cording to the ſame rule of primogeniture, to the eldeſt ſon, in excluſion of all the reſt[1].
Other qualities of feuds were, that the feudatory could not aliene or diſpoſe of his feud; neither could he exchange, nor yet mortgage, nor even deviſe it by will, without the conſent of the lord[2]. For, the reaſon of conferring the feud being the perſonal abilities of the feudatory to ſerve in war, it was not fit he ſhould be at liberty to transfer this gift, either from himſelf, or his poſterity who were preſumed to inherit his valour, to others who might prove leſs able. And, as the feodal obligation was looked upon as reciprocal, the feudatory being entitled to the lord's protection, in return for his own fealty and ſervice; therefore the lord could no more transfer his ſeignory or protection without conſent of his vaſal, than the vaſal could his feud without conſent of his lord[3]: it being equally unreaſonable, that the lord ſhould extend his protection to a perſon to whom he had exceptions, and that the vaſal ſhould owe ſubjection to a ſuperior not of his own chooſing.
These were the principal, and very ſimple, qualities of the genuine or original feuds; being then all of a military nature, and in the hands of military perſons: though the feudatories, being under frequent incapacities of cultivating and manuring their own lands, ſoon found it neceſſary to commit part of them to inferior tenants; obliging them to ſuch returns in ſervice, corn, cattle, or money, as might enable the chief feudatories to attend their military duties without diſtraction: which returns, or reditus, were the original of rents. And by this means the feodal polity was greatly extended; theſe inferior feudatories (who held what are called in the Scot laws "rere-fiefs") being under ſimilar obligations of fealty, to do ſuit of court, to anſwer the ſtipulated renders or rent-ſervice, and to promote the welfare of their immediate ſuperiors or lords[4]. But this at the ſame time demoliſhed
