Page:The reign of William Rufus and the accession of Henry the First.djvu/401

 right of man, that the most ancient legal doctrine both of Rome and of England was that a will was an exceptional act, which needed the confirmation of the sovereign power. If such a doctrine had anyhow come to the knowledge of Flambard, it would assuredly seem to him a natural inference that no such confirmation should be granted save at such a price as the king might see fit to demand.

But of all the devices of Flambard, there was one which, it would seem, was specially his own, one which was at once the most oppressive of all and that which followed most logically from the nature of feudal tenure. This was the lord's right of wardship. This claim starts from the undoubted doctrine that the fief is after all only a conditional possession of its holder, that he holds it only on the terms of discharging the military service which is due from it. Nothing was easier than to argue that, when the fief passed to an heir who was from his youth incapable of discharging that service, the fief should go back into the lord's hands till the heir had reached the time of life when he could discharge it. The abuses and oppressions which such a right led to need hardly be dwelled on; they are written in every page of our legal history from the days of Rufus to the days of Charles the First. Nothing now enriches an estate like a long minority; in those times the heir, when at last he came into possession, found his estate impoverished in every way by the temporary occupation of the king or of the king's favourite to whom the wardship had been granted or sold. Yet it cannot be denied that the argument by which the right of wardship was established was, as a piece of legal argument, quite unanswerable. And of all the feudal exactions certainly none was more profitable. The tenant-in-chief who died, perhaps fighting in the king's cause, and who left an infant son behind him, had the