CHAP. XI.
Inferior Courts have also Records concerning things transacted in them, which are received as such in the King’s Court. This happens when a Lord[321] has a Plea in his Court, concerning which a reasonable difficulty arises, and the Court is incompetent to determine it. On such an occasion, the Lord himself may adjourn his Court[322] into the King’s Court, in order to have the advice and assent of the latter, in determining what is proper to be done. The King, indeed, owes this assistance to his Barons, who may on such an occasion, as a matter of right, adjourn their Courts into the King’s Court, in order to obtain from the skilful men who preside there, that advice they stand in need of. But, when they have been certified in the King’s Court, concerning the doubtful point, they may return with the Suit, resume the consideration of it, and finally determine it in their own Court.[323] The County Court has a Record, as to the giving and receiving pledges there, and of similar matters.
Book IX.
OF HOMAGES, AND RELIEFS, AND SERVICES, AND AIDS, AND OF PURPRESTURES, AND BOUNDARIES DISTURBED.
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.