace,  the protection of the weak, and the maintenance of justice. Because they  were kings they had powers which transcended the powers of a mere  feudal suzerain. No doubt these powers were vague. But, because they  were vague, they were of the greatest value to kings who were in a  position to exploit them to the uttermost, firstly because they were in  effect conquerors, and secondly because they were men of exceptional  ability and force of character.
 

The conquerors justify their possession of the land and jurisdiction over the conquered, placing them all under feudal tenure. All done through force or threat of force.  Maintaining authority and power through might. As a result, feudal serfs must then get permission to possess land or do any activity they once did freely, prior to conquest.  

 

When  the Queen / King granted a feudal tenure to the Lord of the Manor, a 'black rod' was given to the Lord to symbolize the grant.  It represented the authority to possess the land, hold court and pass laws to govern the  manor.  It also represents the Lord of the Manor's sworn fealty to the Queen / King.  The Lord of the Manor (GG) has an usher responsible for taking care of the 'black rod' and his duties are very clear, especially during ceremony.

The Black Rod is used in Parliament all the time and is held with religious reverence as it is very important item in possession of the Governor General, the current Lord of the Manor (CANADA).
 

To own is "to possess, have; rule, be in command of, have authority over".   However, in the modern feudal system, nobody 'owns' land in CANADA other than the Queen.  Many people may dispute this claim, but from the point of view of the State and the courts, this is how land is viewed.

In feudalism, land itself was never privately "owned" but rather was "held" by a tenant (from Latin teneo "to hold") as a fee, being merely a legal right over land known in modern law as an estate in land. This was held from a superior overlord, ( a mesne lord), upon some manner of service under one of a variety of feudal land tenures. The thing held is called a tenement, the holder is called a tenant, the manner of his holding is called a tenure, and the superior is called the landlord, or lord of the fee. These forms are still  preserved in law to this very day and the tenure most people hold is 'Fee Simple'.

The word 'reserve' is defined as:  The action or fact of reserving or retaining for oneself some right or interest in property which is being conveyed to another. Indian Reserves are tenements where the land is retained for the Queen but the interest in the property is conveyed to specific 'Indian Bands'.   The indigenous not being the 'owners' but rather possess the land as collective tenents with special privileges granted to them by the Queen and governed through band councils who have the Queens authority to govern the reserves.   

Most other tenents hold a fee-simple tenure. The claim that no rent or similar obligations are due from the tenant holding property under a tenement in fee simple is only partially true. For example, a  rentcharge may exist requiring a freeholder to pay a fixed sum of money closely resembling rent, and many jurisdictions have created financial obligations that may be imposed on a freehold estate. In Canada, fee simple owners are subject to property tax and the revenue generated is directed to the municipality's (Manor) general fund, which is recorded  in the Manorial Roll. If you think you 'own' land, try not paying the rent and see what happens. 

A 'settlement' is nothing more  than a 'colony' which is defined as 'settled land' of 'tenant farmers'.   CANADA is not a nation but instead is merely a colony.

If you want to learn more about modern feudalism, there is a fantastic book written in 1826 "A Treatise on Copyhold" by Charles Watkins (free downloads on line)

Volume One

Volume Two