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Socage () was one of the
feudal duties Feudal duties were the set of reciprocal financial, military and legal obligations among the warrior nobility in a feudal system. Translated into English by Philip Grierson as ''Feudalism'', 1st ed., London, 1952. These duties developed in bot ...
and land tenure forms in the
English feudal system Feudalism as practiced in the Kingdom of England during the medieval period was a system of political, military, and socio-economic organization based on land tenure. Designed to consolidate power and direct the wealth of the land to the king wh ...
. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in exchange for clearly defined, fixed payments made at specified intervals to feudal lords. In turn, the lord was obligated to provide certain services, such as protection, to the
farmer A farmer is a person engaged in agriculture, raising living organisms for food or raw materials. The term usually applies to people who do some combination of raising field crops, orchards, vineyards, poultry, or other livestock. A farmer ...
and other duties to the
Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, parti ...
. Payments usually took the form of cash, but occasionally could be made with goods. Socage contrasted with other forms of tenure, including
serjeanty Under feudalism in France and England during the Middle Ages, tenure by serjeanty () was a form of tenure in return for a specified duty other than standard knight-service. Etymology The word comes from the French noun , itself from the Latin ...
,
frankalmoin Frank almoin, frankalmoign or frankalmoigne () was one of the feudal land tenures in feudal England whereby an ecclesiastical body held land free of military service such as knight service or other secular or religious service (but sometimes in ...
and
knight-service Knight-service was a form of feudal land tenure under which a knight held a fief or estate of land termed a knight's fee (''fee'' being synonymous with ''fief'') from an overlord conditional on him as a tenant performing military service for his ...
. The
English English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish ter ...
statute ''
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudati ...
'' of
Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 125 ...
(1290) established that socage tenure which passed from one generation or nominee to the next would be subject to
inquisitions post mortem An Inquisition post mortem (abbreviated to Inq.p.m. or i.p.m., and formerly known as an escheat) (Latin, meaning "(inquisition) after death") is an English medieval or early modern record of the death, estate and heir of one of the king's tenants-i ...
, which would usually involve a
feudal relief {{Short description, Form of taxation under feudalism Feudal relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to license him to take possession of his fief, i.e. an estate-in-land, by inheritance ...
tax. This contrasts with the treatment of
leases A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the Lessor (leasing), ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are l ...
, which could be lifelong or readily subject to forfeiture and rent increase. As feudalism declined, the prevalence of socage tenure increased until it became the normal form of tenure in the
Kingdom of England The Kingdom of England was a sovereign state on the island of Great Britain from the late 9th century, when it was unified from various Heptarchy, Anglo-Saxon kingdoms, until 1 May 1707, when it united with Kingdom of Scotland, Scotland to f ...
. In 1660, the
Statute of Tenures The Tenures Abolition Act 1660 ( 12 Cha. 2. c. 24), sometimes known as the Statute of Tenures, was an act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the act was '' ...
ended the practice of estates requiring owners to provide military or religious service, and most
freehold Freehold may refer to: In real estate *Freehold (law), the tenure of property in fee simple * Customary freehold, a form of feudal tenure of land in England *Parson's freehold, where a Church of England rector or vicar of holds title to benefice ...
tenures and other were converted into "free and common socage". The holder of a ''soc'' or socage tenure was referred to as a ''socager'' (Anglo-Norman) or S''ocman'' (Anglo-Saxon, also spelt ''sochman'', from the legal concept of a soke, from the verb 'to seek'). In German-speaking Europe, the broad equivalent was a ''
Dienstmann A ''Dienstmann'' (plural: ''Dienstleute'', or, in Austria, ''Dienstmänner'', ) was a medieval retainer or vassal and, later, a hired man, in German-speaking countries, particularly in Austria until the first half of the 20th century. Usage ...
''. The etymology of ''socage'' according to
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...
is the old Latin word for a plough.


See also

*
Soke (legal) __NOTOC__ The term ''soke'' (; in Old English: ', connected ultimately with ', "to seek"), at the time of the Norman conquest of England, generally denoted "jurisdiction", but its vague usage makes it lack a single, precise definition. Anglo-Saxo ...
*''
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudati ...
'' *
Statute of Tenures The Tenures Abolition Act 1660 ( 12 Cha. 2. c. 24), sometimes known as the Statute of Tenures, was an act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the act was '' ...
(
legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
owners) *
Computo In archaic law, a computo was a writ, thus called from its effect, which was to compel a person to yield his accounts. It was made and enforceable against the following persons: *executors of executors *the guardian in socage, for waste Was ...
*
Corvée Corvée () is a form of unpaid forced labour that is intermittent in nature, lasting for limited periods of time, typically only a certain number of days' work each year. Statute labour is a corvée imposed by a state (polity), state for the ...
*
History of English land law The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of sub-Roman Britain, post-Roman chieftains and Anglo-Saxon royal genealogies, Anglo-Saxon monarchs, land was the ...


References


External links

*{{Cite EB1911 , last=Vinogradoff , first=Paul , authorlink=Paul Vinogradoff , wstitle=Socage , short=x Soccage in Lower Canada
An act to explain and amend the laws relating to lands holden in free and common soccage in the province of Lower Canada
Feudal duties Legal history of England Medieval English law Land tenure Feudalism