Bracton: Thorne Edition: English. Volume 2, Page 232

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Volume 2, Page 232

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[001] but no longer. If it is all recovered from the tenant by another the homage is
[002] completely dissolved and extinguished, nor can it be revived or raised again except
[003] by force of a new causa.¹ From a tenement held for a term no homage is done, but
[004] an oath of fealty is taken.

By what persons.

[006] By what persons? Homage may be done neither by procurators nor by letters,
[007] but must be taken and done personally by both lord and tenant, for wherever
[008] personal participation is necessary the matter cannot be concluded by a procurator
[009] or letters.

How and by what words.

[011] How and by what words ought homage to be done? It is clear that he who ought
[012] to do homage [In view of the reverence which he owes his lord, he ought to wait
[013] upon him no matter where he is in the realm, or (if it can be done without great
[014] difficulty) outside it; a lord is not bound to seek out his tenant.] ²ought to do it
[015] thus: he ought to place both his hands between the two hands of his lord, by which
[016] there is symbolized protection, defense and warranty on the part of the lord and
[017] subjection and reverence on that of the tenant, and say these words: ‘I become
[018] your man with respect to the tenement which I hold of you (or ‘which I ought to
[019] hold of you’) and I will bear you fealty in life and limb and earthly honour (according
[020] to some, but according to others, ‘in body and goods and earthly honour’) and
[021] I will bear you fealty against all men (or ‘all mortal men,’ according to some)
[022] saving the faith owed the lord king and his heirs.’ And immediately after this let
[023] him swear an oath of fealty to his lord in these words:

The oath of fealty.

[025] ‘Hear this, lord N., that I will bear you fealty in life and limb, in body, goods, and
[026] earthly honour, so help me God and these sacred [relics].’ And some add the following
[027] to the oath, and properly, that at the agreed terms he shall do his service to his
[028] lord and his heirs faithfully and without diminution, contradiction, impediment, or
[029] wrongful delay. ³Homage ought not to be done in private, but in a public place
[030] and openly, in the presence of many, in the county or hundred court or the court
[031] of the lord, so that if, through malice, the tenant should wish to deny his homage

Notes

1. Supra 231, n. 17; infra 235

2. Glanvill, ix, 1: ‘Fieri autem debet homagium sub hoc forma, scilicet, ut is qui homagium facere debet ita fiat homo domini sui, quod fidem illi portet de illo tenemento unde homagium suum praestat et quod eius in omnibus terrenum honorem servet, salva fide debita domino regi et heredibus suis.’; St. of the Realm, i, 227

3. New paragraph