No seignory, in the sense above ex plained, can now be created except by the king. It was enacted by the statute Quia Emptores (18 Edw. 1. c. 1), that all feoffments of land in fee simple must be so made that the feoffee must hold of the chief, that is, the immediate lord of the aliening tenant, by the same services by which the tenant held. All seignories exist now which existed at the time when the statute of Quia Emptores was passed. A lord may release the services to a tenant ; but it would be consistent that the king could not release the services due to him, for if that were the case land might become allodial, and on the death of a person without heirs there might be land without an owner, which is inconsistent with the fundamental principles of law relating to English land. Still it is said that the king can release to his tenant all services, and yet that the tenant holds of him. By this assumption of a still subsisting tenure the consequence above mentioned is avoided.
Tenure of an imperfect kind may be created at present. Wherever a particu lar estate is created, it is held of the reversioner by an imperfect tenure : this is the common case of landlord and tenant. If no rent or other services are reserved from the tenant of the particular estate for life or years, the tenure is by fealty only, and be may be required to take the oath of fealty. But the right of the reversioner to whom services are due is solely incident to the reversion. and is created at the same time with it.
The perfect tenure originated in the pure feudal system, in which the seignory of the lord was the legal ownership of the land, and the tenant owed his services for the enjoyment of it. The only perfect tenure now existing is Socage tenure, the services of which are certain, and con sist, besides fealty, of some certain annual rent. [Socsean.] The right of wardship was one of the incidents to military tenures. The lord had a right to the wardship of his infant tenant until he was twenty-one years of age ; and this right was in many respects prejudicial to the interests of the heir. This right was abolished with the aboli tion of military tenures. The right of
guardianship to an infant tenant in socage only continues to the age of fourteen; but the act of Charles II. (12, e. 24) gave a father power by deed or will, executed as the statute prescribes, to appoint a guardian to any of his children till their Innof twenty-one, or for any less time. (See 1 Vict. c. 26.) The guardian in socage was the next of kin to the heir, and he was chosen from that line, whether paternal or maternal, from which the lands had not descended to the heir, and consequently such guardian could never be the heir of the infant. This wardship then had no relation to tenure.
If the services due in respect of a per fect tenure are not rendered by the tenant to the lord, he may distrain, that is, take any chattels that are on the land in re spect of which the services are due ; and an imperfect tenure so far resembles a perfect one, that a reversioner can dis train for the services due from the tenant of the particular estate.
A right still incident to a seignory such as a subject may have is that of escheat, which happens when the tenant in fee simple dies without leaving any heir to the land, and without having incurred any forfeiture to the crown, as for treason. Such a right exists by virtue of seignory created before the statute of Quia Emptores. It has been observed that the acquisition by escheat is not a purchase, because the escheated land de scends as the seignory would have de scended. Forfeiture is another right incident to a seignory, and it may happen in consequence of any act by which the tenant breaks his fidelity (fealty) to his lord of whom be holds. It therefore extends to other cases than treason and felony. This subject is explained under FORFEITURE, and TENANT AND LAND Loan. When lands are forfeited to the king for treason, or to the lord for felony, the tenure is extinguished ; and generally, in whatever way lands come to the king or lord, the tenure is of necessity extinguished. If lands escheat to the king, he may grant them again in fee simple.
The nature of tenure will be better understood by consulting the following articles : CA3FYHOLD ; FEUDAL SYSTEM; MANOR; RENT.