There were certain incidents to the relation of tenure, or to particular varieties of tenure, which existed without special reservation at the time of the grant. These call for a brief consideration.

"Homage" and "fealty" had to do chiefly with the personal relation between the lord and the tenant, and were in effect oaths of allegiance at the beginning of the tenancy. Homage was the more solemn in character, and was restricted chiefly to tenancy by knight service and tenancy directly of the king. Fealty was incident to every tenancy, whether free or unfree, except what we shall hereafter know as "tenancy at will."16

If, upon the death of a tenant in chivalry, his heir was under age, the lord then had what were known as the rights of "wardship" and "marriage." By the right of wardship, the lord became entitled to the custody of the land and body of the heir till he or she became of full age, the lord not being bound to account for the profits of the land, and being burdened only with the maintenance of the heir. The right of marriage grew out of the right of wardship, and consisted of the right of the lord to dispose of the ward in marriage. In case of the ward's refusal of the marriage proposed to him or her by the lord, there was forfeited to the lord the value of the marriage, as it was called, this value being what any one would have paid the guardian for the alliance; and in case the ward married without the lord's assent while under age, the forfeit was of twice the value of the marriage, by force of the statute of Merton (20 Hen. III., A. D. 1235). These rights of jeet, however, to a claim on the part of his lord for what was known as a "relief," this being a pecuniary payment, which varied in amount according to the species of tenure, the decrees of the crown, and sometimes the will of the lord himself. Somewhat similar to this right to relief was that of "primer seisin," being the right of the king to take possession of land held of him on the death of his immediate tenant, and to take the profits for a certain period, generally a year.22

15. Litt. Sec.Sec. 73-76; Digby, Hist. Real Prop. c. 5, Sec.6; Leake, Prop. in Land, pt. 1, c. 2.

16. Litt. Sec.Sec. 85, 91; 2 Blackst. Comm. 53; Digbyb, Hist. Real Prop. 76; 1 Pollock & Maitland, Hist. Eng. Law, 277 et seq.

[Sec. 10 wardship and marriage were regarded as vendible commodities, involving no relation of trust, were frequent subjects of investment, and were "chattels real," which passed to the executor on the owner's death.17

"Aids" were contributions which could be exacted by the lord of his tenant, whether by knight service or in socage, for the purpose of giving a portion to the lord's daughter on her marriage, of paying the expense of the knighting of his eldest son, or of ransoming the lord if taken prisoner.18

"Escheat" was the right of the lord, upon the death of the tenant without leaving any heir, or upon the corruption of his blood as a result of his commission of treason or felony, to hold the land free from the burden of the tenure, the land being said, in such case, to "escheat" to the lord.19