Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/117

 Ch. 7. allodium ; which latter the writers on this ubject define to be every man's own land, which he poeeth merely in his own right, without owing any rent or ervice to any uperior. This is property in it's highet degree; and the owner thereof hath abolutum et directum dominium, and therefore is aid to be eied thereof abolutely in dominico uo, in his own demene. But feodum, or fee, is that which is held of ome uperior, on condition of rendering him ervice; in which uperior the ultimate property of the land reides. And therefore ir Henry Spelman defines a feud or fee to be the right which the vaal or tenant hath in lands, to ue the ame, and take the profits thereof to him and his heirs, rendering to the lord his due ervices; the mere allodial propriety of the oil always remaining in the lord. This allodial property no ubject in England has ; it being a received, and now undeniable, principle in the law, that all the lands in England are holden mediately or immediately of the king. The king therefore only hath abolutum et directum dominium ; but all ubjects' lands are in the nature of feodum or fee; whether derived to them by decent from their ancetors, or purchaed for a valuable conideration; for they cannot come to any man by either of thoe ways, unles accompanied with thoe feodal clogs, which were laid upon the firt feudatory when it was originally granted. A ubject therefore hath only the uufruct, and not the abolute property of the oil; or, as ir Edward Coke exprees it, he hath dominium utile, but not dominium directum. And hence it is that, in the mot olemn acts of law, we expres the tronget and highet etate, that any ubject can have, by thee words; "he is eied thereof in his demene, as of fee." It is a man's demene, dominicum, or property, ince it belongs to him and his heirs for ever: yet this dominicum, property, or demene, is trictly not abolute or allodial, but qualified or feodal: it is his demene, as of fee; that is, it is not purely and imply his own, ince it is held of a uperior lord, in whom the ultimate property reides. II.