were frequent in
ancient times. If the vassal, being thrice summoned to attend his
superior's court, and do fealty, neglected or refused obedience, he
forfeited all title to his land.[*] If he denied his tenure, or refused
his service, he was exposed to the same penalty.[**] If he sold his
estate without license from his lord,[***] or if he sold it upon any
other tenure or title than that by which he himself held it,[****]
he lost all right to it. The adhering to his lord's enemies,[*****]
deserting him in war,[******] betraying his secrets,[*******] debauching
his wife or his near relations,[********] or even using indecent
freedoms with them,[*********] might be punished by forfeiture. The
higher crimes, rapes, robbery, murder, arson, etc., were called felony;
and being interpreted want of fidelity to his lord, made him lose his
fief.[**********] Even where the felon was vassal to a baron, though his
immediate lord enjoyed the forfeiture, the king might retain possession
of his estate during a twelvemonth, and had the right of spoiling
and destroying it, unless the baron paid him a reasonable
composition.[***********] We have not here enumerated all the species
of felonies, or of crimes by which forfeiture was incurred: we have said
enough to prove that the possession of feudal property was anciently
somewhat precarious, and that the primary idea was never lost, of its
being a kind of fee or benefice.
[* Hottom. de Feud. Disp. cap. 38, col. 886.]
[** Lib. Feud. lib. iii. tit. 1; lib. iv. tit. 21,
39.]
[*** Lib. Feud. lib. i. tit. 21.]
[**** Lib. Feud. lib. iv. tit. 44.]
[***** Lib. Feud. lib. iii. tit. 1.]
[****** Lib. Feud. lib. iv. tit. 14, 21]
[******* Lib. Feud. lib. iv. tit. 14.]
[******** Lib. Feud. lib. i. tit. 14, 21.]
[********* Lib. Feud. lib. i. tit. 1.]
[********** Spel. Gloss, in verbo Felonia]
[*********** Spel. Glos. Glanville, lib. vii. cap.
17.]
When a baron died, the king immediately took possession of the estate;
and the heir, before he recovered his right, was obliged to make
application to the crown, and desire that he might be admitted to do
homage for his land, and pay a composition to the king. This composition
was not at first fixed by law, at least by practice: the king was often
exorbitant in his demands, and kept possession of the land till they
were complied with.
If the heir were a minor, the k
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