minated homagium, or manhood, by the feudiſts, from the dated form of words, devenio veſter homo[1].
When the tenant had thus profeſſed himſelf to be the man of his ſuperior or lord, the next conſideration was concerning the ſervice, which, as ſuch, he was bound to render, in recompenſe for the land he held. This, in pure, proper, and original feuds, was only twofold: to follow, or do ſuit to, the lord in his courts in time of peace; and in his armies or warlike retinue, when neceſſity called him to the field. The lord was, in early times, the legiſlator and judge over all his feudatories: and therefore the vaſals of the inferior lords were bound by their fealty to attend their domeſtic courts baron[2], (which were inſtituted in every manor or barony, for doing ſpeedy and effectual juſtice to all the tenants) in order as well to anſwer ſuch complaints as might be alleged againſt themſelves, as to form a jury or homage for the trial of their fellow-tenants; and upon this account, in all the feodal inſtitutions both here and on the continent, they are diſtinguiſhed by the appellation of the peers of the court; pares curtis, or pares curiae. In like manner the barons themſelves, or lords of inferior diſtricts, were denominated peers of the king's court, and were bound to attend him upon ſummons, to hear cauſes of greater conſequence in the king's preſence and under the direction of his grand juſticiary; till in many countries the power of that officer was broken and diſtributed into other courts of judicature, the peers of the king's court ſtill reſerving to themſelves (in almoſt every feodal government) the right of appeal from thoſe ſubordinate courts in the laſt reſort. The military branch of ſervice conſiſted in attending the lord to the wars, if called upon, with ſuch a retinue, and for ſuch a number of days,
- ↑ It was an obſervation of Dr Arbuthnot, that tradition was no where preſerved ſo pure and incorrupt as among children, whoſe games and plays are delivered down invariably from one generation to another. (Warburton's notes on Pope. vi. 134. 8°.) Perhaps it may be thought puerile to obſerve (in confirmation of this remark) that in one of our antient paſtimes (the baſilinda of Julius Pollux, Onomaſtic. l. 9. c. 7.) the ceremonies and language of feodal homage are preſerved with great exactneſs.
- ↑ Feud. l. 2. t. 55.
