[315] Recordationem Curiæ Regis nulli negare licet alias licebit per intelligibiles homines Placiti. (LL. Hen. 1. c. 31. See also LL. Hen. 1. c. 49 and Co. Litt. 117. b.)
[316] “By the Duel,” omitted by Harl., Bodl. and Dr. Milles’s MSS. although from the context, it must be understood.
[317] The liberty of falsifying a Judgment was allowed by the Assises of Jerusalem. But the person, availing himself of this dangerous privilege, seems to have been obliged to fight all the persons composing the Court, not merely the Judges, but the Suitors, one after the other. Under these circumstances, the privilege would, probably, not often be claimed. (Assis. de Jerusalem, c. 111.)
[318] See Mirror, c. 3. s. 23. A Judge, who had given a false Judgment, is heavily fined to the King by the Laws of Edgar, unless he dared confirm upon his oath, that he knew not how to pass a better sentence. (LL. Edg. c. 3.) By the Laws of the Conqueror, such Judge lost his were, unless he could excuse himself by the same means. (LL. Gul. Conq. c. 15.) By the Laws of Alfred, he was, after having made satisfaction to those he had injured, to forfeit the remainder of his goods to the King, &c. &c. (Mirror, c. 4. s. 18.)
[319] Terminum—Vide ante, p. 22. not. 2.
[320] The Record—Bodl. and Dr. Milles’s MSS.
[321] Baro—hoc est robur beli, says Bracton. The term was formerly used in a variety of senses.—I shall mention some of them—a Man, a hired Soldier, an Officer, a Tenant, a lesser Tenant in chief, a greater Tenant in chief, a Noble, an Ecclesiastical Dignitary, a greater Vassal of an Earl or Prelate, a Knight, a Husband, an Eldest Son, a Burgess, a Citizen, a Robber, &c. (Vide Spelm. Gloss. ad voc. Cowell’s Interp. Craig Jus feud. L. 1. Dieg. 12. s. 15. 16. 2 Inst. 5.—Madox’s Excheq. c. 5. s. 1. Index to Anglo-Sax. LL. Ed. Wilkins, voc. Baro—and authorities referred to by such authors.)
[322] Suit, instead of Court, according to Harl. and Bodl. MSS.
[323] Lords, at first, had but a domestic Jurisdiction, in order to compel their Tenants’ Services, and to maintain peace and order amongst them. Afterwards, in imitation of the Sovereign’s Court, Lords caused Records to be made before their own officers of the transactions which had taken place in their Courts. But, as these Records derived their chief or rather only strength, from the parties voluntarily submitting to them, the authority of the Lords was gradually weakened; and, as murmurs began to increase against the decisions of their Courts, a reference to the King’s Court became the only resort of the Lords. (Traités sur les Coutumes Anglo-Normandes par M. Houard, p. 507. Tom. 1.)
[324] Homage, the result of the Feudal System, was unknown to the Romans; and Spelman thinks, it was unknown to the Anglo-Saxons. (Reliq. p. 34.) However that may be, William the Conqueror is stated to have received it from the Nobles, immediately after the Battle of Hastings. (M. Paris.) It is generally derived from the word homo, which, as well as our synonymous term man, Spelman asserts, to have been used for many ages by the German and Western Nations, for a servant or vassal. (Spelm. ubi supra—sed vide Co. Litt. 64. b.) Homage is divided into liege and feudal: the former was due to the King, the latter to the Lord, of whom the Tenant held his Fee. “The reason of Homage,” says Spelman, “was to preserve the memory of the tenure, and of the duty of the Tenant, by making every new Tenant at his entry to recognise the Interest of his Lord, lest that the feud, being now hereditary, and new Heirs continually succeeding to it, they might by little and little forget their duty and subtracting their services deny at last the tenure itself.” (Spelm. Reliq. 34.) On Homage in general see Bracton 78. b. et seq. Fleta l. 3. c. 16. Littleton’s Tenures and Lord Coke’s Comment. Craig, Spelman, Sullivan, Assises de Jerusalem c. 205. &c. &c. &c.