The Lord, indeed, by Law may well do so, even without the precept of the King, or his Justices. And thus the Lord and his Homager may proceed to the Duel, or the Grand Assise, by means of one of the Peers,[332] who chuses to make himself a Witness[333] of the fact, as having seen the Tenant himself, or his Ancestors, perform such service for the Fee in dispute to the Lord or his Ancestors, and is prepared to prove the fact. But, if the Tenant be convicted of this charge, he shall by Law be disinherited of the whole Fee, which he holds of his Lord. If, however, any one is unable to constrain his Tenants, it then becomes necessary to have recourse to the Court.[334] Every free Male person may perform Homage, whether of full age, or otherwise, whether a Clergyman or Layman. But consecrated Bishops are not in the habit of doing Homage to the King, even for their Baronies; but merely Fealty, accompanied with an oath. But Bishops elect are accustomed to do Homage, previous to their Consecration.[335] [Footnote 332: _Parium._ Vide 2 Inst. 42. Spelm. Gloss. ad voc.—_Pares enim sunt cum unus aliis non subditur Hommagio, Dominatione, vel Antenatione. Hommagio ut Homo subditur Domino suo cui fecit Hommagium Dominatione, ut Homo subditur uxoris domino et ejus primogenito filio: et omnes postnati ratione antenationis._ (Grand Custum. de Norm. c. 126.)] [Footnote 333: This differed from the Norman code, which, in a tone of haughty despotism, released the Lord from the necessity of adducing any testimony. _Vox enim sola Domini Curiæ in iis quæ ad ipsum pertinent sufficit ad accusationem subditorum._ (Grand Cust. c. 126.) Perhaps a worse principle never disgraced an Eastern code.] [Footnote 334: That is, the King’s Court.] [Footnote 335: “Pope Paschal the 2nd,” observes Lord Littleton, “allowed the _Bishops elect_ to do Homage, and take the oath of Fealty, _before they were consecrated_. This was confirmed by the Constitutions of Clarendon, of which a particular account will be given hereafter; and, from the words of Glanville, it appears, that about the end of Henry the 2nd’s reign Homage was accordingly done by _Bishops elect_, but he tells us, that _after they were consecrated_ they took the oath of fealty. This was a material difference from what had been settled by the constitutions of Clarendon: and it is surprising, that we have no account of it in the History of the Times.” (Litt. Hen. 2. Vol. 3. 113.)] CHAP. II.