Bracton: Thorne Edition: English. Volume 2, Page 248

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Volume 2, Page 248

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[001] to the chief lord.¹ If the minor's tenant is of full age we must see to whom he ought to
[002] pay relief, to the chief lord or to his warrantor, for homage may be taken at once
[003] though the heir, his warrantor, is within age, and when it is taken relief ought to
[004] follow forthwith;² thus it is to be paid immediately to the chief lord. It seems,
[005] however, according to some, that though relief follows homage it is not to be paid
[006] before the warrantor reaches full age. ³Suppose the tenant of a tenant [C] makes this
[007] agreement with his lord [B], that after his death his heir, if a minor, shall not be in
[008] his [B's] wardship, but in that of his nearer kinsmen, and⁴ if he is of full age he shall
[009] pay no relief.⁵ The mesne lord [B] then dies, leaving an heir within age,⁶ and when
[010] he is in the wardship of his lord [A] that same lord claims the wardship of the heir
[011] of the second tenant [C], if he is under age, or his relief if he is of full age. The
[012] agreement is put forward by the kinsmen. The lord answers that the act of his tenant
[013] could not take from him the wardship or relief due him by reason of the fact that the
[014] heir of his immediate tenant is in his wardship. The rejoinder is made him that he
[015] may claim no greater right in the aforesaid [wardship or relief] than he who is in his
[016] wardship could were he of full age, for if he should make such claim the agreement
[017] would bar him, which is true, [that is], that the chief lord may claim nothing. But we
[018] must distinguish whether [or not], by force of such grant, any heir of him with whom
[019] the agreement was made ever was⁷ in the wardship of his kinsmen when under age
[020] or quit of relief when of full age. If so the agreement prevails, because of the seisin of
[021] the ancestor who died seised of the acquitance, and because at his own death his lord
[022] and feoffor [B] was not in seisin. But if the tenant has never been quit and the lord
[023] dies seised, the chief lord will prevail over the kinsmen for no other reason than that
[024] the heir of his [immediate] tenant [B], being within age, cannot answer to the charters
[025] or reply to the agreement.

Whether relief ought to be given from socage and how much.

[027] We have spoken of the relief furnished from a military fee. Now we must see
[028] whether a relief ought to be given from socage, since from that neither wardship
[029] nor homage is due the chief lord, and where there is no wardship there is no relief,
[030] but conversely. In truth, no wardship is due the chief lord from socage, but it
[031] falls to the kinsmen, as was said above,⁸ nor is homage due,⁹

Notes

1. Infra 253, 256

2. Supra 247

3. New paragraph

4. ‘et’

5. Supra 148, infra iv, 318

6. Om: ‘qui’

7. ‘umquam fuit’

8. Supra 226; unless special custom: C.R.R., xi, no. 1436

9. Supra 110, 244