a high hand all the rigours of the feodal doctrines: but their ſucceſſor, Henry I, found it expedient, when he ſet up his pretenſions to the crown, to promiſe a reſtitution of the laws of king Edward the confeſſor, or antient Saxon ſyſtem; and accordingly, in the firſt year of his reign, granted a charter[1], whereby he gave up the greater grievances, but ſtill reſerved the fiction of feodal tenure, for the ſame military purpoſes which engaged his father to introduce it. But this charter was gradually broken through, and the former grievances were revived and aggravated, by himſelf and ſucceeding princes; till in the reign of king John they became ſo intolerable, that they occaſioned his barons, or principal feudatories, to riſe up in arms againſt him: which at length produced the famous great charter at Runing-mead, which, with ſome alterations, was confirmed by his ſon Henry III. And, though it's immunities (eſpecially as altered on it's laſt edition by his ſon[2]) are very greatly ſhort of thoſe granted by Henry I, it was juſtly eſteemed at the time a vaſt acquiſition to Engliſh liberty. Indeed, by the farther alteration of tenures that has ſince happened, many of theſe immunities may now appear, to a common obſerver, of much leſs conſequence than they really were when granted: but this, properly conſidered, will ſhew, not that the acquiſitions under John were ſmall, but that thoſe under Charles were greater. And from hence alſo ariſes another inference; that the liberties of Engliſhmen are not (as ſome arbitrary writers would repreſent them) mere infringements of the king's prerogative, extorted from our princes by taking advantage of their weakneſs; but a reſtoration of that antient conſtitution, of which our anceſtors had been defrauded by the art and fineſſe of the Norman lawyers, rather than deprived by the force of the Norman arms.
Having given this ſhort hiſtory of their riſe and progreſs, we will next conſider the nature, doctrine, and principal laws of feuds; wherein we ſhall evidently trace the groundwork of many parts of our public polity, and alſo the original of ſuch of our
