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1 Original, Growth, Propagation and Condition of Feuds and Tenures 1655

handle is hein.beal/ogpcf0001 and id is 1 raw text is: I THE Original, Growth, Propagation and Condition OF FEUDS and TENURES BY KNIGHT-SERVICE, In E N G L A N D. CHAP. I. The Occafion of this Difcourfe, and what a Feud is. N the great Cafe of Tenures, upon the Commifion of De- feRive Titles, argued by all the Judges of Ireland, and publifhed after their refolution by the commandment of the Lord Deputy, this year 1639. it fell out upon the fourth point of the Cafe to be affirmed, That Tenures had their original in England before the Norman Conquef: And in purfuit of this affertion, it was concluded, That Feuds were then and there in ufe. In proof hereof divers Laws and Char- ters of the Saxon Kings, and Tome other Authorities be there alledged, which being conceived to have clear'd that point, it thus followeth in the Report, p. 3 S. And therefore it was faid that Sir Henry Spelman was mijiaken, who in his Glofary (verbo Feodum) refers the original of Fends in England to the Norman Coaquef. Ard for a Corollary (p. 38) addeth rhefe words: Neither is the bare co?:Jenure of Sir Henry Spelman fuffcient to take away the force of thefe Laws. Vide Spelman in Gloffar. verbo Feodum. Being thus by way of voucher made a chief Anragonift to the Reverend Opinion of thefe learned, grave, and honour'd Judy:s, I humbly defire of them, that writing what I did fo long ago, and in a tranfitory paffage a- mong a thoufand other obfcure words (not thinking them to be provok'd to this account) they will be pleas'd to pardon my miftakings where they fall, and to hear without offence, what motives led me to my conjedures which they fpeak of. It is necdfTary therefore, that firft of all we make the Queftion certain, which (in my underftanding) is not done in the Re- port. For it is not declared whether there were divers kinds of Feuds or no; nor what kind they were that were in ufe among the Saxons: nor what kind thole were that I conjedured to be brought in by the Normax Conqueroar. I will therefore follow the diredion of t e Orator, and fix the Quettion upon the definition. B .4 Feud

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