[345] Now, as a Knight’s fee was valued at £20, the sum mentioned in the text was a fourth of it.
[346] It appears to have been thus settled by a Law of the Conqueror. (LL. Gul. Conq. c. 40. Ed. Wilkins.) This, as Mr. Watkins observes, seems to have been no more than accounting to the Lord for the profits of that year, for which he might under certain circumstances, have retained the Lands. (Treat. on Copyh. 1. 231.)
[347] Dr. Sullivan accounts for the advantage which the Knights had obtained, when compared to the great Barons, in having their Reliefs reduced to a certainty, from the number of the Knights who made the strength of the Kingdom and were not to be disobliged; and also from the precarious situation many of the great Lords were in, who had been attached to the cause of Stephen. (Lectures p. 109.)
[348] Statutum. “From the word statutum,” says Dr. Sullivan, commenting upon the Text, “I take it for granted, this change of Reliefs into money was by Act of Parliament.” (Lectures p. 290.)
[349] This was remedied by Magna Carta cap. 2. The Reader may consult Lord Coke’s comment on the words antiquum relevium, where he endeavours to prove, the ancient Relief was certain. (2 Inst. 7. and 8.) Lord Coke, in support of his position, cites a MS. in the Library of Archbishop Parker, which seems almost word for word to coincide with the Laws of the Conqueror. (LL. Gul. Conq. c. 22. 23. 24.) This is the more remarkable, as his Lordship cites from a MS. merely, without describing the nature of it.
[350] Vide Co. Litt. 105. b. and Bracton 84. a.
[351] Vide Co. Litt. 101. a.
[352] Fleta tells us, that an examination ought to precede the Homage, in order to ascertain, whether the person offering himself, was the natural Son of the man to whom he made himself Heir, both with respect to the right of possession, and of propriety &c. &c. that the Lord might not inadvertently be deceived. (L. 3. c. 16. s. 23. 24.)
[353] The Reader will observe the expression, the King retains, whilst an inferior Lord seises or takes, the fee into his hands. In manum regis delapsa est is the expression of Dial. de Scacc. speaking of a fee held in chief, upon the death of its owner. (L. 2. c. 10.) But a passage in Mr. Madox’s Hist. of the Excheq. serves to throw still more light on the text. “Every Honor originally passed from the King, and, upon every change, by death, or otherwise, returned to the King again, and remained in his hand, until he commanded seisin of it to be delivered to his Homager, according to the custom of noble fiefs.” As the Law, by the magic of a fiction, cast the Inheritance on the King the moment his Tenant in Capite died, it was merely necessary for him to retain it—whilst the Law, not interfering on behalf of an inferior Lord, obliged him to seise the Land.
[354] “Aids were, at first, benevolencies of the Vassals, and were given during the great festivity, or the great necessity of the Lord upon three occasions—to wit—when his Son was knighted, when his Daughter was to be married, and when his person was to be ransomed: but what originally flowed from regard, Superiors soon changed into a matter of duty, and on a gratuity erected a right.” (Dalrymp. on feuds, p. 52.)—Speaking of aids, Mr. Madox informs us, that King William the First took 6s. of each Hyde through England—King Henry the First took 3s. for each Hyde, as aid pur fille marier. But he adds, that, for want of requisite notices, he could not speak distinctly of them. (Hist. Exch. c. 15. s. 1.) The Reader may also be referred to Traités sur les Coutumes Anglo-Norm. par M. Houard. 1. 265. 518.