Spelmans post of Feuds and Sons fhould fucceed alike, and if there were no Sons, the Grandfons or Brothers Sons, and by this means they became Hereditary in the Empire. * Hugh Capet made thefe Feuds Hereditary humous Work, in France. For having ufurped that Crown, Tenures by he, to fortifie himself against the Carolinges or Knights Service, Race of Charlemagne the true and undoubted P. S. Heirs, and to draw all the Nobility of France to fupport his Faction, in the Year 988, granted to 'em, that whereas till then they enjoyed their Feuds and Honours but at Pleasure of their Princes, or for Life at most, they should from thenceforth hold 'em to them and their Heirs for ever, in Feudal Manner by the Ceremony of Homage and Oath of Fealty. And that he would accordingly maintain them there in as they fupported him and his Heirs in the Crown of France. This was, as Sir Henry Spelman obferves, a fair Direction for our William the Conquerour how to fecure himself of his new acquired Kingdom of England, and he neglected not to take Advantage of it. For with as much diligence as Providence, he prefently transferred his Country Cuftoms into England, and amongst them this new French Custom of making Feuds Hereditary, not regarding the former Cuftoms of our Ancestors, who till that time continued their Feuds and Tenures either arbitrary or in fome definite Limitation, according to the Ancient Manner of the Germans received generally throughout Europe. Feuds being thus become Hereditary in all Places could no longer be properly called Beneficia (that is Benevola Conceffiones, as Obertus de Orto fays) because they were challenged of Right now, and no longer of Cour tefie. The Name Benefices was therefore from henceforward appropriated to the Livings of the Clergy, because no Man could lay claim to them, but as he was thereto entituled by Grant from the Patron: And the Name Feud became a common Term for all Lay-fees which were perpetual, and thereby the Words Feudum and Hereditas in common Ufe of Speech are looked upon to fignifie the fame thing. Those who poffeffed large Feuds, and held immediately of the Emperour, King or other Soveraign were called Nobles: And they alfo divided their Lands into leffer Feuds to their Valvafors, who held of them by the fame Tenure, whereby they held of the Soveraign: And where these leffer Feuds would bear a Subdivifion these Valvafors alfo bestow'd 'em on Inferiours whom they called Valvafini. Thefe Nobles or Capitanei with the Valvafores and Valvafini anfwer to what our common Law now calls Lord, Mean and Tenant. The Inferiours by their Tenures were obliged to aflift the Lord of whom they held, and bring fuch a Number of Men into the Field to defend him upon all Occafions, which were more or less, according to the Quantity of Lands they held of him. By this means those that had large Feuds which they held of the Soveraign immediately, and had fubdivided these to their Valvafors and Valvafini were hereby enabled many times to raise confiderable Forces and became fometimes formidable to the Princes themselves. For a fuller Account of this Matter, Spelmans Gloffary and Calvins Lexicon Juridicum may be confulted under the Word -Feudum. (a) Now (a) Du Pin. (b) Feud. L. Tit. I. (c) Spelman's Pofthumous C. 26. P. 41, (a) Now when the Church in these We Vol. 10. p. 31. ftern Parts efpecially, by the Favour and Bounty of Princes became poffeffed of large Feuds, then alfo (b) Archbishops, Bishops and Abbots became confiderable and noble, as well in the State as the Church, having Power and Authority to let out their Feuds to Valvafors, and to take an Oath of Fealty for them, (c) which that they might and did do in England, Work of Feuds and Tenures by as well as other Parts of the Western Church, Knights Service is manifeft from the famous Charter of Ofwald, Bishop of Worcester, in the Reign of King Edgar, whereby it appears that the Tenants were bound to swear to be in all humble Subjection to the Bishop, as long as they should hold their Lands of him. And that when the Occafions of the Lord Bishop fhould require, whether for his own or the King's Service, they should in all Humbleness and Subjection be obedient to the chief Captain, or Leader of the Bishoprick for the Benefice (or Fee) granted to them, and the Quantity of Land which every one of them poffeffed With divers other matters which they were bound to observe. Whether Bishops before this were called to the great Councils of the State I cannot fay, and it will, I believe, be a difficult matter to determine. Because I am perfuaded that as foon as Christianity was received by these Northern Nations, Bishopricks were endowed with these forts of Tenures, and confequently were Summoned by the Soveraign, together with all those who held in Capite of him. But however this was, when Ecclefiaftical Perfons as Bishops and Abbots became poffeffed of great Feuds which they had Power to grant to their Valvafores and Valvafini, their Power and Au thority hereby became fo confiderable in the State, State, that all Soveraign Princes of whom they held, thought it neceflary to require of them an Oath of Fealty or Homage upon the Account of their Tenures, and to oblige them to fupply them with a certain Number of Soldiers for the Wars, and fometimes to go themselves in Perfon, and to be prefent in the General Affemblies of the States, (to which tho' they might probably have a Right to come before, yet could they not be compelled to come, till they were poffeffed of fuch Lands as the Soveraign might enter upon, if they performed not the Service to which they were obliged by their Tenures,) and to discharge all other Duties belonging to them as Feudataries. IT CHA P. XVII. T was the Cuftom before Feuds became hereditary (and Ecclefiaftical Feuds were never made fo, neither could be) that upon the Death of any Feudatary, the Lord or Soveraign Entred upon and took Poffeffion of the Feud, till he thought convenient to bestow it upon fome other Perfon. And when he gave Poffeffion of the Feud to any Succeffour, he was faid to inveft him with it. When Feuds were made Hereditary, the Heir might demand Inveftiture of the Lord upon his prefenting himself to take the Oath of Fealty and to pay his Homage: But as for thofe Feuds which were not Hereditary, the Lord took his own time to inveft with the Feud what Perfon he pleafed. (d) Ins (d) Inveftiture was given either properly or improperly. Properly, when Poffeffion of the Feud was actually given: Improperly, when fomething was given, denoting the Service which was to be done for it; as a Spear, or fome other Warlike Weapon if it was a Military Feud, and the Paftoral Staff and Ring if it was Ecclefiaftical. As therefore Princes entred upon, and gave Poffeffion or Inveftiture of Lay-feuds, fo did they alfo of Ecclefiaftical. Upon this Account after the Death of a Bishop, the Soveraign immediately entred upon the Feuds belonging to his Bishoprick (and in Procefs of Time, this was alfo extended to all the other Temporalities of the See) and kept Poffeffion of them fo long as he faw convenient. When he invested any Person with these Temporalities, which was usually done by giving him a Crofier or Pastoral Staff and a Ring, because these were the Tokens and Enfigns of the Epifcopal Dignity, (tho' it might be done by Writing or otherwife, fo it declar'd the Prince's Will) that Perfon who was fo invefted, was afterwards confecrated by the Metropolitan and fo many other Bifhops of the Province as were judged expedient for that Purpose. (e) Gratian gives a Decree of Pope Hadrian, wherein he gives to Charlemagne a Power to choofe the Pope and to invest Archbishops and Bishops in all the Provinces of his Empire, and that no Bishop fhall be confecrated who is not first invested by him. But this is generally fuppofed by Learned Men to be a Forgery, becaufe Gratian quotes the Ecclefiaftical Hiftory for it, and yet no Hifto ry of those times mentions it till Sigebert of Gemblours who flourished not till the Beginning of |