Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/78

 66 to be paid hould be according to the law o etablihed, and not an arbitrary redemption. But afterwards, when, by an ordinance in 27 Hen. II. called the aie of arms, it was provided that every man's armour hould decend to his heir, for defence of the realm; and it thereby became impracticable to pay thee acknowlegements in arms, according to the laws of the conqueror, the compoition was univerally accepted of 100s. for every knight's fee; as we find it ever after etablihed. But it mut be remembered, that this relief was only then payable, if the heir at the death of his ancetor had attained his full age of one and twenty years.

3. eiin was a feodal burthen, only incident to the king's tenants in capite, and not to thoe who held of inferior or mene lords. It was a right which the king had, when any of his tenants in capite died eied of a knight's fee, to receive of the heir (provided he were of full age) one whole year's profits of the lands, if they were in immediate poeion; and half a year's profits, if the lands were in reverion expectant on an etate for life. This eems to be little more than an additional relief: but grounded upon this feodal reaon; that, by the antient law of feuds, immediately upon a death of a vaal the uperior was intitled to enter and take eiin or poeion of the land, by way of protection againt intruders, till the heir appeared to claim it, and receive invetiture: and, for the time the lord o held it, he was entitled to take the profits; and, unles the heir claimed within a year and day, it was by the trict law a forfeiture. This practice however eems not to have long obtained in England, if ever, with regard to tenures under inferior lords; but, as to the king's tenures in capite, this prima eiina was exprely declared, under Henry III and Edward II, to belong to the king by prerogative, in contraditinction to other lords. And the king was intitled to enter and receive the whole profits of the land, till livery was Rh