Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/76

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64
The Rights
Book II.

income for this purpoſe; nor could they acquire money by other means, being wholly converſant in matters of arms; nor, by the nature of their tenure, could they charge their lands with this, or any other incumbrances. From bearing their proportion to theſe aids no rank or profeſſion was exempted: and therefore even the monaſteries, till the time of their diſſolution, contributed to the knighting of their founder's male heir (of whom their lands were holden) and the marriage of his female deſcendants[1]. And one cannot but obſerve, in this particular, the great reſemblance which the lord and vaſal of the feodal law bore to the patron and client of the Roman republic; between whom alſo there ſubſiſted a mutual fealty, or engagement of defence and proteсtion. With regard to the matter of aids, there were three which were uſually raiſed by the client; viz. to marry the patron's daughter; to pay his debts; and to redeem his perſon from captivity[2].

But beſides theſe antient feodal aids, the tyranny of lords by degrees exadted more and more; as, aids to pay the lord's debts, (probably in imitation of the Romans) and aids to enable him to pay aids or reliefs to his ſuperior lord; from which laſt indeed the king's tenants in capite were, from the nature of their tenure, excuſed, as they held immediately of the king who had no ſuperior. To prevent this abuſe, king John's magna carta[3] ordained, that no aids be taken by the king without conſent of parliament, nor in any wiſe by inferior lords, ſave only the three antient ones above-mentioned. But this proviſion was omitted in Henry III's charter, and the ſame oppreſſions were continued till the 25 Edw. I; when the ſtatute called confirmatio chartarum was enacted; which in this reſpect revived king John's charter, by ordaining that none but the antient aids ſhould be taken. But though the ſpecies of aids was thus reſtrained, yet the quantity

  1. Philips's life of Pole. I. 223.
  2. Erat autem haec inter utroſque officiorum viciſſitudo, — ut clientes ad collocandas ſenatorum filias de ſuo conferrent; in aeris alieni diſſolutionem gratuitam pecuniam crogarent; et ab hoſtibus in bello captos redimerent. Paul. Manutius de ſenatu Romano. c. 1.
  3. cap. 12. 15.
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