- 6z THE HISTORY Book I,
arms. And the particular appearance of the fame holdings even fo early as the tenth century and in the laws of Howel Dha, holdings not formed by that great legiflator of Wales, but re- ferred by him to prior inftitutes and afcribed by him to the ear- lier Britons, evinces the great and ftriking antiquity of them* Such was the tenure of the lands in Wales, before the Englifh cuftoms abfolutely fuperfeded the native holdings of the coun- try. And the general appearance of the fame tenures equally- among the natives of Wales and the aborigines of Ireland de- monftrably evinces tlltf Avhole curious fyftem of polity to have< been derived from the common parents of both nations, the original and primaeval tribes of the Britons * This then was the nature of our tenures in Britain and in Lanca- shire at the clofe of the firft century. And they appear unde- niably to have been purely military in their defign and abfo- ■ lutely feudal in their eflence. The primary inftitution of feuds is unanimously deduced by our hiftorical and legal antiquarians from the northern invaders of the Roman empire ; and the prima- ry introduction of them into this ifland is almoft as unanimoufly referred to the much more recent epocha of the Norman con- queft. But they certainly exifted among us before, and even formed the primitive eftablifhment of the Britons. By the feu- dal prefcriptions, and by them only, could the lands of the Bri- tifh chiefs have been enjoyed under the king as the fupreme proprietor of all, and poflefled under a baron as the immediate lord of the fee, with the obligation of military fervice to him or with the payment of a fine of commutation for it *** The military fervice is the firft great fignature and the higheft eha- ra&eriftic of the feudal fyftem, and is exprefsly declared in fome of the ea rlieft inftitutes of the Britons to have been the principal fervice of the Britifh fees 40 . By the feudal prefcriptions, and by them only, could the lands of the Britifh chiefs and the Britifh villains have been obnoxious to heriots, to reliefs, to homage, . wardfl^ip, marriage-licences, and efcheats. By the feudal pre- fcriptions, and by them only Y could the lord of the -fee have a&cd as the Britifh lords in the earlieft ages afted, have taken the
