as were ſtipulated at the firſt donation, in proportion to the quantity of the land.
At the firſt introduction of feuds, as they were gratuitous, ſo alſo they were precarious and held at the will of the lord[1], who was the ſole judge whether his vaſal performed his ſervices faithfully. Then they became certain, for one or more years. Among the antient Germans they continued only from year to year; an annual diſtribution of lands being made by their leaders in their general councils or aſſemblies[2]. This was profeſſedly done, leſt their thoughts ſhould be diverted from war to agriculture; leſt the ſtrong ſhould incroach upon the poſſeſſions of the weak; and leſt luxury and avarice ſhould be encouraged by the erection of permanent houſes, and too curious an attention to convenience and the elegant ſuperfluities of life. But, when the general migration was pretty well over, and a peaceable poſſeſſion of their new-acquired ſettelements had introduced new cuſtoms and manners; when the fertility of the ſoil had encouraged the ſtudy of huſbandry, and an affection for the ſpots they had cultivated began naturally to ariſe in the tillers; a more permanent degree of property was introduced, and feuds began now to be granted for the life of the feudatory[3]. But ſtiil feuds were not yet hereditary; though frequently granted, by the favour of the lord, to the children of the former poſſeſſor; till in proceſs of time it became unuſual, and was therefore thought hard, to reject the heir, if he were capable to perform the ſervices[4]: and therefore infants, women, and profeſſed monks, who were incapable of bearing arms, were alſo incapable of ſucceeding to a genuine feud. But the heir, when admitted to the feud which his anceſtor poſſeſſed, uſed generally to pay a fine or acknowlegement to the lord, in
- ↑ Feud. l. 1. t. 1.
- ↑ Thus Tacitus: (de mor. Germ. c. 26.) "agri ab univerſis per vices occupantur: arva per annus mutant." And Caeſar yet more fully: (de bell. Gall. l. 6. c. 21.) "Neque quiſquam agri modum certum, aut fines proprios habet; ſed magiſtratus et principes, in annos ſingulos, gentibus et cognationibus hominum qui una coierunt, quantum eis et quo loco viſum eſt, attribuunt agri, atque anno poſt alio tranſire cogunt."
- ↑ Feud l. 1. t. 1.
- ↑ Wright. 14.
