Socage

This word, according to the earlier common-law writers, originally signified a service rendered by a tenant to his lord, by the soke or ploughshare; but rives it from the Saxon word soc, which signifies liberty or privilege, denoting thereby a free or privilege tenure. A species of English tenure, whereby the tenant held his lands of the lord by any certain service in lieu of all other services, so that the service was not a knight's service. Its principal feature was its certainty; as, to hold by fealty and a certain rent, or by fealty homage and a certain rent, or by homage and fealty without rent, or by fealty and certain corporal service, as ploughing the lord's land for a specified number of days. 2 Bl. Comm. 80. The term "socage" was afterwards extended to all services which were not of a military character, provided they were fixed; as, by the annual payment of a rose, a pair of gilt spurs, a certain number of capons, or of so many bushels of com. Of some tenements, the service was to be hangman, or executioner of persons condemned in the lord's court; for in olden times such officers were not volunteers, nor to be hired for lucre, and could only be bound thereto by tenure. There were three different species of these socage tenures, — one in frank tenure, another in ancient tenure, and the third in base tenure. The second and third kinds are_ now called, respectively, "tenure in ancient demesne," and "copyhold tenure." The first is called "free and common socage," to distinguish it from the other two; but, as the term "socage" has long ceased to be applied to the two latter, "socage" and "free and common socage" now mean the same thing. Bracton; Co. Litt. 17, 86. By St. 12 Car. II. c. 24, the ancient tenures by knight's service were abolished, and all lands, with the exception of copyholds and of ecclesiastical lands, which continued to be held in free alms (frankalmoigne), were turned into free and common socage, and the great bulk of real property in England is now held under this ancient tenure. Many grants of land in the United States, made, previous to the Revolution, by the British crown, created the same tenure among us, until they were formally abolished by the legislatures of the different states. In 1787, the state of New "York converted all feudal tenure within its boundaries into a tenure by free and common socage; but in 1830 it abolished this latter tenure, with all its incidents, and declared that from thenceforth all lands in the state should be held upon a uniform allodial tenure, and vested an absolute property in the ovraiers according to their respective estates. Similar provisions have been adopted by other states; and the ownership of land throughout the United States is now essentially free and unrestricted. See "Tenure."

A species of tenure, whereby the tenant held his lands of the lord by any certain service in lieu of all other services, so that the service was not a knight’s service. Its principal feature was its certainty; as, to hold by fealty and a certain rent, or by fealty-homage and a certain rent, or by homage and fealty without rent, or by fealty and * certain corporal service, as ploughing the lord’s land for a specified number of days. 2 Bla. Com. 80. The terra* socage was afterwards extended to all services which were not of a military character, provided they were fixed: as, by the annual payment of a rose, a pair of gilt spurs, a certain number of capons, or of so many bushels of corn. Of some tenements the service was to be hangman, or executioner of persons condemned in the lord’s court; for in olden times such officers were not volunteers, nor to be hired for lucre, and could only be bound thereto by tenure. There w r ere three different species of these socage tenures — one in frank tenure, another in ancient tenure, and the third in base tenure: the second and third kinds are now called, respectively, tenure in ancient demesne, and copyhold tenure. The first is called free and common socage, to distinguish it from the other two; but, as the term socage has long ceased to be applied to the two latter, socage and free and common socage now mean the same thing. Bracton; Co. Litt. 17, 86. Free socage was the tenure by which all freehold lands were held, if they were not held by frankalmoin, knight service or se Tjeanty. Little can be said about the services which were due. Military service or scutage was not due; there was no wardship or marthe tenant by free socage was a dependent tenant, paying rent, or labor services, or both. Tenure by free socage came to embrace, not only the class of well-to-do farmers, but also all the class who hold at a rent. It was the least encumbered of all the tenures with obsolete and oppressive incidents. By the statute of 12 Car. II, c. 24, the ancient tenures by knight’s service were abolished, and all lands, with the exception of copyholds and of ecclesiastical lands, which continued to be held in free alms (frankalmoin), were turned into free and common socage and the great bulk of real property in England is now held under this ancient tenure. Many grants of land in the United States, made, previous to the revolution, by the British Crown, created the same tenure among us, until they were formally abolished by the legislatures of the different states. In 17S7, the state of New York converted all feudal tenures within its boundaries into a tenure by free and common socage; but in 1830 it abolished this latter tenure, with all its incidents, and declared that from thenceforth all lands in the state should be held upon a uniform allodial tenure, and vested an absolute property in the owners according to their respective estates. Similar provisions have been adopted by other states; and the ownership of land throughout the United States is now r essentially free and unrestricted. See Tenure. S0CER (Lat.). The father of one’s wife; a father-in-law.

soccage, Socagium, soccagium, sockagium, sokaginm, I I In English law. A tenure by any certain and determinate service not military. Free socage, the most honorable of this kind of tenure, and the tenure by which land in England is now mainly held, is tenure by free services, not military, as rents, — farm produce or money. Villein socage is tenure by services certain but base.

'' Holding lands in consideration of services certain or definite in nature and amount. The principal kind of title to land recognized by modern English law. 8 In the United States, allodial tenure; which is subject only to ultimate rights in the state — such as eminent domain, and escheat. See Feud.

Socagium, I. Tenure by certain service, not military. Free and common socage: the general, and in modem times almost universal, tenure of English land; by free services, not military, as rents (farm produce or money). Villein socage: tenure by base, but certain, services; v. Tenure.

One of the feudal tenures of land. times on socage service. Knight service required military duty from the tenant, and was very uncertain in its demands and obligations; the tenant must aid the lord, according to the exigencies of his campaigns and military adventures. Socage called upon the tenant for services in husbandry. Those who attach importance to the derivation of words as a leading means of determining their sense differ whether to deduce the word from the French soc, a plough, or the Saxon soc, a privilege; but agree in this, that it called for agricultural services, and so imported a privilege which could not be claimed for knight service, viz. the amount due could be and usually was made certain; the tenant knew how much labor or produce the lord could require from him. In the earliest times, knight service was preferred, and deemed the more honorable; but as the arts of peace grew in esteem, and acquisition of property began to attract men from military glory, the greater certainty of socage tenures gradually gave thera a preference, and knight service declined, while socage gained strength and extension. There were once two kinds of socage: free socage, where the services were not only certain but honorable; and villein socage, or privileged villeinage, where the services, though certain, were of a baser nature. With the decline of villeinage, free socage attained steady preponderance; and at length, by the Stat. 12 Car. II. ch. 24, the ancient tenures by knight service were abolished, and all lands, with the exception of copyholds, and of ecclesiastical lands (which continued to be held in f rankalmoigne), were turned into free and common socage. Under this statute, the great bulk of real property in England continued to be held under this ancient tenure. Historically, then, socage may be said to be a holding of lands in consideration of services which are certain or definite in nature and amount. In another aspect, it may be described as the principal kind of title to lands, recognized by modern English law. The strong general tendency of conory of feudal service altogether, and consider lands as held by allodial tenure; that is, without any duty of service to a superior, and subject only to ultimate rights of the state, such as escheat and eminent domain. Socii mei socius meus socius non est. The partner of my partner is not my partner. A person who is a copartner with one of several members of a different copartnership is not on that account a copartner with all or any other of them. This is a maxim of the civil law, which is also recognized in the common law. A person may become a partner with one individual of a partnership, without being concerned in that partnership. 3 Kent Com. 52, and note.

Engl. law. A tenure of lands by certain inferior services in husbandry, and not knight’s service, in lieu of all other services. Litt. sect. 117.