Note 326 — Book IX.

“Glanville,” observes Lord Coke, “saith, that Women shall not do Homage: but Littleton saith, that a Woman shall do Homage, but she shall not say, Jeo devigne votre feme, but Jeo face à vous homage; and so is Glanville to be understood, that she shall not do complete Homage.” (Co. Litt. 65. b.) Having cited this passage, a noble Historian observes “But I should rather think, that in Glanville’s time single women did none, and that the alteration in the form, which is mentioned by Littleton, was an expedient found afterwards to obviate the objection of an indecency in their Homage: as it was also in the case of Ecclesiastics.” (3 Litt. Hist. Hen. 2. p. 339.) Skene gives a reason for the rule as laid down by Glanville: because Homage especially concerns service in war, (de verb. sign. ad voc. homagium.) He also remarks, that consecrated Bishops did no homage. The reason, says Cowell, may be all one. (Interpreter) But Craig (Jus Feud. 1. 11. 10.) and the Regiam Majestatem (L. 2. c. 60.) expressly coincide with our Author. Indeed, if any doubt could possibly exist, concerning the unconditional meaning of the passage in the text, it would be silenced by the latter part of the present chapter. Having made use of the expression liber homo, our author pointedly adds, masculus, as if solicitous to prevent any possible misconception, especially that very misconception Lord Coke seems to have fallen into, which is likewise refuted by a custom mentioned by Lord Littleton. “From the obligation laid on the Husband to do Homage for the wife, it naturally followed, that the Barony of a wife, as well as every other Fief requiring Homage, was in effect made over to the Husband; and, therefore, in those days many Barons came to Parliament in right of their wives, and by virtue of their marriage, were accounted Peers of the Realm. It has been observed, in this History, that the same notion extended to Dukedoms and Principalities in many parts of the Continent.” (Litt. Hen. 2. p. 339.)