Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/67

 Ch. 4. as were tipulated at the firt donation, in proportion to the quantity of the land.

the firt introduction of feuds, as they were gratuitous, o alo they were precarious and held at the will of the lord, who was the ole judge whether his vaal performed his ervices faithfully. Then they became certain, for one or more years. Among the antient Germans they continued only from year to year; an annual ditribution of lands being made by their leaders in their general councils or aemblies. This was profeedly done, let their thoughts hould be diverted from war to agriculture; let the trong hould incroach upon the poeions of the weak; and let luxury and avarice hould be encouraged by the erection of permanent houes, and too curious an attention to convenience and the elegant uperfluities of life. But, when the general migration was pretty well over, and a peaceable poeion of their new-acquired ettelements had introduced new cutoms and manners; when the fertility of the oil had encouraged the tudy of hubandry, and an affection for the pots they had cultivated began naturally to arie in the tillers; a more permanent degree of property was introduced, and feuds began now to be granted for the life of the feudatory. But tiil feuds were not yet hereditary; though frequently granted, by the favour of the lord, to the children of the former poeor; till in proces of time it became unuual, and was therefore thought hard, to reject the heir, if he were capable to perform the ervices : and therefore infants, women, and profeed monks, who were incapable of bearing arms, were alo incapable of ucceeding to a genuine feud. But the heir, when admitted to the feud which his ancetor poeed, ued generally to pay a fine or acknowlegement to the lord, in Rh