Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/110

 98 Wardhip, in copyhold etates, partakes both of that in chivalry and that in ocage. Like that in chivalry, the lord is the legal guardian, who uually aigns ome relation of the infant tenant to act in his tead: and he, like guardian in ocage, is accountable to his ward for the profits. Of fines, ome are in the nature of primer eiins, due on the death of each tenant, others are mere fines for alienation of the lands; in ome manors only one of thee orts can be demanded, in ome both, and in others neither. They are ometimes arbitrary and at the will of the lord, ometimes fixed by cutom: but, even when arbitrary, the courts of law, in favour of the liberty of copyholders, have tied them down to be reaonable in their extent; otherwie they might amount to a diherion of the etate. No fine therefore is allowed to be taken upon decents and alienations, (unles in particular circumtances) of more than two years improved value of the etate. From this intance we may judge of the favourable dipoition, that the law of England (which is a law of liberty) hath always hewn to this pecies of tenants; by removing, as far as poible, every real badge of lavery from them, however ome nominal ones may continue. It uffered cutom very early to get the better of the expres terms upon which they held their lands; by declaring, that the will of the lord was to be interpreted by the cutom of the manor: and, where no cutom has been uffered to grow up to the prejudice of the lord, as in this cae of arbitrary fines, the law itelf interpoes in an equitable method, and will not uffer the lord to extend his power o far, as to diinherit the tenant.

much for the antient tenure of pure villenage, and the modern one of copyhold at the will of the lord, which is lineally decended from it.

IV. is yet a fourth pecies of tenure, decribed by Bracton under the name ometimes of privileged villenage, and ometimes of villein-ocage. This, he tells us, is uch as has been held of Rh