Bracton: Thorne Edition: English. Volume 2, Page 258

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Bracton Online -- English

Volume 2, Page 258

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[001] from the father's side or the mother's only, and [thus but] one chief lord. Now
[002] we must consider the case where there are separate descending inheritances, from
[003] the father's side and the mother's, which ought to be united in the person of one
[004] heir, and where there is one chief lord of each inheritance of whom it is held by
[005] military service. In that case, with respect to obtaining the marriage, it is important
[006] [to see] whose fee is first so delivered that the heir is bound to homage to his lord,
[007] for a chief lord may not and ought not to take the homage of any heir before the
[008] inheritance has been so delivered that the heir and no other is bound to homage.
[009] Nor may a chief lord claim from an heir of full age a relief or service or any kind before
[010] he has taken his homage, when the inheritance has been delivered. Nor does the
[011] wardship of the land of any heir within age, or his wardship and marriage, belong
[012] to a lord before his fee has been so delivered that the homage of the heir's ancestor
[013] no longer continues. The homage of ancestors may continue for their entire life,
[014] [that is, the life of their heirs], if it was not withdrawn from him, as many be seen.
[015] Suppose one holds of another for homage and by military service and grants to
[016] his son that he hold the inheritance of him for life, or of the chief lords for life subject
[017] to the condition that if the son dies in the father's lifetime the entire inheritance
[018] revert to the father to hold as before; by such grant for his life,¹ without condition
[019] or subject to the condition, the homage is not altered but continues between the
[020] father and his chief lord, because it was never withdrawn from him, nor was the
[021] son, though heir, who held only² for life, bound to homage. It would be otherwise
[022] if the father had withdrawn from the inheritance and instituted his son heir.

When one's fee is [so] delivered that the marriage of the heir belongs to the lord.

[024] We must see how and when one's fee is delivered. It is clear that it is only delivered
[025] when the heir is bound to homage without obstacle or mesne and that it will never
[026] be delivered as long as the homage of his ancestor continues. For example, A. who
[027] has an inheritance marries B. who has an inheritance and each of them has a
[028] single chief lord. A common heir is born to them, a son or daughter, and A. dies

Notes

1. ‘per talem concessionem ad vitam suam’

2. ‘tantum’