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.
[Footnote 327: We have observed, that homage was divided into, _liege_
and _feudal_: it was also divided into, _liege_ and _not liege_, which
division corresponds with the other. _Liege_ is borrowed from the
French, as Thaumas informs us. (Cout. de Beauvoisis p. 255.) and seems
to have meant a service that was personal and inevitable. (Traités Sur
Les Cout. Anglo-Norm. par Houard. p. 511. Tom. 1.)]
[Footnote 328: In performing Homage, the Tenant was to name and specify
the particular Tenement, on account of which he did Homage, in order
that the Lord might not be imposed upon. (Britton 174. Mirror c. 3. s.
36.)]
[Footnote 329: “In the year 1152, the Emperor Frederic Barbarossa
made a Statute, that in every oath of fealty taken to any of his
subjects, there should be a reserve of the faith due to him and his
successors; which immediately was adopted by several other nations,
where the feudal Law was in use, with regard to their sovereigns, and,
the omission of that reserve was punished in England by a judicial
determination under Edward the first.” (3 Litt. Hen. 3. p. 111.) This
reserve was also required by the Book of Feuds L. 2. t. 55. Regiam Maj.
L. 2. and Grand Cust. Norm.]
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