[001] first, in his wife's lifetime. A's inheritance is now so delivered that the wardship of [002] the land and of the heir belongs to his lord and the heir is bound to homage and [003] accordingly his lord has the marriage. Suppose that B. the wife dies first; the result [004] seems the same as in the preceding case, that the fee of the lord of whom she held is [005] delivered and that the wardship of the land and of the heir and the marriage belong [006] to him. But that is not so, because the homage of the said A., done to the chief lord [007] in the name of his wife, still continues; that is not dissolved during A's life since [008] he is entitled to hold his wife's inheritance for his life by the law of England. Thus [009] while A's homage continues his heir will remain in his potestas and he will not be [010] bound to homage to the chief lord while his father lives, since one may not at the [011] same time take two homages from two persons from one tenement.1 What was been [012] said is applicable in the case of a common heir. If there are different [fathers] it [013] will be otherwise, as where a man first marries a woman having an inheritance and [014] after an heir is born the husband dies; the inheritance is not delivered, the wife [015] being still alive, nor is the marriage. If she afterwards marries a second husband, [016] or several in succession, the wardship or marriage will never be delivered in her [017] lifetime or in those of her husbands, as was said above. If she dies and he [her [018] second husband] marries again, the position is still the same with respect to the [019] inheritance of his first wife. But when he dies the inheritance will be delivered to [020] the heir of the first husband. 2A husband or wife may predecease one another by a [021] greater or lesser time, or by a very small period of time, an hour or a moment, and [022] that lord must always be preferred whose fee is first delivered. But suppose he [023] cannot establish which of them died first; recourse must then be had to the more [024] ancient fee or feoffment, without regard to priority of delivery.
When there are several chief lords, both on the father's side and the mother's.
[026] When there are several chief lords on the side of the father's inheritance and the [027] mother's, and before both inheritances have been united in the person of the one [028] heir one is delivered, with respect to the part delivered that lord must be preferred [029] who is the first feoffor and liege lord, he to whom the ancestor who died did ligeance. [030] In the same way when the inheritances of both the father and mother, one or [031] several, are united in the person of the one heir, that lord must still be preferred [032] who first enfeoffed by military service, all the others being completely excluded, [033] though there are an infinite number of feoffments. Several chief lords who have [034] enfeoffed by military service may have right in the marriage
Volume 2, Page 259
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