Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/56

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44
The Rights
Book II.

Chapter the fourth.

Of the FEODAL SYSTEM.


IT is impoſſible to underſtand, with any degree of accuracy, either the civil conſtitution of this kingdom, or the laws which regulate it's landed property, without ſome general acquaintance with the nature and doctrine of feuds, or the feodal law: a ſyſtem ſo univerſally received throughout Europe, upwards of twelve centuries ago, that ſir Henry Spelman[1] does not ſcruple to call it the law of nations in our weſtern world. This chapter will be therefore dedicated to this inquiry. And though, in the courſe of our obſervations in this and many other parts of the preſent book, we may have occaſion to ſearch pretty highly into the antiquities of our Engliſh juriſprudence, yet ſurely no induſtrious ſtudent will imagine his time miſ-employed, when he is led to conſider that the obſolete doctrines of our laws are frequently the foundation, upon which what remains is erected; and that it is impracticable to comprehend many rules of the modern law, in a ſcholarlike ſcientifical manner, without having recourſe to the antient. Nor will theſe reſearches be altogether void of rational entertainment as well as uſe: as in viewing: the majeſtic ruins of Rome or Athens, of Balbec or Palmyra, it adminiſters both pleaſure and inſtruction to compare them with the draughts of the ſame edifices, in their priſtine proportion and ſplendor.

  1. of parliaments. 57.
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