For, upon the death of a Baron holding of him in chief, the King immediately retains[353] the Barony in his own hands, until the Heir has given security for the Relief, although the Heir should be of full age. But Lords, for a reasonable cause, may sometimes postpone receiving Homage and Relief for their Fees. Suppose, for Example, another person, than the one who asserts himself to be the Heir, should claim a right in the Inheritance. During the pendency of this Suit, Homage ought not to be received, nor a Relief given. Or, if the Lord think that he himself has a right to hold the Inheritance in his own Demesne. And if in such case he should, by force of the King’s Writ or that of his Justices, implead the person in possession, the Tenant may put himself upon the King’s Grand Assise, the form of which proceeding is explained in the second Book, unless in some respects there should be a variation, an Example of which we have in the following Writ for such purpose—— [Footnote 353: The Reader will observe the expression, the King _retains_, whilst an inferior Lord _seises or takes_, the fee into his hands. _In manum regis delapsa est_ is the expression of Dial. de Scacc. speaking of a fee held in chief, upon the death of its owner. (L. 2. c. 10.) But a passage in Mr. Madox’s Hist. of the Excheq. serves to throw still more light on the text. “Every Honor originally passed from the King, and, upon every change, by death, or otherwise, returned to the King again, and remained in his hand, until he commanded seisin of it to be delivered to his Homager, according to the custom of noble fiefs.” As the Law, by the magic of a fiction, cast the Inheritance on the King the moment his Tenant _in Capite_ died, it was merely necessary for him to _retain_ it—whilst the Law, not interfering on behalf of an inferior Lord, obliged him to seise the Land.] CHAP. VII. “The King to the Sheriff, Health. Summon, by good Summoners, four lawful Knights, from the Neighbourhood of such a Vill, that they be before me, or my Justices, on a certain day there to elect, upon their oaths, twelve &c. who better know the truth of the thing, and will say, for the purpose of making a Recognition, whether _N._ has greater right of holding one Hyde of Land in that Vill of _I._ or whether _R._ of holding it in his Demesne, which the said _R._ claims by my Writ against the aforesaid _N._ and of which _N._ who holds the Land, hath put himself upon my Assise, and prays a Recognition to be made, whether he has greater right of holding that Land in his Demesne or the aforesaid _N._ of holding it of him: And summon, by good Summoners, the aforesaid _N._ who holds the Land, that he be then there to hear that Election. And have there, &c. Witness, &c.” CHAP. VIII.