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Legal Definitions - free socage

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Definition of free socage

In historical English law, free socage was a type of land tenure where a tenant held land from a lord in exchange for specific, non-military services or a fixed rent. Unlike knight service, which required military duty, free socage involved duties that were certain, often agricultural, or a monetary payment. This form of tenure was considered "free" because the services were clearly defined, not arbitrary, and did not involve the personal servitude associated with unfree tenures. It represented a more stable and less burdensome way to hold land, often involving duties like plowing the lord's fields for a set number of days, providing a certain amount of produce, or simply paying a fixed sum of money annually.

Here are some examples to illustrate free socage:

  • Agricultural Service: Imagine a farmer named John in medieval England who holds a plot of land. His agreement with the local lord requires him to plow a specific ten-acre field belonging to the lord for three days every spring. This is a fixed, non-military service, making his land tenure an example of free socage. John knows exactly what is expected of him, and it doesn't involve military obligations.

  • Monetary Rent: Consider Eleanor, a craftsperson living in a small village. She holds the land her cottage stands on. Her obligation to the local baron is to pay a set amount of silver coins, for instance, five shillings, every Michaelmas (a specific date in the autumn). This fixed annual payment, rather than military service or arbitrary labor, defines her landholding as free socage, providing her with certainty and stability.

  • Specific Produce: Let's say Thomas holds a small orchard. His tenure agreement stipulates that he must provide the lord with two barrels of apples from his harvest each year. This is a specific, non-military, and certain service (providing a fixed quantity of goods), illustrating another form of free socage, as his duties are clearly defined and predictable.

Simple Definition

Free socage was a historical form of land tenure in England where a tenant held land from a lord in exchange for specific, non-military services or fixed payments, rather than military duty. This type of tenure was considered "free" because the services were certain and honorable, granting the tenant secure and inheritable rights to the land.

The difference between ordinary and extraordinary is practice.

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