FINES for Alienation, in Feodal Law. One of the attendants or consequences of tenure by vassalship, KNIGHT-SERVICE, was that of fines due to the lord for every alienation, whenever the tenant had occasion to make over his land to another. This depended on the nature of the feodal connexion; it not being reasonable, nor allowed, that a feudatory should transfer his lord's gift to another, and substitute a new tenant to do the service in his own stead, without the consent of the lord: and, as the feodal obligation was considered as reciprocal, the lord also could not alienate his feignory without the consent of his tenant, which consent of his was called an attornment. The restraint upon the lord soon wore away; that upon the tenant continued longer. For, when every thing came in process of time to be bought and sold, the lords would not grant a license to their tenants to alien, without a fine being paid; apprehending that, if it was reasonable for the heir to pay a fine or relief on the renovation of his paternal estate, it was much more reasonable that a stranger should make the same acknowledgement on his admission to a newly purchased feud. In England, these fines seem only to have been exacted from the king's tenants in capite, who were never able to alien without a license: but as to common persons, they were at liberty by magna charta, and the statute of quia emptores (if not earlier), to alienate the whole of their estate, to be holden of the same lord as they themselves held it of before. But the king's tenants in capite, not being included under the general words of these statutes, could not alien without a license: for if they did, it was in ancient strictness an absolute forfeiture of the land; though some have imagined otherwise. But this severity was mitigated by the statute 1 Edw. III. c. 12. which ordained, that in such case the lands should not be forfeited, but a reasonable fine be paid to the king. Upon which statute it was settled, that one-third of the yearly value should be paid.
paid for a license of alienation; but, if the tenant presumed to alienate without a license, a full year's value should be paid. These fines were at last totally taken away by statute 12 Car. II. c. 24. See KNIGHT-SERVICE.