ſent of the heirs of the feoffer; or ſometimes for the heir apparent himſelf to join with the feoffor in the grant[1]. And, on the other hand, as the feodal obligation was looked upon to be reciprocal, the lord could not aliene or transfer his ſigniory without the conſent of his vaſal: for it was eſteemed unreaſonable to ſubject a feudatory to a new ſuperior, with whom he might have a deadly enmity, without his own approbation; or even to transfer his fealty, without his being thoroughly apprized of it, that he might know with certainty to whom his renders and ſervices were due, and be able to diſtinguiſh a lawful diſtreſs for rent from a hoſtile ſeiſing of his cattle by the lord of a neighbouring clan[2]. This conſent of the vaſal was expreſſed by what was called attorning[3], or profeſſing to become the tenant of the new lord; which doctrine of attornment was afterwards extended to all leſſees for life or years. For if one bought an eſtate with any leaſe for life or years ſtanding out thereon, and the leſſee or tenant refuſed to attorn to the purchaſor, and to become his tenant, the grant or contract was in moſt caſes void, or at leaſt incomplete[4]: which was alſo an additional clog upon alienations.
But by degrees this feodal ſeverity is worn off; and experience hath ſhewn, that property beſt anſwers the purpoſes of civil life, eſpecially in commercial countries, when it's transfer and circulation are totally free and unreſtrained. The road was cleared in the firſt place by a law of king Henry the firſt, which allowed a man to ſell and diſpoſe of lands which he himſelf had purchaſed; for over theſe he was thought to have a more extenſive power, than over what had been tranſmitted to him in a courſe of deſcent from his anceſtors[5]: a doctrine, which is coun-
- ↑ Madox, Formul. Angl. n°. 316. 319. 427.
- ↑ Gilb. Ten. 75.
- ↑ The ſame doctrine and the ſame denomination prevailed in Bretagne. — poſſeſſiones in juriſdictionalibus non aliter apprehendi poſſe, quam per attournances et avirances, ut loqui ſolent; cum vaſallus, ejurato prioris domini obſequio et fide, novo ſe ſacramento novo item domino acquirenti obſtringebat; idque juſſu auctoris. D'Argentre Antiq. Conſuet. Brit. apud Dufreſne. i. 819, 820.
- ↑ Litt. §. 551.
- ↑ Emptiones vel acquiſitiones ſuas dei cui magis velit. Terram autem quam ei parentes dederunt, non mittat extra cognationem ſuam. LL. Hen. I. c. 70.
