All tenures being thus derived, or supposed to be derived, from the
sovereign, those who held directly under such sovereign, and in right of
the crown and dignity, were called tenants _in capite_, or _in chief_,
which was the most honourable species of tenure, although at the same time
it subjected the tenants to far greater and more burthensome services than
the inferior tenures did, and this distinction ran through all the
different sorts of tenure. William I., and other feudal sovereigns,
although they made large and numerous grants of land, always reserved a
rent or certain annual payments, which were collected by the sheriffs of
the counties in which the lands lay, to show that they still retained the
_dominium directum_ in themselves.
With our ancestors the most honourable and highly esteemed species of
tenure was that by knight service, and this was purely and entirely a
military tenure, being, in fact, the result of the feudal establishment in
England. Now to make a tenure by knight service, a determinate quantity of
land was necessary, which was called a knight's fee, _feodum militare_;
the measure of which in 3 Edward I., was estimated at twelve ploughlands,
and its value (although it varied with the times) in the reigns of Edward
I. and Edward II. was stated at £20 per annum. The knight who held this
proportion of land was bound to attend his lord to the wars for forty days
in every year, if called upon so to do, which attendance was his rent or
service for the land he claimed to hold. If, however, he held only half a
knight's fee, he was only bound to attend his lord twenty days, and so on
in proportion. This tenure of knight service drew with it several
consequences as inseparably incident to the tenure in chivalry, and one of
the most profitable, and, at the same time, arbitrary of these was
marriage. This incident called marriage was the right which the lord
possessed of disposing of his infant wards in matrimony, at their peril of
forfeiting to him, in case of their refusing a suitable match, a sum of
money equal to the value of the marriage; that is, what the suitor was
willing to pay down to the lord as the price of marrying his ward; and
double the market value was to be forfeited, if the ward presumed to marry
without the consent of the lord.
Public-domain text, read in full here on John Shaqi.
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