Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/77

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Ch. 5.
of Things.
65

of each aid remained arbitrary and uncertain. King John's charter indeed ordered, that all aids taken by inferior lords ſhould be reaſonable[1]; and that the aids taken by the king of his tenants in capite ſhould be ſettled by parliament[2]. But they were never completely aſcertained and adjuſted till the ſtatute Weſtm. 1. 3 Edw. I. c. 36. which fixed the aids of inferior lords at twenty ſhillings, or the ſuppoſed twentieth part of every knight's fee, for making the eldeſt ſon a knight, or marrying the eldeſt daughter; and the ſame was done with regard to the king's tenants in capite by ſtatute 25 Edw. III. c. 11. The other aid, for ranſom of the lord's perſon, being not in it's nature capable of any certainty, was therefore never aſcertained.

2. Relief, relevium, was before mentioned as incident to every feodal tenure, by way of fine or compoſition with the lord for taking up the eſtate, which was lapſed or fallen in by the death of the laſt tenant. But, though reliefs had their original while feuds were only life-eſtates, yet they continued after feuds became hereditary; and were therefore looked upon, very juſtly, as one of the greateſt grievances of tenure: eſpecially when, at the firſt, they were merely arbitrary and at the will of the lord; ſo that, if he pleaſed to demand an exorbitant relief, it was in effect to diſinherit the heir[3]. The Engliſh ill brooked this conſequence of their new adopted policy; and therefore William the conqueror by his laws[4] aſcertained the relief, by directing (in imitation of the Daniſh heriots) that a certain quantity of arms and habiliments of war ſhould be paid by the earls, barons, and vavaſours reſpectively; and, if the latter had no arms, they ſhould pay 100s. William Rufus broke through this compoſition, and again demanded arbitrary uncertain reliefs, as due by the feodal laws; thereby in effect obliging every heir to new-purchaſe or redeem his land[5]: but his brother Henry I. by the charter before-mentioned reſtored his father's law; and ordained, that the relief

  1. cap. 15.
  2. Ibid. 14.
  3. Wright. 99.
  4. c. 22, 23, 24.
  5. 2 Roll. Abr. 514.
Vol. II.
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