2 1 2 Rei^enue. [Ch.XI. Sec. I. superior lord, and under that pretence it was contended, that the new vassal ought to make him a present of a suit of ar- mour (which in antient times was reckoned peculiarly valua- ble), or to pay a fine under the name of relief; to which, in process of time, an addition was made, called primer seisin^ entitling the King to demand from the heir of any of his tenants in capite, who died seised of a Knight's fee, one year's profit upon his being put in possession of the estate. 5. If the heir was under age at the death of his predecessor, the King was entrusted with the wardship, or the custody both of his person and estate ; and enjoyed the income which it yielded till he arrived at the age of twenty-one years, and consequently was able to perform the services stipulated for his feud. If the heir was a female, she came of age at sixteen years, being then supposed capable of marrying a husband who might act in her stead. 6. If the possessors of feudal estates had the power of entering into matrimonial connections during their minority, according to their own fancy and humour, they might introduce into the joint possession of the^^ an enemy of the lord ; perhaps one descended from a family with whom he had an hereditary variance [a). Upon this ground, the feudal superior was invested with some degree of control over the ward's marriage, and at length the right of selling the ward in marriage, or of receiving the price or value of the match, was confirmed by an express act of the legislature. 7. It was asserted by the feudal lawyers, that when the King gave an estate to be holden of himself and his successors, it was a gift to a chosen and selected individual, which no other person ought to be put in possession of, without his privity and consent ; and that any attempt to infringe upon this essen- tial stipulation, by alienating the lands to a stranger, ought to be attended with the forfeiture of the grant (6). This right was exercised with great severity during several reigns in the earlier part of the English history, until at last it was pro- vided by statute Edward 3. c. 12. that one third of the yearly value of the lands should be paid by way of fne, for a licence of alienation ,- but if the tenants presumed to aliene without a licence, that they should be liable to a full year's rent of the (c) Dalrymple pn Feud. Prop, ck 2. (b) Bacon*s Works, fol. edit. vol. 3. sect. 2. page 38, 4th edit. p. 551. estate. J
