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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 24   View pdf image (33K)
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24 LAND-HOLDER'S ASSISTANT.

Of these there are stated by Blackstone, (from whom it will
be perceived I chiefly take my information) to have been of
the lay kind, as distinguished from those which were
ecclesiastical, four different species, which took their denomination
from the " nature of the several services or renders that were
due to the Lords from their tenants." These services in
respect to their quality were either free or base services; in
respect to their quantity and the time of exacting them were
either certain or uncertain. Free services were such as
were not unbecoming the character of a soldier or a freeman
to perform. Base services were such as were fit only for
Peasants or persons of a servile rank. " The certain services
" whether free or base, were such as were stinted in
" quantity, and could not be exceeded on any pretence; as, to pay
" a stated annual rent, or to plough such a field for three days:
" The uncertain depended upon unknown contingencies;
" as, to do a military service in person or pay an assessment
" in lieu of it when called upon; or to wind a horn whenever
" the Scots invaded the realm, which are free services, or to
" do whatever the Lord should command, which is a base or
" villein service.

    Tenure is a stipulated condition under which (among
other things) real property is held: The person holding Land
under feudal tenure is called a tenant, and the property itself
a tenement. Of tenements there were two kinds, frank
tenement and Villenage: Of the former some were held freely,
in consideration of homage or Knight service; others in
free socage with the service of fealty only. Of base or
Villein services I shall say nothing further, as they are not
perceived to have taken root in Maryland, although the better
kind of those services was evidently designed by Lord
Baltimore to be introduced in reference to such of the Indians
as might accept of copyhold estates. Of the two kinds
comprehended in Frank tenement the tenure by Knights
service, or in Chivalry, was the most universal and esteemed
the most honorable species, but drew after it certain fruits
and consequences so burthensome as to make it less
desirable than that of common socage, and was attended by the
particular disadvantage of uncertainty, at least in respect to
time, in the services to be performed. The services by free
socage were like the others free and honourable in their
nature, and had the advantage of being reduced to an
absolute certainty. It is by this tenure, to wit, free and common
Socage, by fealty, only for all Services
, that Lord Baltimore
held the grant of Maryland, and under the same his grants
were made to the settlers.

    As to the derivation and general meaning of the term
socage
, Judge Blackstone distinguishes it from tenure in Chivalry





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 24   View pdf image (33K)
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