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age. In the second place, if we turn to the true derivation, we come to much the same result; socage is at starting the tenure of those sokemen of whom we read in Domesday book; socage is an abstract term which describes their condition. Gradually it has been extended and therefore attenuated until it is capable of expressing none but negative characteristics-socage is a tenure which is not spiritual, not military, not serviential. No similar extension has been given to the word sokeman; in the thirteenth century many persons hold in socage who would be insulted were they called sokemen; for the sokemen are a humble, though it may be a well-to-do class.

That they have been a numerous class we may gather as from other evidence so from this, that socage becomes the one great standing contrast to military tenure, and as the oppressive incidents of military tenure are developed, every man who would free his holding from the burdens of wardship and marriage is anxious to prove that he holds in socage. To gain this end he is full willing to sink somewhat of dignity; he will gladly hold by the peasant's tenure when the most distinctive marks of that tenure are immunities-no scutage, no wardship, no marriage.

CHAPTER II.

INCIDENTS OF FEUDAL TENURE.

STAT. I HEN. I., cc. 3, 4 (1100). If any of my barons or other men wishes to give his daughter, or sister, or niece, or cousin in marriage, let him speak with me; but I will neither take anything of his for the license, nor will I forbid him to give her away, unless it be to an enemy of mine. And if on the death of one of my barons or other men he leaves a daughter as heir, I will give her with her land by the counsel of my barons. If he leaves a widow, who is without children, she shall have her dower and marriage portion, and I will not give her in marriage against her will. If she has children, she shall have her dower and marriage portion while she remains chaste, and I will not give her unless with her consent. And the wife or some other relative who has the best claim shall be guardian of the land and of the children. And I bid my barons keep within the same bounds as regards the sons, daughters and wives of their men.

MAGNA CARTA (1215), c. 2. If any of our earls or barons, or any other which hold of us in chief by knight's service, die, and at the time of his death his heir be of full age, and oweth to us relief, he shall have his inheritance by the old relief; that is to say, the heir or heirs of an earl, for a whole earldom, by one hundred pounds; the heir or heirs of a baron, for a whole barony, by one hundred marks; the heir or heirs of a knight for one whole knight's fee, one hundred shillings at the most; and he that hath less shall give less, according to the old custom of the fees.

c. 3. But if the heir of any such be within age, his lord

shall not have the ward of him, nor of his land, before that he hath taken of him homage; and after that such an heir hath been in ward, when he is come to full age, that is to say, to the age of one and twenty years, he shall have his inheritance without relief and without fine; so that, if such an heir, being within age, he made knight, yet, nevertheless, his land shall remain in the keeping of his lord unto the term aforesaid.

c. 6. Heirs shall be married without disparagement.

c. 15. We will not give leave to any one, for the future, to take an aid of his own freemen, except for redeeming his own body, and for making his eldest son a knight, and for marrying once his eldest daughter; and not that unless it be a reasonable aid.

c. 39 (1217). No freeman from henceforth shall give or sell any more of his land but so that of the residue of the lands the lord of the fee may have the service due to him which belongeth to the fee.

MAGNA CARTA (1225), c. 7, § 6. No widow shall be distrained to marry herself; nevertheless she shall find surety that she shall not marry without our license and assent (if she hold of us), nor without the assent of the lord, if she hold of another.

STAT. MERTON (20 HEN. III. 1235), c. 7. If an heir, of what age soever he be, will not marry at the request of his lord, he shall not be compelled thereunto; but when he cometh to full age he shall give to his lord and pay him as much as any would have given him for the marriage, before the receipt of his land, and that whether he will marry himself, or not; for the marriage of him that is within age of mere right pertaineth to the lord of the fee.

STAT. WESTM. I. (3 Edw. I. 1275), c. 36. Forasmuch as before this time reasonable aid to make one's son knight, or marry his daughter was never put in certain, nor how

much should be taken, nor at what time, whereby some levied unreasonable aid, and more often than seemed necessary, whereby the people were sore grieved: it is provided that from henceforth of an whole knight's fee there be taken but 20s., and of 20 pound land holden in socage 20s., and of more, more, and of less, less; after the rate. And that none shall levy such aid to make his son knight until his son be fifteen years of age; nor to marry his daughter until she be of the age of seven years. And of that there shall be made mention in the king's writ, formed on the same, when any will demand it. And if it happen that the father, after he hath levied such aid of his tenants, die before he hath married his daughter, the executors of the father shall be bound to the daughter for so much as the father received for the aid. And if the father's goods be not sufficient, his heir shall be charged therewith unto the daughter.

STAT. 1. EDW. III. ST. 2 (1326), c. 12. Whereas, divers people of the realm complain themselves to be grieved, because that lands and tenements which be holden of the king in chief, and aliened without license, have been seized heretofore into the king's lands, and holden as forfeit; the king shall not hold them as forfeit in such case, but will and grant from henceforth, of such lands and tenements so aliened, there shall be reasonable fine taken in the Chancery, by due process.

LIT., 85. Homage is the most honorable service, and most humble service of reverence, that a frank tenant may do to his lord. For when the tenant shall make homage to his lord, he shall be ungirt, and his head uncovered, and his lord shall sit, and the tenant shal kneele before him on both his knees, and hold his hands joyntly together betweene the hands of his lord, and shall say thus: I become your man from this day forward of life and limbe, and of earthly worship, and unto you shall be true and faithfull, and beare to you faith for the tenements that I claime to hold of you,

saving the faith that I owe unto our soveraigne lord the king; and then the lord so sitting shall kisse him.

$91. Fealty is the same that fidelitas is in Latine. And when a freeholder doth fealty to his lord, he shal hold his right hand upon a booke, and shall say thus: Know ye this, my lord, that I shall be faithfull and true unto you, and faith to you shall beare for the lands which I claime to hold of you, and that I shall lawfully doe to you the customes and services which I ought to do, at the termes assigned, so help me God and his Saints; and he shall kisse the book. But he shall not kneele when he maketh his fealty, ror shall make such humble reverence as is aforesaid in homage.

$103. Tenure by homage, fealty and escuage is to hold by knight's service, and it draweth to it ward, mariage and reliefe. For when such tenant dyeth, and his heire male bee within the age of 21 yeares, the lord shall have the land holden of him until the age of the heire of 21 yeares; the which is called full age, because such heire, by intendment of the law, is not able to doe such knights service before his age of 21 yeares. And also if such heire be not maried at the time of the death of his ancestor, then the lord shall have the wardship and mariage of him. But if such tenant dieth, his heire female being of the age of 14 yeares or more, then the lord shall not have the wardship of the land, nor of the bodie; because that a woman of such age may have a husband able to doe knights service. But if such heire female be within the age of 14 yeares, and unmaried at the time of the death of her ancestor, the lord shal have the wardship of the land holden of him until the age of such heire female of 16 yeares; for it is given by the statute of W. 1, cap. 22, that by the space of two yeares next ensuing the sayd 14 yeares, the lord may tender convenable mariage without disparagement to such heir female. And if the lord within the said two yeares do not tender such mariage, &c., then she at the end of the said 2 yeares may enter, and put out her lord. But if such heire female be

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