reciprocal, the lord alſo could not alienate his ſeignory without the conſent of his tenant, which conſent of his was called an attornment. This reſtraint upon the lords ſoon wore away; that upon the tenants continued longer. For, when every thing came in proceſs of time to be bought and ſold, the lords would not grant a licence to their tenants to aliene, without a fine being paid; apprehending that, if it was reaſonable for the heir to pay a fine or relief on the renovation of his paternal eſtate, it was much more reaſonable that a ſtranger ſhould make the ſame acknowlegement on his admiſſion to a newly purchaſed feud. With us in England, theſe fines ſeem only to have been exacted from the king's tenants in capite, who were never able to aliene without a licence: but, as to common perſons, they were at liberty, by magna carta[1], and the ſtatute of quia emptores[2], (if not earlier) to aliene the whole of their eſtate, to be holden of the ſame lord, as they themſelves held it of before. But the king's tenants in capite, not being included under the general words of theſe ſtatutes, could not aliene without a licence: for if they did, it was in antient ſtrictneſs an abſolute forfeiture of the lands[3]; though ſome have imagined otherwiſe. But this ſeverity was mitigated by the ſtatute 1 Edw. III. c. 12. which ordained, that in ſuch caſe the lands ſhould not be forfeited, but a reaſonable fine be paid to the king. Upon which ſtatute it was ſettled, that one third of the yearly value ſhould be paid for a licence of alienation; but, if the tenant preſumed to aliene without a licence, a full year's value ſhould be paid[4].
7. The laſt conſequence of tenure in chivalry was eſcheat; which is the determination of the tenure, or diſſolution of the mutual bond between the lord and tenant, from the extinction of the blood of the latter by either natural or civil means: if he died without heirs of his blood, or if his blood was corrupted and ſtained by commiſſion of treaſon or felony; whereby every inheritable quality was intirely blotted out and aboliſhed. In ſuch
