But Homage is due only for Lands, free Tenements, Services, Rents
in certain, whether in Money, or in other things. But, in respect
of Dominion[336] alone, Homage ought not to be rendered to any one,
except to the King. Yet Homage is not always performed for every
species of Land. Thus, it is not due for Land in Dower, nor for free
Marriage-hood, nor from the Fee of Younger Sisters holding of the
Eldest, within the third descent on both sides[337]; nor is it due
from a Fee given in Free-Alms, nor for any Tenement given in any way
in Marriage-hood, as far as concerns the person of the Husband of the
Woman to whom the property belongs as her Marriage-hood.
[Footnote 336: Pro _Domino_ is the expression of the text, which I
have disregarded—but have preferred, what, I submit, must be the
true reading, pro _Dominio_, for so Bracton has it in a passage
corroborative of the doctrine of the text. (79. b.) And with this
concurs the Regiam Majestatem: “Homage is not made to any man for his
_band of maintenance_, but only to the King.” (L. 2. c. 65.)]
[Footnote 337: See Co. Litt. 67. a. The tenure of _parage_ among the
Normans, which seems to have possessed some features in common with
that alluded to in the text, required fealty to be done by the Younger
to the Elder branch at the sixth, and Homage at the seventh, descent.
(Grand Custum. de Norm. c. 30.)]
CHAP. III.
But Homage may be done to any free person, whether Male or Female,
whether of full age or otherwise, whether Clergy or Lay. Yet should it
be understood, that if a person has done Homage for a Tenement to a
Woman who afterwards marries any man, he shall be compelled to repeat
it to her Husband for the same Tenement. But, if any one has by Concord
made in Court recovered a Tenement against another who had previously
paid a Relief for it to the Chief Lord, it may be questioned, whether
the person so recovering the Tenement ought to pay any Relief for
it.[338]
[Footnote 338: He shall not pay any other Relief, says the Regiam
Majestatem. (Vide L. 2. c. 67.)]
CHAP. IV.
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