Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/84

 72 reciprocal, the lord alo could not alienate his eignory without the conent of his tenant, which conent of his was called an attornment. This retraint upon the lords oon wore away; that upon the tenants continued longer. For, when every thing came in proces of time to be bought and old, the lords would not grant a licence to their tenants to aliene, without a fine being paid; apprehending that, if it was reaonable for the heir to pay a fine or relief on the renovation of his paternal etate, it was much more reaonable that a tranger hould make the ame acknowlegement on his admiion to a newly purchaed feud. With us in England, thee fines eem 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 perons, they were at liberty, by magna carta, and the tatute of quia emptores , (if not earlier) to aliene the whole of their etate, to be holden of the ame lord, as they themelves held it of before. But the king's tenants in capite, not being included under the general words of thee tatutes, could not aliene without a licence: for if they did, it was in antient trictnes an abolute forfeiture of the lands ; though ome have imagined otherwie. But this everity was mitigated by the tatute 1 Edw. III. c. 12. which ordained, that in uch cae the lands hould not be forfeited, but a reaonable fine be paid to the king. Upon which tatute it was ettled, that one third of the yearly value hould be paid for a licence of alienation; but, if the tenant preumed to aliene without a licence, a full year's value hould be paid.

7. lat conequence of tenure in chivalry was echeat; which is the determination of the tenure, or diolution 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 tained by commiion of treaon or felony; whereby every inheritable quality was intirely blotted out and abolihed. In uch Rh