Wardſhip, in copyhold eſtates, partakes both of that in chivalry and that in ſocage. Like that in chivalry, the lord is the legal guardian, who uſually aſſigns ſome relation of the infant tenant to act in his ſtead: and he, like guardian in ſocage, is accountable to his ward for the profits. Of fines, ſome are in the nature of primer ſeiſins, due on the death of each tenant, others are mere fines for alienation of the lands; in ſome manors only one of theſe ſorts can be demanded, in ſome both, and in others neither. They are ſometimes arbitrary and at the will of the lord, ſometimes fixed by cuſtom: but, even when arbitrary, the courts of law, in favour of the liberty of copyholders, have tied them down to be reaſonable in their extent; otherwiſe they might amount to a diſheriſon of the eſtate. No fine therefore is allowed to be taken upon deſcents and alienations, (unleſs in particular circumſtances) of more than two years improved value of the eſtate[1]. From this inſtance we may judge of the favourable diſpoſition, that the law of England (which is a law of liberty) hath always ſhewn to this ſpecies of tenants; by removing, as far as poſſible, every real badge of ſlavery from them, however ſome nominal ones may continue. It ſuffered cuſtom very early to get the better of the expreſs terms upon which they held their lands; by declaring, that the will of the lord was to be interpreted by the cuſtom of the manor: and, where no cuſtom has been ſuffered to grow up to the prejudice of the lord, as in this caſe of arbitrary fines, the law itſelf interpoſes in an equitable method, and will not ſuffer the lord to extend his power ſo far, as to diſinherit the tenant.
Thus much for the antient tenure of pure villenage, and the modern one of copyhold at the will of the lord, which is lineally deſcended from it.
IV. There is yet a fourth ſpecies of tenure, deſcribed by Bracton under the name ſometimes of privileged villenage, and ſometimes of villein-ſocage. This, he tells us[2], is ſuch as has been held of
