224 THE USE OF THE LAW. 



ately or medi- mediately, and that the escheat appertained! to the imme- 



atel y b y , diate lord, and not to the mediate. The reason why all 

 



the reason. ^ an d is holden of the crown immediately, or by mesne lords, 



Concerning the is this. 



TheTorf uTror The Con .&amp;lt;l ueror g ot &amp;gt; b Y ri g ht ( conquest, all the land of 

 by right of con- the realm into his own hands, in demesne, taking from 

 quest, gotall the every man all estate, tenure, property, and liberty of the 

 lands of the same ( exce pt religious and church lands, and the land in 



realm into his T7 - ,. , 1 .- 11 , P.. r -&amp;gt; , , , 



hands,andashe Kent) and still as he gave any of it out of his own hand, he 

 gave it, he still reserved some retribution of rents, or services, or both, to 

 reserved rents } 1 j m an( j f. Q j^ g h e i rs ^ w hich reservation is that which is 

 Knight s ser- called the tenure of land. 



vice in capite In which reservation he had four institutions, exceeding 

 The resrva^ P olitic and suitable to the state of a conqueror. 



turns inknight s ! Seeing his people to be part Normans, and part Saxons, 

 service tenure the Normans he brought with him, the Saxons he found 

 was four. here, he bent himself to conjoin them by marriages in amity, 



1. Marriage ot i / ,1 -\ i r -i *?&amp;lt; -, -, -, J 



the wards, male an( * i r tn at purpose ordains, that if those of his nobles, 

 and female. knights, and gentlemen to whom he gave great rewards of 

 service 8 * f0 * ^ an ^ s should die, leaving their heir within age, a male 

 3. Homage and within twenty-one, and a female within fourteen years, and 

 fealty. unmarried, then the king should have the bestowing of 



seisin&quot;&quot; 61 suc ^ ^ e ^ rs * n marr ^ a g e &amp;gt; ^ n sucn a family,* and to such per- 

 The poHcy of sons as he should think meet ; which interest of marriage 

 the Conqueror went still employed, and doth at this day in every tenure 



in the reserva- ca l led knight s service. 

 tion of services - - 



-,, , - , . A , . , . . . ... 



constituted in ^ n e second was to the end that his people should still 

 four particulars, be conserved in warlike exercises, and able for his defence. 



marria^ofhis^ 11611 therefore he g ave an Y g ood portion of lands, that 

 ward^both &quot; niight make the party of abilities or strength, he withal 

 male and fe- reserved this service : that that party and his heirs having 

 male. such lands, should keep a horse of service continually, and 



.Reservation i i i \n i t i J 



that his tenant serve upon him himselt when the king went to wars, or 

 should keep a else, having impediment to excuse his own person, should 

 anserv S eTon ^ n( ^ anot her to serve in his place ; which service of horse 

 hL h^seiff 011 and man is a P art ^ tna t tenure called knight s service at 



when the king this day. 



wMchbT art But lf the tenant himself be an infant, the king is to 



of that semce hold this land himself until he come to full age, finding 



called knight s him meat, drink, apparel, and other necessaries, and find 



ing a horse and a man with the overplus, to serve in the 



wars as the tenant himself should do if he were at full age. 



But if this inheritance descend upon a woman, that 



* Interest of marriage goeth employed in every tenure by knight s service. 



