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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 25   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 25

by the certain or fixed nature of its services, in opposition
to the uncertain or arbitary services of the other, and
reasoning from this favourable distinction, derives it from the Saxon
word soc, signifying liberty or privilege, to which word a
usual termination being added makes socage, in latin
socagium
, meaning a free or privileged tenure. Mr. Blackstone,
however, is in this matter opposed to earlier writers, who
derive socage from soca an obsolete latin word signifying a
plough, and who assert that socage tenure consisted
originally of nothing but services of husbandry, as, to plough, sow,
reap, &c. for the Lord; that this service was in process of
time changed by consent into an annual rent, but, in memory
of its origin, still retained the name of socage or plough
tenure. Without claiming to be the author of the first
mentioned etymology, Blackstone reasons strongly in favour of it
from the great immunities which the tenants in free socage
always enjoyed; so superiour, as he observes, to those of
the tenants in Chivalry that in the reigns of both Edward I.
and Charles II. when reforms were on foot, it was thought
a point of the utmost importance and value to the tenants to
reduce the tenure by Knight Service to Frank ferme or tenure
by socage. Whatever may have been the real origin of
this species of tenure it was, without the least doubt, at the
time of Lord Baltimore's grant, an honorable and
advantageous one, as there are reasons to believe that the Charter
was in a great measure penned by his father Sir George
Calvert for whom as has been stated it was first designed.

    Having, as he supposes, settled the meaning of the word,
Blackstone deems it probable that the socage tenures were
not among the feudal establishments brought over by William
the Norman, but were the relics of Saxon liberty retained by
such persons as had neither forfeited them to the King nor
been obliged to exchange them for the more honourable, but
also more burthensome, tenure by Knights service, and
instances in support of his conjecture, the tenure called
Gavelkind
; now acknowledged to be a kind of socage tenure, but
which was certainly a Saxon custom that withstood the
innovations of the Norman Conqueror.

    It would lead me much too far to pursue, even in this
hasty manner, the disquisitions of the learned writer whom I
take for my text on the subject of socage tenure, into which
he resolves various customs and incidents that do not appear
to have been in view in the Charter of Maryland, such as
Reliefs, Primer Seizins, Wardships, &c. but fines for
alienation, and Escheats, which he deems to have been due for
lands holden of the King in capite, as well by socage tenure,
as by the tenure of Knights service, have, something to do

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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 25   View pdf image (33K)
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