Landholding in England by of Youghal the younger Joseph Fisher
page 47 of 123 (38%)
page 47 of 123 (38%)
![]() | ![]() |
|
tenuit.
"Data obsidione coram civitate Eboraci." This charter does not create a different title, but gives the lands as held by the former possessor. The monarch assumed the function of the fole-gemot, but the principle remained--the feudee only became tenant for life. Each estate reverted to the Crown on the death of him who held it; but, previous to acquiring possession, the new tenant had to cease to be his own "man," and became the "man" of his superior. This act was called "homage," and was followed by "investiture." In A.D. 1175, Prince Henry refused to trust himself with his father till his homage had been renewed and accepted, for it bound the superior to protect the inferior. The process is thus described by De Lolme (chap, ii., sec. 1): "On the death of the ancestor, lands holden by 'knight's service' and by 'grand sergeantcy' were, upon inquisition finding the tenure and the death of the ancestor, seized into the king's hands. If the heir appeared by the inquisition to be within the age of twenty-one years, the King retained the lands till the heir attained the age of twenty-one, for his own profit, maintaining and educating the heir according to his rank. If the heir appeared by the inquisition to have attained twenty-one, he was entitled to demand livery of the lands by the king's officers on paying a relief and doing fealty and homage. The minor heir attaining twenty-one, and proving his age, was entitled to livery of his lands, on doing fealty and homage, without paying any relief." The idea involved is, that the lands Were HELD, and NOT OWNED, and |
|