Chapter the sixth.
Of the modern ENGLISH TENURES.
ALTHOUGH, by the means that were mentioned in the preceding chapter, the oppreſſive or military part of the feodal conſtitution was happily done away, yet we are not to imagine that the conſtitution itſelf was utterly laid aſide, and a new one introduced in it's room; ſince by the ſtatute 12 Car. II. the tenures of ſocage and frankalmoign, the honorary ſervices of grand ſerjeanty, and the tenure by copy of court roll were reſerved; nay all tenures in general, except frankalmoign, grand ſerjeanty, and copyhold, were reduced to one general ſpecies of tenure, then well known and ſubſiſting, called free and common ſocage. And this, being ſprung from the ſame feodal original as the reſt, demonſtrates the neceſſity of fully contemplating that antient ſyſtem; ſince it is that alone, to which we can recur to explain any ſeeming, or real, difficulties, that may ariſe in our preſent mode of tenure.
The military tenure, or that by knight-ſervice, conſiſted of what were reputed the moſt free and honourable ſervices; but which in their nature were unavoidably uncertain in reſpect to the time of their performance. The ſecond ſpecies of tenure, or free-ſocage, conſiſted alſo of free and honourable ſervices; but ſuch as were liquidated and reduced to an abſolute certainty. And this tenure not only ſubſiſts to this day, but has in a manner abſorbed and ſwallowed up (ſince the ſtatute of Charles the ſecond)
