Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/65

 Ch. 4. own tenures, as were either abolihed in the lat century, or till remain in force.

grand and fundamental maxim of all feodal tenure is this; that all lands were originally granted out by the overeign, and are therefore holden, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord; being he who retained the dominion or ultimate property of the feud or fee: and the grantee, who had only the ue and poeion, according to the terms of the grant, was tiled the feudatory or vaal, which was only another name for the tenant or holder of the lands; though, on account of the prejudices we have jutly conceived againt the doctrines that were afterwards grafted on this ytem, we now ue the word vaal opprobriouly, as ynonymous to lave or bondman. The manner of the grant was by words of gratuitous and pure donation, dedi et concei; which are till the operative words in our modern infeodations or deeds of feoffment. This was perfected by the ceremony of corporal invetiture, or open and notorious delivery of poeion in the preence of the other vaals, which perpetuated among them the aera of the new acquiition, at a time when the art of writing was very little known: and therefore the evidence of property was repoed in the memory of the neighbourhood; who, in cae of a diputed title, were afterwards called upon to decide the difference, not only according to external proofs, adduced by the parties litigant, but alo by the internal tetimony of their own private knowlege.

an oath of fealty, or profeion of faith to the lord, which was the parent of our oath of allegiance, the vaal or tenant upon invetiture did uually homage to his lord; openly and humbly kneeling, being ungirt, uncovered, and holding up his hands both together between thoe of the lord, who fate before him; and there profeing that "he did become his man, from that day forth, of life and limb and earthly honour:" and then he received a kis from his lord. Which ceremony was deno- Rh