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.
[Footnote 330: Vide Mirror c. 4. s. 10. and 11, and Le Grand Cust. de
Norm. c. 14.]
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?
[Footnote 331: As the Tenant could not injure his Lord, neither could
the Lord injure his Tenant. If the violation of this obligation was
punished on the Tenant’s part, by the loss of his Tenement, the Lord,
when the Aggressor, lost his Dominion. (Fleta L. 3. c. 16.)]
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?
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