A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

SOCAGE.

Socage, the legall termination of (agium) in composition signifieth service or duty, as homa∣gium* 1.1 the service of the man, escuagium servitium scuti socagium servitium socae h••••agium: the duty to be paid for a hide or plough-land, and so of cornagium, burgagium, villenagium.

When the Lord infeoffes another of arable land to hold of him in Socage, that is, per servi∣tium socae, as every such tenure at the beginning was, as Littleton saith: the Feoffee ad manutenen∣dum servitium socae, shall have common in the wastes of the Lord for his necessary beasts which dung his Land.

• 1. Because it was tacitely implyed in the feoffment, for the feoffee cannot dung his land without beasts, and they cannot be sustained* 1.2 without pasture, and per consequens the Feoffee shall have (as a thing necessary and incident) Common in the wastes and lands of the Lord.
• 2. For the maintenance▪ and advancement of tillage which is much regarded and favoured in the Law.

Notes

• * 1.1

  Cook on Lit. l. 2. c. 5. sect. 117.
• * 1.2

  Cook ••th Rep. Cir∣ringhams case.