Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/58

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46
The Rights
Book II.

ſame right of conqueſt, no part could ſubſiſt independent of the whole; wherefore all givers as well as receivers were mutually bound to defend each others poſſeſſions. But, as that could not effectually be done in a tumultuous irregular way, government, and to that purpoſe ſubordination, was neceſſary. Every receiver of lands, or feudatory, was therefore bound, when called upon by his benefactor, or immediate lord of his feud or fee, to do all in his power to defend him. Such benefactor or lord was likewiſe ſubordinate to and under the command of his immediate benefactor or ſuperior; and ſo upwards to the prince or general himſelf. And the ſeveral lords were alſo reciprocally bound, in their reſpective gradations, to protect the poſſeſſions they had given. Thus the feodal connection was eſtabliſhed, a proper military ſubjection was naturally introduced, and an army of feudatories were always ready enliſted, and mutually prepared to muſter, not only in defence of each man's own ſeveral property, but alſo in defence of the whole, and of every part of this their newly acquired country[1]: the prudence of which conſtitution was ſoon ſufficiently viſible in the ſtrength and ſpirit, with which they maintained their conqueſts.

The univerſality and early uſe of this feodal plan, among all thoſe nations which in complaiſance to the Romans we ſtill call barbarous, may appear from what is recorded[2] of the Cimbri and Teutones, nations of the ſame northern original as thoſe whom we have been deſcribing, at their firſt irruption into Italy about a century before the chriſtian aera. They demanded of the Romans, "ut martius populus aliquid ſibi terrae daret, quaſi ſtipendium: caeterum, ut vellet, manibus atque armis ſuis uteretur." The ſenſe of which may be thus rendered; they deſired ſtipendiary lands (that is, feuds) to be allowed them, to be held by military and other perſonal ſervices, whenever their lords ſhould call upon them. This was evidently the ſame conſtitution, that diſplayed itſelf more fully about ſeven hundred years afterwards; when the Salii, Burgundians, and Franks broke in upon Gaul,

  1. Wright. 8.
  2. L. Florus. l. 3. c. 3.
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