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Some was held in what was called free socage, the terms of which varied; but its distinguishing feature seems to have been that the service, which was not military, was fixed, and that when it was performed the lord had no further hold on the tenant.
If any served the king in a military command, his land may be said to have been in some sort held by knight-service. If the tenant was in an office about the king's person, this gave rise to sergeantry; the persons who cultivated his lands may be considered as holding by socage.
The king shall not claim the wardship of any minor who holds lands by military tenure of a baron, on pretence that he also holds lands of the crown by socage or any other tenure.
On the other hand, it is urged by the advocates of the Company, that some valuable portions of the territory are the property of that body in its commercial capacity; that Calcutta, for example, is the private estate of the Company; that the Company holds the island of Bombay, in free and common socage, as of the Manor of East Greenwich. I will not pronounce any opinion on these points.
An old French customary, in a MS. treating upon the antiquity of tenures, says: "The first English king divided the land into four parts. He gave one part to the ARCH FLAMENS to pray for him and his posterity. A second part he gave to the earls and nobility, to do him knight's service. A third part he divided among husbandmen, to hold of him in socage.
The people were to become their own lords paramount of all socage lands. Quit-rents were to be converted into bank accounts. The individual title derived from the National Government involves all the elements necessary for a transfer of the soil.
Above all, the owner of the soil could still hold his head high as the veritable Socman of Minstead that is, as holding the land in free socage, with no feudal superior, and answerable to no man lower than the king. Knowing this, Alleyne felt some little glow of worldly pride as he looked for the first time upon the land with which so many generations of his ancestors had been associated.
Persons holding lands of the king by knight's service but not in chief, or so holding of the king and others, and also holding socage lands, may in like manner devise two thirds of the former and the whole of the latter, saving to the king the wardship of the third part, and also to the lords; and the king or the other lords were empowered to seize the one third part in case of any deficiency."
In the newly-elected second chamber, the opposition, at whose head stood the celebrated poet, Uhland, brought forward numerous propositions for reform, but remained in the minority, and it was not until the new diet, held in 1836, that the aristocratic first chamber was induced to diminish socage service and other feudal dues twenty-two and one-half per cent in amount.
No alcalde could now possibly undertake what Peñaranda accomplished. The money paid in lieu of socage service, which ought to be applied to the wants of the province in which the socage is due, is forwarded to Manila.
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