Yesterday, November 28, 2004, Scotland abolished
the last vestiges of feudalism.
Age-old Scots
property rights end: Laws abolishing 800 years of feudal
property rights have come into force in Scotland.
[The legislation] effectively brings to an end a system where
feudal superiors had control over what could be done with land and
property - even when it was owned by someone else.
J. & H. Mitchell, W.S., a Scottish firm of solicitors and
estate agents
explains
the Abolition of Feudal Tenure (Scotland) Act 2000:
The Scottish system of land ownership has been based on
the feudal system since the Middle Ages, the feudal theory being
that all land belongs to the Crown who would originally grant feu
charters to noblemen in exchange for promises of military service
etc. These nobles in turn would grant feu charters of areas of land
to vassals in exchange for services or payment of feuduty.
...
[A]ll the remaining aspects of the feudal system [are abolished] as
at 28th November 2004. On that date the feuar as owner of the
dominium utile of the feu becomes the absolute owner, equivalent to
the English freehold system. The feudal superiority and concept of
feudal superior will simply cease to exist.
Hence the twist on the line from
Monty Python and the Holy
Grail spoofing the relation of lord to vassal.
Many things come to mind hearing of this: how property rights
interact with social relationships, hierarchy and authority, and
change as organic versus upheaval.
Apropos the last, I was reminded of a quote from Chesterton:
There exists a certain institution or a law; let us
call it, for the sake of simplicity, a fence or gate erected across
a road. The more modern type of reformer goes gayly up to it and
says: 'I don't see the use of this; let us clear it away.' To which
the more intelligent type of reformer will do well to answer: 'If
you don't see the use of it, I certainly won't let you clear it
away. Go away and think. Then, when you come back and tell me that
you do see the use of it, I may allow you to destroy it.'
[in The Thing: Why I Am a Catholic]