In which reservation he had four institutions, The reservation in knight's exceeding politic and suitable to the state of a service. conqueror. Hagel Son the wards. the Conqueror First, Seeing his people to be part Normans, and 1. Marriage of part Saxons, the Normans he brought with him, 2. Horse for the Saxons he found here; he bent himself to con-service. 3. Hojoin them by marriages in amity, and for that pur- mage and fealpose ordained, that if those of his nobles, knights, seisin. and gentlemen, to whom he gave great rewards of The policy of lands, should die, leaving their heir within age, in the reservaa male within twenty-one, and a female within fourteen years, and unmarried, then the King should have the bestowing of such heirs in marriage in such a family, and to such persons as he should think meet; which interest of marriage went still implied, and doth at this day in every tenure called knight's service. tion of services. that his tenant upon him him The second was, to the end that his people Reservation should still be conserved in warlike exercises, should keep a and able for his defence. When therefore he gave horse of serany good portion of lands, that might make the vice, and serve party of abilities or strength, he withal reserved self when the this service, that that party and his heirs having King went to such lands, should keep a horse of service continually, and serve upon him himself when the king went to wars; or else, having impediment to excuse his own person, should find another to serve in his place: which service of horse and man is a part of that tenure called knight's service at this day. But if the tenant himself be an infant, the king is to hold this land himself until he come to full age, finding him meat, drink, apparel, and other necessaries, and finding a horse and a man with the overplus, to serve in the wars, as the tenant himself should do if he were at full age. But if this inheritance descend upon a woman that cannot serve by her sex, then the King is not to have the lands, she being of fourteen years of age, because she is then able to have a husband that do the service in person. may 3. Institution of the Conqueror was, by knight's service vow, 1. Homage. 2. Fealty. *The third institution was, that upon every gift of land the King reserved a vow and an oath to that his tenants bind the party to his faith and loyalty: that vow was called homage, the oath fealty. Homage is to be done kneeling, holding his hands between the knees of the lord, saying in the French tongue, I become your man of life and limb, and of earthly honour. Fealty is to take an oath upon a book, that he will be a faithful tenant to the King, and do his service, and pay his rents according to his 4. Institution nition of the every heir to pay one year's profit of the lands called tenure. †The fourth institution was, that for recognition was for recog of the King's bounty by every heir succeeding his King's bounty, ancestor in those knight's service lands, the King should have primer seisin of the lands, which is one year's profit of the land; and until this be paid, primer seisin. the King is to have possession of the land, and then to restore it to the heir; which continueth at this day in use, and is the very cause of suing liverý, and that as well where the heir hath been in ward, as otherwise. Knight's ser a tenure de per serjeanty were These before-mentioned be the rights of the vice in capite is tenure, called knight's service in capite, which is as sona regis. Te-much to say, as tenure de persona regis; and caput nants by grand being the chiefest part of the person, it is called a to pay relief attenure in capite, or in chief. And it is also to be the full age of noted, that as this tenure in capite by knight's serwhich was one vice generally was a great safety to the crown, so year's value of also the Conqueror instituted other tenures in capite held ultra re- necessary to his estate; as namely, he gave divers priss. lands to be holden of him by some special service every heir, the lands so * Aid money to make the King's eldest son a knight, or to marry his eldest daughter, is likewise due to his Majesty from every one of his tenants in knight's service, that hold by a whole fee 20s. and from every tenant in socage, if his land be worth twenty pound per annum, 20s. † Escuage was likewise due unto the King from his tenant by knight's service: when his Majesty made a voyage royal to war against another nation, those of his tenants that did not attend him there for forty days with horse and furniture fit for service, were to be assessed in a certain sum by act of parliament, to be paid unto his Majesty; which assessment is called escuage. about his person, or by bearing some special office in his house, or in the field, which have knight's service and more in them, and these be called tenures by grand serjeanty. Also he provided upon Grand serthe first gift of lands to have revenues by continual jeanty. Petty serservice of ploughing his land, repairing his houses, jeanty. 'parks, pales, castles, and the like. And sometimes to a yearly provision of gloves, spurs, hawks, horses, hounds, and the like; which kind of reservations are called also tenures in chief, or in capite of the King, but they are not by knight's service, because they required no personal service, but such things as the tenant may hire another to do, or provide for his money. And this tenure is called a tenure by The institution socage in capite, the word soca signifying the of socage in plough; howbeit in this latter time, the service of it is now turned ploughing the land, and of harvest works, is turned into moneyinto money-rent, for that the Kings do not keep their demesne in their own hands, as they were wont to do; yet what lands were de antiquo dominio coronæ, it well appeareth in the records of the exchequer called the book of Doomsday. And the tenants in ancient demesne have many immunities and privileges at this day, that in ancient times were granted unto those tenants by the crown; the particulars whereof are too long to set down. These tenures in capite, as well that by socage, as the others by knight's service, have this property; that the tenants cannot alien their lands without licence of the King; if they do, the King is to have a fine for the contempt, and may seize the land, and retain it until the fine be paid. And the reason is, because the King would have a liberty in the choice of his tenant, so that no man should presume to enter into those lands, and hold them, for which the King was to have those special services done him, without the King's leave; this licence and fine, as it is now digested, is easy and of course. capite, and that rent. There is an office called the office of alienation, Office of aliewhere any man may have a licence at a reasonable nation, rate, that is, at the third part of one year's value of enation is the A licence of ali one year's va moderately rated. third part of the land moderately rated. A tenant in capite by lue of the land knight's service or grand serjeanty, was restrained by ancient statute, that he should not give nor alien away more of his lands, than that with the rest he might be able to do the service due to the King; and this is now out of use. Aid, what. Tenants by knight's service in capite And to this tenure by knight's service in chief was incident, that the King should have a certain sum of money called aid, due, to be ratably levied amongst all those tenants proportionably to their lands, to make his eldest son a knight, or to marry marry his eldest his eldest daughter. daughter. paid it to make the King's eldest son a knight, or to Tenants by so And it is to be noted, that all those that hold cage in capite. lands by the tenure of socage in capite, although not by knight's service, cannot alien without licence, and they are to sue livery, and pay primer seisin, but not to be in ward for body or land. How manors were at first created. stitutions of te manor. Knight's ser vice tenure reserved to common per sons. By example and resemblance of the King's policy in these institutions of tenures, the great men and Manors created gentlemen of this realm did the like so near as they by great men in imitation of the Could; as for example, when the King had given to King in the in-any of them two thousand acres of land, this party nures. A ma-purposing in this place to make a dwelling, or, as nere, the word the old word is, his mansion-house, or his manorhouse, did devise how he might make his land a complete habitation to supply him with all manner of necessaries; and for that purpose, he would give of the uttermost parts of those two thousand acres, 100 or 200 acres, or more or less, as he should think meet, to one of his most trusty servants, with some reservation of rent, to find a horse for the wars, and go with him when he went with the King to the wars, adding vow of homage, and the oath of *fealty, wardship, marriage, and relief. This relief is to pay five pound for every knight's fee, or after that rate for more or less at the entrance of every heir; which tenant so created, and placed, was and is to this day called a tenant by knight's service, and not by Relief is 51, to be paid by every tenant by Knight's service to his lord, etc. Knight's service tenure created by the lord, is not a tenure by knight's service of the person of the lord, but of his manor. reserved by the his own person, but of his manors; of these he might make as many as he would. Then this lord Socage tenure would provide that the land which he was to keep lord. for his own use should be ploughed, and his harvest brought home, his house repaired, his park paled, and the like: and for that end he would give some lesser parcels to sundry others, of twenty, thirty, forty, or fifty acres: reserving the service of ploughing a certain quantity, or so many days of his land, and certain harvest works or days in the harvest to labour, or to repair the house, park-pale, or otherwise, or to give him for his provision, capons, hens, pepper, cummin, roses, gilliflowers, spurs, gloves, or the like: or to pay to him a certain rent, and to be sworn to be his faithful tenant, which tenure was called a socage tenure, and is so to this day; howbeit most of the ploughing and harvest service are turned into money rents. on the dying of *The tenants in socage at the death of every Relief of tenant tenant were to pay relief, which was not as knight's in socage, one service is, five pound a knight's fee: but it was, and no wardship, or so is still, one year's rent of the land; and no ward- other profit upship or other profit to the lord. The remainder of the tenant. the two thousand acres he kept to himself, which he used to manure by his bondmen, and appointed them at the courts of his manor how they should hold it, making an entry of it into the roll of the remembrances of the acts of his court, yet still in the lord's power to take it away; and therefore they were called tenants at will, by copy of court-roll; being Villenage or te in truth bondmen at the beginning: but having ob-nure by copy of tained freedom of their persons, and gained a custom by use of occupying their lands, they now are called copy-holders, and are so privileged that the lord cannot put them out, and all through custom. Some copyholders are for lives, one, two, or three successively; and some inheritances from heir to heir by custom; and custom ruleth these estates * All money and lords of their tenants. escuage money is likewise due unto the court-roll. |