Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/138

 126 general, the law looks upon this etate as equivalent to an etate for life only; and, as uch, will permit this tenant to exchange his etate with a tenant for life; which exchange can only be made, as we hall ee hereafter, of etates that are equal in their nature.

III. by the curtey of England, is where a man marries a woman eied of lands or tenements in fee-imple or fee-tail; that is, of any etate of inheritance; and has by her iue, born alive, which was capable of inheriting her etate. In this cae, he hall, on the death of his wife, hold the lands for his life, as tenant by the curtey of England.

etate, according to Littleton, has it's denomination, becaue it is ued within the realm of England only; and it is aid in the mirrour to have been introduced by king Henry the firt: but it appears alo to have been the etablihed law of Scotland, wherein it was called curialitas : o that probably our word curtey was undertood to ignify rather an attendance upon the lord's court or curtis, (that is, being his vaal or tenant) than to denote any peculiar favour belonging to this iland. And therefore it is laid down that, by having iue, the huband hall be intitled to do homage to the lord, for the wife's lands, alone. It is likewie ued in Ireland, by virtue of an ordinance of king Henry III. It alo appears to have obtained in Normandy; and was likewie ued among the antient Almains or Germans. And yet it is not generally apprehended to have been a conequence of feodal tenure, though I think ome ubtantial feodal reaons may be given for it's introduction. For, if a woman eied of lands hath iue by her huband, and dies, the huband is the natural guardian of the child, and as uch is in reaon entitled to the profits of the lands in order to maintain it: and therefore the Rh