Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/75

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Ch. 5.
of Things.
63

vice was the whole that our anceſtors meant to ſubject themſelves to; the other fruits and conſequences of this tenure being fraudulently ſuperinduced, as the regular (though unforeſeen) appendages of the feodal ſyſtem.

This tenure of knight-ſervice had all the marks of a ſtrict and regular feud: it was granted by words of pure donation, dedi et conceſſi[1]; was transferred by inveſtiture or delivering corporal poſſeſſion of the land, uſually called livery of ſeiſin; and was perfected by homage and fealty. It alſo drew after it theſe ſeven fruits and conſequences, as inſeparably incident to the tenure in chivalry; viz. aids, relief, primer ſeiſin, wardſhip, marriage, fines for alienation, and eſcheat: all which I ſhall endeavour to explain, and ſhew to be of feodal original.

1. Aids were originally mere benevolences granted by the tenant to his lord, in times of difficulty and diſtreſs[2]; but in proceſs of time they grew to be conſidered as a matter of right, and not of diſcretion. Theſe aids were principally three: firſt, to ranſom the lord's perſon, if taken priſoner; a neceſſary conſequence of the feodal attachment and fidelity; inſomuch that the neglect of doing it, whenever it was in the vaſal's power, was, by the ſtrict rigour of the feodal law, an abſolute forfeiture of his eſtate[3]. Secondly, to make the lord's eldeſt ſon a knight; a matter that was formerly attended with great ceremony, pomp, and expenſe. This aid could not be demanded till the heir was fifteen years old, or capable of bearing arms[4]: the intention of it being to breed up the eldeſt ſon, and heir apparent of the ſeignory, to deeds of arms and chivalry, for the better defence of the nation. Thirdly, to marry the lord's eldeſt daughter, by giving her a ſuitable portion: for daughters' portions were in thoſe days extremely ſlender; few lords being able to ſave much out of their

  1. Co. Litt. 9.
  2. Auxilia fiunt de gratia et non de jure, — cum dependeant ex gratia tenentium et non ad voluntatem dominorum. Bracton. l. 2. tr. l. c. 16. §. 8.
  3. Feud. l. 2. t. 24.
  4. 2 Inſt. 233.
income