Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
The ancient classification differs materially from that in use at the
present day. The modern English lawyer (unless of an antiquarian turn of
mind) concerns himself only with three tenures: freehold (now
practically identical with socage), copyhold and leasehold. The two
last-mentioned may be rapidly dismissed, as they were of little
importance in the eyes of Littleton, or of Coke: leasehold embraces only
temporary interests, such as those of a tenant-at-will or for a limited
term of years; while copyhold is the modern form of tenure into which
the old unfree villeinage has slowly ripened. The ancient writers were,
on the contrary, chiefly concerned with holdings both permanent and free
(as opposed to leaseholds on the one hand and villeinage on the other).
Of such free tenures seven at least may be distinguished in the
thirteenth century, all of which have now come to be represented by the
same one of the three recognized modern tenures, namely, freehold or
socage. The free holdings existing in medieval England may be ranged
under the following heads, viz.: knight’s service, free socage,
fee-farm, frankalmoin, grand serjeanty, petty serjeanty, and burgage.
(1) _Knight’s Service._ Medieval feudalism had many aspects; it was
almost as essentially an engine of war as it was a system of
land-holding. The normal return for which an estate was granted
consisted of the service in the field of a specific number of knights.
Thus the normal feudal holding was known as knight’s service, or tenure
in chivalry—the conditions of which must be constantly kept in view,
since by these rules the relations between John and his recalcitrant
vassals fell to be determined. When finally abolished at the
Restoration, there fell with knight’s service, it is not too much to
say, the feudal system of land tenure in England. “Tenure by barony” is
sometimes spoken of as a separate species, but may be more correctly
viewed as a variety of tenure in chivalry.[65]
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Footnote 65:
See Pollock and Maitland, _History of English Law_, I. 218.
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(2) _Free Socage._ The early history of socage, with its division into
ordinary and privileged, is involved in obscurities which do not require
to be unravelled for the purpose at present on hand. The services which
had to be returned for both varieties were not military but
agricultural, and their exact nature, and amount varied considerably.
Although not so honourable as chivalry, free socage was less burdensome
in respect that two of the most irksome of the feudal incidents,
wardship and marriage, did not apply. When knight’s service was
abolished those who had previously held their lands by it, whether under
the Crown or under a mesne lord, were henceforward to hold in free
socage, which thus came to be the normal holding throughout England
after the Restoration.[66]
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Footnote 66:
See Statute 12 Charles II. c. 24.
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Public-domain text, read in full here on John Shaqi.
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