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[001] the lord could more readily produce proof of the homage done and the service
[002] acknowledged.

[What should be ascertained before homage is done].1

[004] 2Diligent inquiry ought to precede the performance of homage [in order to ascertain]
[005] whether he who claims as heir is the natural [and legitimate]3 son of him whose heir
[006] he claims to be; a right and near heir with respect to the right of possession, and not
[007] merely a right and near heir but a nearer heir with respect to the proprietary right.
[008] Every nearer heir ought to have both rights, possession and property, though
[009] another has a greater right than he.4 Inquiry ought also to be made concerning the
[010] kind of tenement for which and from which he is bound to do homage, and how
[011] much he holds. What in demesne and what in service, whether he holds the entire
[012] tenement in demesne or in service or part in demesne and part in service. And by
[013] what service, and how the inheritance descends to him so that he may be the heir,
[014] lest in taking his homage the lord be deceived through negligence or error.5

What the effect of homage is.

[016] The effect of homage is this, that if one has done homage to another, his true lord
[017] or a non-lord, he cannot withdraw from such lord or his homage without judgment,6
[018] as long as he holds the tenement, either in demesne or in service, by which he is
[019] bound to homage.7 8Because of the bond of homage the tenant may do nothing to
[020] the disherison of his lord or his severe injury,9 nor conversely, may the lord so act
[021] toward the tenant. If either so acts homage is completely dissolved and extinguished,
[022] [and the nexus and obligation of homage,] since they act contrary to
[023] homage and the oath of fealty, and it will be a just judgment10 11<that they be
[024] punished with respect to that in which they offend, that is, [if] it is the lord, that
[025] he lose his lordship; [if] the tenant, his tenement, as will be explained more fully
[026] below.12 In this way homage may be dissolved.>13

How homage is dissolved and extinguished.

[028] We must see how homage may be dissolved, on one side or both, so that it holds
[029] on one side but not on the other or fails on both. It is clear that sometimes homage
[030] [and the nexus of homage] holds in the person of the tenant and is altogether
[031] dissolved and


1. Rubric erroneous

2. Om: ‘quia’

3. Supra 186

4. Supra 25

5. Supra 207, 227, 228

6. Infra 240

7. Supra 231, infra 236

8-9. Glanvill, ix, 1: ‘Et generaliter nihil de iure facere potest quis salva fide homagii quod vertat ad exheredationem domini sui vel ad dedecus corporis sui.’; infra 236

10. ‘et erit iustum iudicium,’ from lines 23-4

11. Not among addiciones supra i, 383

12. Infra 236

13. Rubric

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