the same penalty [g]. If he
sold his estate without licence from his lord [h], or if he sold it
upon any other tenure or title than that by which he himself held it
[i], he lost all right to it. The adhering to his lord's enemies [k],
deserting him in war [l], betraying his secrets [m], debauching his
wife, or his near relations [n], or even using indecent freedoms with
them [o], might be punished by forfeiture. The higher crimes, rapes,
robbery, murder, arson, &c., were called felony; and being interpreted
want of fidelity to his lord, made him lose his fief [p]. 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 [q]. 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.
[FN [f] Hottom. de Feud. Disp. cap. 38. col. 886. [g] Lib. Feud. lib.
3. tit. 1; lib. 4. tit. 21, 39. [h] Id. lib. 1. tit. 21. [i] Id.
lib. 4. tit. 44. [k] Id. lib. 3. tit. 1. [l] Id. lib. 4. tit. 14,
21. [m] Id. lib. 4. tit. 14. [n] Id. lib. 1. tit. 14, 23. [o] Id.
lib. 1. tit. 1. [p] Spellm. Gloss. in verb. FELONIA. [q] Ibid.
Glanville, lib. 7 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 king retained the whole profit of the
estate till his majority; and might grant what sum he thought proper
for the education and maintenance of the young baron. This practice
was also founded on the notion, that a fief was a benefice, and that
while the heir could not perform his military services, the revenue
devolved to the superior, who employed another in his stead. It is
obvious, that a great proportion of the landed property must, by means
of this device, be continually in