CHAP. I.
It remains to resume the subject of performing Homages,[324] and receiving Reliefs.[325] Upon the death of the Father, or any other Ancestor, the Lord of the Fee is bound, from the first, to receive the Homage of the Right Heir, whether the Heir has attained his full age, or not, if he be a Male. For, Females cannot by Law perform any Homage,[326] although, generally speaking, they are to do Fealty to their Lords.
But, if they are married, their Husbands ought to do Homage to their Lords for their Fees; I mean, if Homage be due in respect of such Fees. If, however, the Heir be a Male and a Minor, the Lord of the Fee is not entitled by Law to the Custody, either of the Heir, or his Inheritance, until he has received the Homage of the Heir; because, it is a general principle, that no one can exact from an Heir, whether he is of age, or not, any service, consisting in a Relief or otherwise, until he has received the Homage of the Heir, in respect of that Tenement, for which the service is claimed. But a person may perform Homage to several Lords on account of different Fees; but, of these Homages, one should be the chief, and accompanied with allegiance,[327] and this must be made to the Lord, from whom the person performing Homage, holds his Chief Estate. Homage ought to be done in this form, namely, the party performing it shall so become the Man of his Lord, that he shall bear faith to him for the Tenement in respect of which he does Homage,[328] and shall preserve the Lord’s terrene Honor in all things, saving the faith due to the King,[329] and his Heirs.
From this it is evident, that a Vassal cannot injure his Lord, consistently with the Faith implied in Homage; unless, possibly, in his own defence, or unless, in compliance with the King’s precept, he join his Army when it proceeds against his Lord; and, generally speaking, no one can by Law, consistently with the Faith implied in Homage, do any thing which tends to deprive his Lord of his Inheritance, or to affix a personal stain upon him.[330] If, then, a Tenant has in respect of several Fees done Homage to different Lords, who afterwards make war on each other; and the Chief Lord should command the Tenant to accompany him in person against another of his Lords, he ought to yield obedience to this Mandate, saving however the service due to the other Lord for the Fee held of him.
From what has gone before it is evident, that if a Tenant should do any thing to the disinherison of his Lord, and should be convicted of it, he and his Heirs shall according to the Law for ever lose the Fee held of such Lord.[331] The same consequence will follow, if the Tenant lay violent hands on his Lord to hurt him, or to commit any atrocious injury upon him, and this be lawfully proved in Court against the Tenant. But, it may be asked, whether any one can be compelled in the Lord’s Court, to defend himself against the Lord from such charges; and whether his Lord can, by the Judgment of his own Court, distrain the Tenant so to do, without the Precept of the King, or his Justices, or without the King’s Writ, or that of his Chief Justice?
The Law, indeed, permits a Lord by the Judgment of his Court to call upon and distrain his Homager to appear in Court, and, unless he can purge himself against the charge of his Lord by three persons, or as many as the Court should award, he shall be amerced to the Lord, to the extent of the whole Fee that he holds of him.
It may also be enquired, whether a Lord can distrain his Homager to appear in Court, and answer for a service, of which the former complains the Tenant has deforced him, or of which some part is unpaid?
The Lord, indeed, by Law may well do so, even without the precept of the King, or his Justices. And thus the Lord and his Homager may proceed to the Duel, or the Grand Assise, by means of one of the Peers,[332] who chuses to make himself a Witness[333] of the fact, as having seen the Tenant himself, or his Ancestors, perform such service for the Fee in dispute to the Lord or his Ancestors, and is prepared to prove the fact. But, if the Tenant be convicted of this charge, he shall by Law be disinherited of the whole Fee, which he holds of his Lord. If, however, any one is unable to constrain his Tenants, it then becomes necessary to have recourse to the Court.[334] Every free Male person may perform Homage, whether of full age, or otherwise, whether a Clergyman or Layman. But consecrated Bishops are not in the habit of doing Homage to the King, even for their Baronies; but merely Fealty, accompanied with an oath. But Bishops elect are accustomed to do Homage, previous to their Consecration.[335]