fbe EUROPEAN LEGISLATURES. 33 



which a petty chief had flaves to cultivate, he would always find 

 it prudent to retain the whole produce of them ; becaufe, if be- 

 flowed in hofpitality, it would procure him much greater influ- 

 ence, than if the poffefuons, which yielded it, were diflributed a- 

 mong a few individuals. Afterwards, again, when the greater part 

 of the foil is appropriated by individuals, the diftricls which re- 

 main uncultivated are commons, over which the neighbouring 

 inhabitants have eftablifhed rights of fervitude, and cannot be 

 touched by a chief, till government is armed with all its powers *. 

 Forfeitures and conquefls are the true fource of the overgrown 

 domains of princes j and, where the latter have not happened, 

 the former are fcarcely able to compenfate thofe difmember- 

 ments, which provisions for younger branches of the royal fa- 

 mily necefTarily occaiion f. 



WITH regard to the powers of certain African and Afiatic kings, 

 and the circumftances of refemblance, obferved by travellers, be- 

 tween the ftate of property in their dominions and the feudal ar- 

 rangements of it in Europe, I fhall only remark, that there are 

 many particulars, connected with the feudal fyftem, which are not 

 char acteri flic of it ; and, therefore, though discovered elfewhere, 

 will not juflify the inference that they refulted from feudal in- 

 flitutions. Thus, in many countries, armies are paid in lands ; 

 in many, every proprietor yields military fervice ; and, in ma- 

 ny, the opulent acquire confequence by means of clients and 

 retainers. But the Singular and diflinguifhing circumflance 

 from which the feudal law acquired its character, and to which 

 its more remarkable effec'ls are to be afcribed, (fuch as, patrimo- 

 nial magiflracies, titles of honour, fcale of fubordination, and all 



e thofe 



* IN Sweden, the king is vefted with the diftrifb which were formerly the common do- 

 mains of communities. But no fingle community would beftow fuch a gift on its chief; 

 whereas, where there is a number united under a king, every one may be prevailed upon 

 to give up its own, in order to get government fupported, by means of fimilar conceflions 

 from the reft. 



f EVEN confifcation for capital crimes feems to have been unknown to the Romans be- 

 fore the Lex Cornel, de profcrip. CICERO pro domo. Breach of fidelity was capital in 

 both patron and client, but furely was not attended with forfeiture of eftates. 



