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He took care that all socage service should be duly rendered, or that money, which went towards paying for tools and materials, should be paid in lieu of it.
It enacts: "That the Court of Ward and Liveries, primer seizin, etc., and all fines for alienation, tenures by knight's service, and tenures in capite, be done away with and turned into fee and common socage, and discharged of homage, escuage, aids, and reliefs. All future tenures created by the king to be in free and common socage, reserving rents to the Crown and also fines on alienation.
He had, however, subsequently reversed the act and had restored the lands, whose tenure had been thus altered, to their original condition of rent-paying estate or "socage."
The result was that all lands previously held en fief, en arrière fief, en censive, or en roture, under the old French system, were henceforth placed on the footing of lands in the other provinces, that is to say, free and common socage. The seigniors received liberal remuneration for the abolition of the lods et ventes, droit de banalité, and other rights declared legal by the court.
The Crown gave up all taxation except commercial duties, which were to be applied solely for the benefit of the provinces. Lands outside the seigneuries were to be in free and common socage, while seigneurial tenure itself could be converted into freehold on petition. One-seventh of the Crown lands was reserved for the endowment of the Church of England.
The old charters of the original States creating tenures in free and common socage are, of course, obsolete. Everybody is a freeholder, and the States are not, still less the Federal government, a feudal over-lord.
The British would hear of nothing but free and common socage. French farms were measured by the arpent and were staked out in long and narrow oblongs. British farms were measured by the acre and staked out 'on the square. Language, laws, religion, manners and customs, ways of life, were also different. So there was hardly any intermixture of settlements.
Some grants were also given in franc aleu roturier, equivalent to the English tenure of free and common socage, and were generally made for special objects. The seigneur, on his accession to the estate, was required to pay homage to the king, or to his feudal superior from whom he derived his lands.
Baltimore by his charter was made even more independent of the king of England than the bishop, for neither he nor his province had any taxes to pay into the British treasury, and he held his territory in free and common socage by the delivery of two Indian arrows yearly at the palace of Windsor and a promise of the fifth part of all gold and silver mined.
That the master receives goods generally, citing Southcote's Case, and that in "only guardian in socage who hath the custody by law, who factor who is servant at the master's dispose, and so cannot take care, are exempt." 2. That the master has a reward for his keeping, and is therefore a proper person to be sued. 3.
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