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
(6) _Petty serjeanty_ may be described in the words of Littleton as
“where a man holds his lands of our lord the king to yield to him yearly
a bow or sword, or a dagger or a knife ... or to yield such other small
things belonging to war.”[73]
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Footnote 73:
See Littleton, II. ix. s. 159. With this may be compared the
definition given in chapter 37 of Magna Carta, where John speaks of
land thus held by a vassal as “quam tenet de nobis per servitium
reddendi nobis cultellos, vel sagittas vel hujusmodi.”
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The grant of lands on such privileged tenures was frequently made in
early days on account of the special favour entertained by the King for
the original grantee, due, it might be, to the memory of some great
service rendered at a critical juncture to the King’s person or
interests. A few illustrative examples may be cited from the spirited
description of a scholar whose accuracy can be relied upon. Serjeanties,
as Miss Bateson tells us, "were neither always military nor always
agricultural, but might approach very closely the service of knights or
the service of farmers.... The serjeanty of holding the King’s head when
he made a rough passage across the Channel, of pulling a rope when his
vessel landed, of counting his chessmen on Christmas Day, of bringing
fuel to his castle, of doing his carpentry, of finding his potherbs, of
forging his irons for his ploughs, of tending his garden, of nursing the
hounds gored and injured in the hunt, of serving as veterinary to his
sick falcons, such and many other might be the ceremonial or menial
services due from a given serjeanty."[74]
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Footnote 74:
_Mediaeval England_, pp. 249-250. A similar tenure still exists in
Scotland under the name of "blench"—a tenure wherein the reddendo is
elusory, viz., the annual rendering of such small things as an arrow
or a penny or a peppercorn, “if asked only” (_si petatur tantum_).
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In the days before legal definition had done its work, it must often
have been difficult to say on which side of the line separating Petty
Serjeanties from Grand Serjeanties any particular holding fell.
Gradually, however, important and practical distinctions were
established, making it necessary that the boundary should be defined
with accuracy. In particular, the rule was established that Petty
Serjeanties, while liable for relief, were exempt altogether from the
burdensome incidents of wardship and marriage, which Grand Serjeanties
shared with lands held by ordinary Barony or Knight’s service.[75] Thus
the way was prepared for the practical identification of the Petty
Serjeanties with ordinary socage at a later date.
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Footnote 75:
Littleton, II. viii. s. 158.
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Public-domain text, read in full here on John Shaqi.
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