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[001] the homage, which still endures between the lord who attorned the service and his
[002] tenant. But because of this the distraint for service ought not to abate, for distraint
[003] pertains to the having of service, not to the homage the lord retained.1 He who
[004] grants service to another of necessity grants distraint, for to grant service without
[005] distraint is to grant nothing, no more than if one were to say: ‘I grant you the
[006] right to draw water from my well but refuse to allow you access to it.’2 A grant of
[007] that kind will be void; there are many instances. Hence if the tenant disavows him
[008] who distrains for service, the distraint for service ought not to abate, for disavowal
[009] and distraint are not repugnant to one another. But if [the lord attorns]
[010] both homage and service and disavowal is made, some say that the distraint abates,
[011] [unless one says that if the gift and grant cannot be good for one,3 that is, the homage,
[012] it ought to be good for the service, since one may be good without the consent of the
[013] tenant and the other not, and thus the distraint ought not to abate,]4 unless the
[014] homage cannot be denied, as where5 [he who distrains] says ‘I am wrongfully
[015] disavowed for this reason, because a fine was made’ or ‘the homage [due] was
[016] acknowledged and proved in the king's court’ and the like> Hence if, when the lord
[017] wishes to attorn his service the tenant is unwilling to be attorned, he to whom he is
[018] attorned must provide for himself with care,6 by writ de fine facto or de warrantia
[019] [carte], that a fine and chirograph may follow, and,7 as was said a little above, that
[020] the tenant be summoned to show to whom he does his service, and similarly, the lord
[021] who attorned, to acknowledge what right he claims in the aforesaid service; then let
[022] the matter proceed as in the case of the aforesaid Geoffrey described above. 8When
[023] service is to be so attorned, it ought no more to be attorned to the damage and
[024] prejudice of the said tenant (unless he willingly agrees) than the homage itself, as
[025] was said above. He ought not to do anything other than what he did before, unless
[026] he so wishes, and as he then did it; neither more service nor more suits nor in a place
[027] other than that in which they were formerly done, for if he to whom he is attorned
[028] could do this the tenant would be immoderately burdened. Let the tenant take care
[029] therefore, when he is to be attorned, that he obtain an adequate charter from him
[030] to whom he is attorned, by which he may defend himself against him, that he not
[031] exact more services than his tenant is bound to do, and by which he, the lord, is
[032] bound to warranty and escambium, just as he who attorned him was.



Notes

1. Infra 243

2. D. 8.3.3.3

3. ‘pro una parte’

4. ‘et ita ... districtio,’ from lines 13-14

5. ‘ut si’

6. Reading: ‘Et unde si cum dominus servitium attornare voluerit tenens noluerit attornari, oportet quod sibi caute prospiciat, [ipse cui attornatus fuerit]’; supra 238, nn. 3-4

7. ‘et,’ as 237

8. New paragraph


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