Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/99

 Ch. 6. glected, it will by long continuance of time grow out of memory (as doubtles it frequently has) whether the land be holden of the lord or not; and o he may loe his eignory, and the profit which may accrue to him by echeats and other contingences.

4. tenure in ocage was ubject, of common right, to aids for knighting the on and marrying the eldet daughter : which were fixed by the tatute Wetm. 1. c. 36. at 20s. for every 20𝑙. per annum o held; as in knight-ervice. Thee aids, as in tenure by chivalry, were originally mere benevolences, though afterwards claimed as matter of right; but were all abolihed by the tatute 12 Car. II.

5. is due upon ocage tenure, as well as upon tenure in chivalry: but the manner of taking it is very different. The relief on a knight's fee was 5𝑙. or one quarter of the uppoed value of the land; but a ocage relief is one year's rent or render, payable by the tenant to the lord, be the ame either great or mall : and therefore Bracton will not allow this to be properly a relief, but quaedam praetatio loco relevii in recognitionem domini. So too the tatute 28 Edw. I. c. 1. declares, that a free okeman hall give no relief, but hall double his rent after the death of his ancetor, according to that which he hath ued to pay his lord, and hall not be grieved above meaure. Reliefs in knight-ervice were only payable, if the heir at the death of his ancetor was of full age: but in ocage they were due, even though the heir was under age, becaue the lord has no wardhip over him. The tatute of Charles II reerves the reliefs incident to ocage tenures; and therefore, wherever lands in fee imple are holden by a rent, relief is till due of common right upon the death of the tenant. Rh