By Samuel Edmund Thorne
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Only one who enters into his homage and service does Bim an injury, not one who enters into the tenement his tenant holds in demesne. Indeed, we have come full circle, for it is the lord whom Bracton uses to illustrate his statement that one who has no interest in the land cannot give it effectively. If a lord who has a tenant in demesne attempts to give the land to a stranger, the donee gets nothing. Thus we reach a logical position—one who has no interest in land need not consent to its alienation.
42 Such a gift was good without the heir's participation; the ancestor was the warrantor of his donee's estate, but with his death it came to an end. The heir, since he did not inherit from his ancestor, took the land free of any alienations his ancestor had made; if they were to take effect again a new grant by him was necessary. Gifts his ancestor had made for military service, for the defence of the realm, he was required to continue, but not those of other kinds unless he desired to do so. 44 41 42 43 P.
1923) 145—150; Stenton, England: Henry II in 5 Cambridge Mediaeval History (1926) 586f. A small body of ancient custom forms their base. 88 Adams, Council and Courte in Anglo-Norman England (1926) 174. '•-Note 20, p.. 38, supra; cf. note 35, last page. Livery of Seisin 43 followed by such change. Actual delivery of possession is insisted upon by the king's justices: as Maitland has pointed out, hardly a question is commoner in the Note Book and the earliest Tear Books than whether there has been a real and honest change of possession.