Tenure

I. Allodial tenure is not properly tenure at all, being absolute ownership, as distinct from (II.) Feudal tenure; where lands were held of some superior lotd by services or rent; V. Feudum, Fee. Tenure differs, — A. According to the nature of the service.

1.

Frank tenure or Freehold: by free services. This includes (a.) Knight-service, (b.) socage, (c.) spiritual, service, (a.) Knight-service, military tenure, tenure in chivalry, comprises knight-service proper, where lands were held by the service of attending the lord in war, furnishing armed men, horses, etc., or paying esctiage in commutation therefor; grand ser jeanty, a tenure of the Crown, by performing some special or personal service, which was not considered base because rendered to the King; and cornage, a kind of grand serjeanty, by winding a horn at the approach of the Scots or other enemies. All these tenures were abolished by the 12 Car. II. c. 34. (b.) Socage, service of the plough, comprising Free and common socage, by fixed, free agricultural services; usually rent, either in farm-produce or money; petty serjeanty, which was a socage tenure held of the Crown, by some small annual rent or render; burgage, a socage tenure in old boroughs, affected by local customs. In socage tenures the lands anciently descended to all the sons in common, which custom persisted in Kent; whence the Kentish socage tenure is called Gavelkind, (c.) Spiritual service; which included Frankalmoign and Divine service; v. Franhalmoign.

2.

Base tenure or Vi Uenage; which was either pure or privileged according as the services, though base, were certain or uncertain. This only survived in copyhold tenures; v. Copyl Md, Cnstomary freehold. Ancient demesne. B. According to the lord of whom the land is held; as (a.) in capite, of the King, either ut de corona (as of the Crown) or wt de honore, in virtue of some honor, dignity, or manor of which the King was proprietor; (b.) of a mesne lord, the origin of one variety of base fee; (c.) of the lord of a manor, copyhold. C. According to the duration of the interest v. Estate, Tenant.