own tenures, as were either aboliſhed in the laſt century, or ſtill remain in force.
The grand and fundamental maxim of all feodal tenure is this; that all lands were originally granted out by the ſovereign, and are therefore holden, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord; being he who retained the dominion or ultimate property of the feud or fee: and the grantee, who had only the uſe and poſſeſſion, according to the terms of the grant, was ſtiled the feudatory or vaſal, which was only another name for the tenant or holder of the lands; though, on account of the prejudices we have juſtly conceived againſt the doctrines that were afterwards grafted on this ſyſtem, we now uſe the word vaſal opprobriouſly, as ſynonymous to ſlave or bondman. The manner of the grant was by words of gratuitous and pure donation, dedi et conceſſi; which are ſtill the operative words in our modern infeodations or deeds of feoffment. This was perfected by the ceremony of corporal inveſtiture, or open and notorious delivery of poſſeſſion in the preſence of the other vaſals, which perpetuated among them the aera of the new acquiſition, at a time when the art of writing was very little known: and therefore the evidence of property was repoſed in the memory of the neighbourhood; who, in caſe of a diſputed title, were afterwards called upon to decide the difference, not only according to external proofs, adduced by the parties litigant, but alſo by the internal teſtimony of their own private knowlege.
Besides an oath of fealty, or profeſſion of faith to the lord, which was the parent of our oath of allegiance, the vaſal or tenant upon inveſtiture did uſually homage to his lord; openly and humbly kneeling, being ungirt, uncovered, and holding up his hands both together between thoſe of the lord, who fate before him; and there profeſſing that "he did become his man, from that day forth, of life and limb and earthly honour:" and then he received a kiſs from his lord[1]. Which ceremony was deno-
- ↑ Litt. §. 85.
