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[001] to an oath of fealty, according to the different natures of their tenements. It is thus
[002] necessary to distinguish the kinds of tenements in order to understand the different
[003] kinds of tenants and heirs. Some tenements are held by military service, others by
[004] serjeanty, from both of which homage must be done to the chief lord because of
[005] the forinsec service called royal, concerned with the shield and the army and the
[006] defence of the realm.1 There is another kind of tenement, that held in free socage,
[007] where [no homage at all is done, only an oath of fealty, where] a service in money is
[008] rendered the chief lords and nothing at all given to the shield and the service of the
[009] king. The term socage is derived from socus, a plough, and thus tenants who hold in
[010] socage may be called sokemen because, so it seems, they are deputed to agricultural
[011] work only. The wardship and marriage of their heirs will belong to the nearer kinsmen
[012] by right of blood.2 And if, as often happens, homage is taken thence de facto,3 the
[013] chief lord will not on that account have wardship and marriage, for these do not
[014] always follow upon homage though they sometimes do.4 There is another kind of
[015] socage, called villein socage, where no homage at all is due but an oath of fealty, as
[016] in the case of villeins; if through the negligence or folly of their lords they do homage
[017] de facto, it will be prejudicial to such lords and therefore to be avoided. Another
[018] kind of tenement is that given in maritagium, where homage is not done before a
[019] certain time, that is, before the third heir, computed inclusively, [a provision] established
[020] for the benefit of the donor, because of5 the reversion; if it is earlier done
[021] de facto it is effective, though to the damage of the donor. A period of time down to
[022] the third heir but not beyond is given, because, so it seems, once there are three
[023] successive heirs, heirs can hardly fail thereafter; thus homage may follow without
[024] damage or danger to the donor.6 [Sometimes] homage is not taken before a certain
[025] time because of the right of accruer, as where a partible7 inheritance descends to
[026] co-heirs,8 brothers or sisters; none of them shall do homage to the eldest brother
[027] or sister, 9for if any one of several co-heirs dies without an heir of his body the deceased's
[028] portion will accrue to the survivors,10 and remain with them if homage has
[029] not been done, but if it has it will descend from the hands of the co-heirs to heirs
[030] below.11 When there are several co-heiresses,12 as aforesaid, they shall all achieve to
[031] the eldest daughter 13and her husband shall do homage to the chief lord for the
[032] whole fee,14 the younger daughters taking an oath of fealty to the eldest or her
[033] husband



Notes

1. Supra 114

2. Infra 254

3. Infra 254, iii, 127

4. Supra 110, infra 231, 249

5. ‘propter,’ as 77 supra

6. Supra 77, 224

7. ‘partibilis’

8. ‘coheredibus’

9-10. Glanvill, vii, 3: ‘Notandum autem quod si quis fratum vel sororum inter quos dividitur hereditas sine herede de corpore suo moriatur, tunc illa portio certeris fratribus vel sororibus accrescet.’

11. Supra 192-3, 224; Cal. Cl. Rolls, 1234-37, 375-6 (30 Aug. 1236): ‘... nec poterit primogenita ea occasione petere a postnatis sororibus homagium vel custodiam vel aliquam aliam subjectionem hac ratione, quia cum omnes sorores sint quasi unus heres de unica hereditate, si primogenita posset habere homagium aliarum sororum et custodiam, tunc esset eadem hereditas divisa, ita quod primogenita soror fieret simul et semel de una hereditate domina et heres, heres scilicet sue partis et domina sororem suarum, quod quidem in hoc casu fieri non poterit ...’

12. ‘coheredes’

13-14. Glanvill, vii, 3: ‘Maritus autem primogenitae filiae homagium faciet capitali domino de toto feodo.’


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