Harvard Law School Library

Bracton Online -- English

Previous   Volume 2, Page 231  Next    

Go to Volume:      Page:    

[001] the lord king.1 2And if serious enmities arise between a tenant's lords, he must
[002] always stand personally with him to whom he has done liegance, standing with
[003] the others by attorney, saving to them the service in which he is bound from the
[004] tenements he holds of them.3

From what things.

[006] From what things? 4From lands and tenements, rents and all other things5 held by
[007] military service, whether such service is great or small, even if nothing is given for
[008] scutage except a single halfpenny.6 The wardship and marriage of heirs7 will always
[009] follow upon such service, not merely because of the homage done but because of
[010] the royal service, for wardship and marriage do not follow upon every homage
[011] since homage sometimes is done from a tenement held in socage.8 Homage is also
[012] done from tenements held by serjeanty, and there wardship and marriage follow,
[013] especially if the serjeanty is connected with the king and the defense of the realm;9
[014] it is otherwise if it concerns a private person and is in no way connected with the
[015] king or his army. For there are many serjeanties that concern private persons and
[016] not the king, as where one is bound to ride with his lord from manor to manor (such
[017] persons being called ‘rodknights’) or holds a tenement by the serjeanty of holding
[018] his lord's pleas, or carrying his letters within a certain precinct, and the like.10
[019] Though such persons sometimes do homage, because of it wardship and marriage
[020] will not belong to the chief lord.11 From a fee or a rent paid out of a chamber,
[021] without12 a tenement from which a rent may issue, homage is not done. 13[Nor
[022] are homages done for lordship alone, unconnected with a tenement or service,
[023] except only to the king or prince.14 It sometimes is permissible for champions to
[024] do homage to their lord, but this ought not to be where15 it is for lordship alone.]
[025] Nor is the homage good if it is an annuity from a chamber, unless it is constituted in
[026] and issues out of a specific tenement.16 A specific tenement given to anyone in fee for
[027] military service binds the tenant to homage17 18as long as he is in possession,19
[028] [and] though another has right the homage continues between the tenant and the
[029] non-lord who enfeoffed until the tenement20 is recovered,


1. Infra 253

2-3. Glanvill, ix, 1: infra 236, n. 4: iv, 329; ‘inimicitiae capitales’: infra 237, n. 5

4-5. Glanvill, ix, 2: ‘Fiunt autem homagia de terris et tenementis liberis tantummodo de servitiis de redditibus certis assignatis in denariis vel in aliis rebus.’

6. Supra 116

7. ‘heredum’; ‘heredis’ OB, MB, CE, Y

8. Supra 110, 226, infra 249

9. Supra 116

10. Supra 113, infra 254, iv, 48

11. Ibid.

12. ‘sine’

13-14. Glanvill, ix, 2: ‘pro solo vero dominio fieri non debent homagia alicui excepto principe.’

15. ‘ubi’; Fleta, iii, ca. 16; Britton, ii, 38, 44

16. Infra iv, 186, 342

17. ‘Quod quidem ... nisi ex nova causa’ transposed to 232, n. 1

18. Om: ‘et’

19. Infra 233, 236

20. ‘tenementum,’ OA, OC, CM, LA; ‘tenens’, OB, CE, MA, MB, MG, Y

Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College