Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/69

 Ch. 4. cording to the ame rule of primogeniture, to the eldet on, in excluion of all the ret.

qualities of feuds were, that the feudatory could not aliene or dipoe of his feud; neither could he exchange, nor yet mortgage, nor even devie it by will, without the conent of the lord. For, the reaon of conferring the feud being the peronal abilities of the feudatory to erve in war, it was not fit he hould be at liberty to transfer this gift, either from himelf, or his poterity who were preumed to inherit his valour, to others who might prove les able. And, as the feodal obligation was looked upon as reciprocal, the feudatory being entitled to the lord's protection, in return for his own fealty and ervice; therefore the lord could no more transfer his eignory or protection without conent of his vaal, than the vaal could his feud without conent of his lord : it being equally unreaonable, that the lord hould extend his protection to a peron to whom he had exceptions, and that the vaal hould owe ubjection to a uperior not of his own chooing.

were the principal, and very imple, qualities of the genuine or original feuds; being then all of a military nature, and in the hands of military perons: though the feudatories, being under frequent incapacities of cultivating and manuring their own lands, oon found it neceary to commit part of them to inferior tenants; obliging them to uch returns in ervice, corn, cattle, or money, as might enable the chief feudatories to attend their military duties without ditraction: which returns, or reditus, were the original of rents. And by this means the feodal polity was greatly extended; thee inferior feudatories (who held what are called in the Scot laws "rere-fiefs") being under imilar obligations of fealty, to do uit of court, to anwer the tipulated renders or rent-ervice, and to promote the welfare of their immediate uperiors or lords. But this at the ame time demolihed . II.