Britton An English Translation And Notes

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] OF HOMAGE. 361 held the tenements for term of life, or in villenage, or at will, or for term of years, or in mortgage, or in fee tail, or in ward, or by means of a bailiff, or in like cases ; or because the tenement for which he tendered homage, was given in marriage, and therefore he ex- pects the reversion until the appearance of heirs ; or because the tenant has no heir of his body, ^wherefore the defendant contends that the tenant's portion ought still to accrue to him if the tenant shoul...d die without any heir of his own ; 1 or because this same tenant has done some act by which the lord is discharged from receiving his homage ; and such exceptions, if true, shall be allowed.
14. Therefore it behoves every lord, before he takes the homage of his tenant, to examine whether he is the right heir, and concerning all the circumstances named in the above exceptions, and that he know for what tenement and for how much he ought to take homage, and of how much the tenant is seised in de- 1 These two justifications of refusal of homage refer to the two cases of tenants in frank-marriage, and co-parceners ; the feoff or in the one case and the elder parcener in the other being justified in refusing the homage until the third generation.


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