to ſpeak; and this, both in the nature of it's ſervice, and the fruits and conſequences appertaining thereto, was always by much the moſt free and independent ſpecies of any. And therefore I cannot but aſſent to Mr Somner's etymology of the word[1]; who derives it from the Saxon appellation, ſoc, which ſignifies liberty or privilege, and, being joined to a uſual termination, is called ſocage, in Latin ſocagium; ſignifying thereby a free or privileged tenure[2]. This etymology ſeems to be much more juſt than that of our common lawyers in general, who derive it from ſoca, an old Latin word denoting (as they tell us) a plough: for that in antient time this ſocage tenure conſiſted in nothing elſe but ſervices of huſbandry, which the tenant was bound to do to his lord, as to plough, ſow, or reap for him; but that, in proceſs of time, this ſervice was changed into an annual rent by conſent of all parties, and that, in memory of it's original, it ſtill retains the name of ſocage or plough-ſervice[3]. But this by no means agrees with what Littleton himſelf tells us[4], that to hold by fealty only, without paying any rent, is tenure in ſocage; for here is plainly no commutation for plough-ſervice. Beſides, even ſervices, confeſſedly of a military nature and original, (as eſcuage itſelf, which while it remained uncertain was equivalent to knight-ſervice) the inſtant they were reduced to a certainty changed both their name and nature, and were called ſocage[5]. It was the certainty therefore that denominated it a ſocage tenure; and nothing ſure could be a greater liberty or privilege, than to have the ſervice aſcertained, and not left to the arbitrary calls of the lord, as in the tenures of chivalry. Wherefore alſo Britton, who deſcribes ſocage tenure under the name of fraunke ferme[6], tells us, that they are "lands and tenements, whereof the nature of the fee is changed by feoffment out of chivalry for certain yearly ſervices, and in reſpect whereof neither homage, ward, marriage, nor relief can be demanded." Which leads us alſo to another obſervation,
