Reciprocal, indeed, ought to be the Relation of Fidelity between
Dominion and Homage.[339] Nor does the Tenant owe more to his Lord,
in respect of Homage, than the Lord owes to the Tenant on account
of Dominion, Reverence alone excepted. Hence, if one person give to
another any Land in return for Service and Homage, which is afterwards
recovered against the Tenant by a third person, the Lord shall be bound
to warrant such Land to him, or to return him an adequate equivalent.
It is different, however, with respect to him who holds a Fee of
another, as his Inheritance, and, in this character, has done Homage;
because although he lose the Land, the Lord shall not be bound to give
him an equivalent.[340] In the case we have formerly mentioned, of the
death of the Father or Ancestor, leaving an Heir, a Minor, the Lord of
the Fee has no right to the Custody of the Heir, or his Inheritance,
unless he has first received the Homage of the Heir. But the Homage
having been received, the Heir, with his Inheritance, shall continue
in the manner before mentioned, in the Custody of his Lord, until he
has attained his full age. Having at last arrived at such age, and
received restitution of his Inheritance, he shall, by reason of his
having been in Custody, be exempt from the payment of any Relief.[341]
But a Female Heir, whether she has attained her full age, or not,
shall remain in the Custody of her Lord, until, with his advice,
she is married.[342] If, however, she was within age, when the Lord
received her into Custody, then, upon her marriage, the Inheritance
shall be discharged from the Relief, so far as respects herself and her
Husband.[343] But, if she was of full age at that time, although she
continue some time in her Lord’s Custody before she is married, her
Husband shall pay a Relief. When, however, the Relief has been once
paid by the Husband of a Woman, it shall exempt both the Husband and
the Wife during their several lives from payment of another Relief,
on account of such Inheritance; because, neither the Woman herself,
nor her second Husband, if she should espouse a second upon the death
of the former, nor her first Husband, should he survive her, shall
again pay a Relief for the same Land. But when a Male Heir is left
of full age, and known to be the Heir, he shall hold himself in his
Inheritance, as we have formerly observed, even though his Lord be
unwilling, provided he make a Tender to his Lord, as he ought to do, of
his Homage, and reasonable Relief,[344] in the presence of creditable
persons. A person’s Relief is said to be reasonable, with reference to
the Custom of the Realm, according to which the Relief of a Knight’s
Fee is one hundred Shillings,[345] whilst that of Land in Socage is
one Year’s Value.[346] But as to Baronies[347] nothing certain is
enacted,[348] because Barons holding of the King _in Capite_ are
accustomed to pay their Reliefs to the King, according to his pleasure,
Public-domain text, read in full here on John Shaqi.
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