and indulgence.[349] The same Rule prevails as to Serjeanties.[350] If, however, the Lord will neither receive the Homage nor reasonable Relief of the Heir, then, the latter should safely keep the Relief, and frequently tender it to his Lord, by the hands of respectable persons. If the Lord will by no means receive it, then, the Heir should make complaint of him to the King, or his Justices; and shall have the following Writ. [Footnote 339: The mutuality of obligation created by Homage is inculcated, not merely by our own, but other writers. (Vide _Assises de Jerusalem_ c. 99. _Coutumes de Beauvoisis_ c. 58. Mirror c. 4. s. 11. Bracton 78. Fleta L. 3. c. 16. Britton fo. 170. a.) This has induced Lord Littleton (3 Hist. Hen. 2. 121.) and Mr. Watkins (Copyholds Vol. 1. p. 2.) to conclude, that the Feudal System was abhorrent from Tyranny, originated in freedom, and ceased to be free only when it was corrupted.] [Footnote 340: The Text seems to allude to _Homage auncestrel_, and pointedly to inculcate an opposite doctrine. Yet, Lord Coke refers to this identical chapter of Glanville, in support of the doctrine of Homage Auncestrel!! (Co. Litt. 101. a.) The Reg. Maj. is rather more consistent with itself, but assists us not materially. “But it is otherwise to be understood of him who has Lands as free Heritage, for the which he is _not_ obliged to make Homage: for, although he lose that Land, the over-Lord giver thereof is not obliged to warrant the same.” (L. 2. c. 67.)] [Footnote 341: Similar is the doctrine of the Grand Norman Custumary c. 33.] [Footnote 342: _Si autem fœminæ in Custodia fuerint, cum ad annos nubiles pervenerint, per consilium et licentiam domini sui et consilium et consensum amicorum suorum et consanguineorum propinquorum prout generis nobilitas et feudorum valor requisierint debent maritari, et in contractu matrimonii debet iis feodum custodia liberari._ (Grand Norm. Cust. c. 33.)] [Footnote 343: Fleta enumerates the instances in which Reliefs were not to be paid. 1. None was payable for a Fief, acquired by any species of purchase. 2. Nor on a change of the Lord. 3. Nor was a Tenant for life only, to pay a Relief. 4. Nor any man who married a woman who had been in custody—but this differs from the Text. 5. Nor any one from whom his Lord had received a remuneration, on account of custody. 6. Nor any one who had once paid a relief for his Estate. (Fleta L. 3. c. 17. s. 5. et seq.)] [Footnote 344: Reliefs were in many parts of Normandy certain and fixed: thus a Knight’s fee, or, as it is there termed, _feudum loricæ_ was five pounds, a barony one hundred pounds, land twelve pence an acre, and woody ground 6d. (Grand Cust. c. 34.)] [Footnote 345: Now, as a Knight’s fee was valued at £20, the sum mentioned in the text was a _fourth_ of it.]