Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/63

 Ch. 4. conequence of this change, it became a fundamental maxim and neceary principle (though in reality a mere fiction) of our Englih tenures, "that the king is the univeral lord and original proprietor of all the lands in his kingdom ; and that no man doth or can poes any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feodal ervices." For, this being the real cae in pure, original, proper feuds, other nations who adopted this ytem were obliged to act upon the ame uppoition, as a ubtruction and foundation of their new polity, though the fact was indeed far otherwie. And indeed by thus conenting to the introduction of feodal tenures, our Englih ancetors probably meant no more than to put the kingdom in a tate of defence by etablihing a military ytem; and to oblige themelves (in repect of their lands) to maintain the king's title and territories, with equal vigour and fealty, as if they had received their lands from his bounty upon thee expres conditions, as pure, proper, beneficiary feudatories. But, whatever their meaning was, the Norman interpreters, killed in all the niceties of the feodal contitutions, and well undertanding the import and extent of the feodal terms, gave a very different contruction to this proceeding; and thereupon took a handle to introduce not only the rigorous doctrines which prevailed in the duchy of Normandy, but alo uch fruits and dependencies, uch hardhips and ervices, as were never known to other nations ; as if the Englih had in fact, as well as theory, owed every thing they had to the bounty of their overeign lord.

ancetors therefore, who were by no means beneficiaries, but had barely conented to this fiction of tenure from the crown, as the bais of a military dicipline, with reaon looked upon thee deductions as grievous impoitions, and arbitrary concluions from principles that, as to them, had no foundation in truth. However, this king, and his on William Rufus, kept up with Rh