Of Marriage-hood—the one kind is free, the other, liable to the performance of services.[289] Marriage-hood is called free, when any freeman gives a certain part of his Land with a Woman in Marriage to another, so that such Land be exempt from every kind of service, and acquitted on the part of him and his Heirs, as against the Chief Lord. The Land in question shall enjoy this immunity, even to the third Heir;[290] nor, during the interval, are the Heirs bound to do any Homage for it; but, after the third Heir,[291] the Land again becomes subject to its original services, and Homage shall be received for it, and, if it be part of a Military Fee, the Tenant shall perform the service of the Fee, with reference to the quantity of the Land. But sometimes Land is given in Marriage-hood, saving and reserving the services due to the Chief[292] Lord; and then indeed, the Husband of the Woman and his Heirs must perform the services, with the Exception of Homage, even to the third Heir.[293] [Footnote 289: Vide Note 1. c. 1. of this Book.—Bracton 21. a. b. and Fleta L. 3. c. 11.] [Footnote 290: In enumerating these degrees, say Bracton and Fleta, _Donatarius primum faciat gradum, heres ejus secundum gradum &c._ (Bracton fo. 22. b. Fleta L. 3. c. 11. s. 1.)] [Footnote 291: _Nor, during the interval, are the Heirs bound to do any Homage for it, but, after the third Heir_,—omitted by the Harl. and Bodl. MSS.] [Footnote 292: All the MSS. concur in omitting the word _chief_.] [Footnote 293: “And the third Heir shall make Homage, therefore, Ward and Relief, and all his Heirs after him.” (Regiam Majest. L. 2. c. 57.)] But the third Heir shall do Homage for the first time, and all his Heirs afterwards. But another Fealty,[294] with the interposition of a solemn promise or oath, shall, in the intervening period, be performed by the Women and their Heirs, almost in the same form and in the same words in which Homage is commonly performed. [Footnote 294: “And another fealty, by making of an oath and faith, shall be given and made by the Woman and her Heirs, in the same form and words as Homage should be made.” (Reg. Maj. L. 2. c. 57.)] When, therefore, any one has received Lands with his Wife in Marriage-hood, and has by her an Heir, Male or Female, heard to cry within the four Walls, then, if the man survive his wife, whether the Heir live or not, the Marriage-hood shall notwithstanding remain to the Husband, during his life; but, after his death, it shall revert to the original Donor, or his Heirs.[295] But if he never had an Heir from his Wife, then, immediately after her death, the Marriage-hood shall revert to the Donor or his Heirs.[296]