Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/91

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Ch. 6.
of Things.
79

almoſt every other ſpecies of tenure. And to this we are next to proceed.

II. Socage, in it's moſt general and extenſive ſignification, ſeems to denote a tenure by any certain and determinate ſervice. And in this ſenſe it is by our antient writers conſtantly put in oppoſition to chivalry, or knight-ſervice, where the render was precarious and uncertain. Thus Bracton[1]; if a man holds by a rent in money, without any eſcuage or ſerjeanty, "id tenementum dici poteſt ſocagium:" but if you add thereto any royal ſervice, or eſcuage to any, the ſmalleſt, amount, "illud did poterit feodum militare." So too the author of Fleta[2]; "ex donationibus ſervitia militaria vel magnae ſerjantiae non continentibus, oritur nobis quoddam nomen generale, quod eſt ſocagium." Littleton alſo[3] defines it to be, where the tenant holds his tenement of the lord by any certain ſervice, in lieu of all other ſervices; ſo that they be not ſervices of chivalry, or knight-ſervice. And therefore afterwards[4] he tells us, that whatſoever is not tenure in chivalry is tenure in ſocage: in like manner as it is defined by Finch[5], a tenure to be done out of war. The ſervice muſt therefore be certain, in order to denominate it ſocage; as to hold by fealty and 20s. rent; or, by homage, fealty, and 20s. rent; or, by homage and fealty without rent; or, by fealty and certain corporal ſervice, as ploughing the lord's land for three days; or, by fealty only without any other ſervice: for all theſe are tenures in ſocage[6].

But ſocage, as was hinted in the laſt chapter, is of two ſorts: free-ſocage, where the ſervices are not only certain, but honourable; and villein-ſocage, where the ſervices, though certain, are of a baſer nature. Such as hold by the former tenure are called in Glanvil[7], and other ſubſequent authors, by the name of liberi ſokemanni, or tenants in free-ſocage. Of this tenure we are firſt

  1. l. 2. c. 16. §. 9.
  2. l. 3. c. 14. §. 9.
  3. §. 117.
  4. §. 118.
  5. L. 147.
  6. Litt. §. 117, 118, 119.
  7. l. 3. c. 7.
of