The works of Francis Bacon, lord chancellor of England.

256 THE USE OF THE LAW.
tenantsby and an oath to bind the party to his by soccage in capite, the word socagcumrn The institution
nigt's serce faith and loyalty: that vow was signifying the plough; howbeit, inthis pits.a,e in chat
vow unto loy- llde, thead what
called hiomoge, called homage, the oath fealty. Ho- latter time, the service ofploughing the i is now turned
called hmnage, into money
nod make on.to rents.
oah of s maee is to be done kneeling, holding land is turned into money rent, and so rn
faith, which his hands etween the nees of the of harvest works, for that thle kings do not keep
was called featlte-ne O~ts te
tnym' g lord, saying, in the French tongue, I their demesne in their own hands as they were
I. Homage.
2. Felty. become your man of life and limb, and wont to do; yet what lands were de antiquo domiof earthly honour. Fealty is to take an oath, upon nico corone, it well appeareth in the records of the
a book, that he will be a faithful tenant to the Exchequer, called the Book of Doomsday. And
king, and do his service, and pay his rents accord- the tenants by ancient demesne have many immuing to his tenure. nities and privileges at this day, that in ancient
4. Institution The fourth institution was, that for times were granted unto those tenants by the
was for.....
nionof then g' recognizon- of the king's bounty by crown, the particulars whereof are too lone to set
waso ofo rtne reo'nz at kn'nycon.aeto mt e
king's bounty, every heir succeeding his ancestor in down.
to be paid by
every heir upothose knight's servicelands, the king These tenures in capite, as well that by soccage
ancestor,..hich should havenrimer seisio lands,
is one year's haveprimer sisin of the lands, as the others by knight's service, have this proprofit of the which is one year's profit of the lands, perty, that the tenants cannot alien their latds
latds called
prinser seist. and until this be paid the Iking is to without licence of the king; if he do, the king is
have possession of the land, and then to restore it to have a fine for the contempt, and may seize the
to the heir; which continueth at this day in use, land, and retain it until the fine be paid. And
and is the very cause of suing livery, and that as the reason is, because the king would have a
well where the heir hath been in ward as other- liberty in the choice of his tenant, so Oficeof aliena.
wise. that no man should presume to enter tion.
These beforementioned be the rights of the into those lands, and hold them (for which the
Knight's ser- tenure called knight's service in capite, king was to have those special services.A license of
nice in capite isieaonsth
vice in eapiteis which is as much to say, as tenure de done him) without the king's leave lintion is the
a tenure de per. isna much wtho sa aigs tenue. third part of one
so.a Regis. persona regis, and capita being the This license and fine, as it is now di- year's value of
Tenants by pthe land nmode.
grand serjeanty chiefestted
gerad serjeanty r. chiefest part of the person, it is called gested, is easy and of course. raiely rated.
were to p~ay re.~
gieof ery f i a tenure in capite, or in chief. And it There is an office called the office of alienation,
heir, whh wasl is also to be noted, that as this tenure where any man may have a license at Aid asam f
one year',s va lue Ai r smo
of tle land so in capite by knight's service generally a reasonable rate, that is, at the third moeiy ratenbly
held, ultca Re- levied accondpri.... ing to the pro
Grand ser- was a great safety to the crown, so also part of one year's value of the land mo- polon tof the
je...ty. lns
Petty serjeanty. the conqueror instituted other tenures derately rated. A tenant in cap. by lands.
in capita necessary to his estate; as, knight's service or grand serjeanty, was restrained
namely, he gave divers lands to be holden of him by ancient statute, that he should not give nor
by some special service about his person, or by alien away more of his lands, than that with the
bearing some special office in his house, or in the rest he might be able to do the service due to the
field, which have knight's service and more in king; and this is now out of use.
therm, and these he called tenures by grand ser- And to this tenure by knight's ser- veryt.enantby
jeanty. Also he provided, upon the first gift of vice in chief was incident, that the king knigh'as se, ice
8 in eapi te, had lo
lands, to have revenues by continual service of should have a certain sum of money, makethesking's
eldest son a
ploughing his land, repairing his houses, parks, called aid, due to be rateably levied kng!toer to.. ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~marry his el.,est
lpales, castles, and the like. And sometimes to a amongst all those tenants proportion- daughter.
yearly provision of gloves, spurs, hawks, horses, ably to his lands, to make his eldest son a knignt,
hounds, and the like; which kind of reservations or to marry his eldest daughter.
are called also tenures in chief, or in capite of the And it is to be noted, that all those Tenants hys.
Iking, but they are not by knight's service, because that hold lands by the tenure of soc- cutage in cpite
m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ms u livery
they required no personal service, but such things cage in capite (although not by niod pay p rin..
seisin, and not
as the tenants may hire another to do, or provide knight's service) cannot alien without to hbe i..wa.
fnr hodynorland.
for his money. And this tenure is called a tenure license; and they are to sue, livery,
and pay primer seisin, but not to be in ward for
Aid money to malte the king's eldest son a knight, or to body or land.
marry his eldestdaughter, is likewise due tohis majesty from By example and resemblance of the
every one of his tenants in knight's service, that hold by a king's policy in these institutions of manrs
whole fee, twenty shillings, and from every tenant insoccage c s u werdeat
king's polticreanthed.isiutoso wmnr
if his land be worth twenty pounds per annum, twenty shil- tenures, the great men and gentlemen ce
linos, vide N. 3. fol. 82. of this realm did the like so near as they could:
f Escuage was likewise due unto the king front his tenant as for example, when the king had, ce
oy irnight's service; when his majesty made a voyage royal reate
to war against another nation, those of his tenants that did given to any of them two thousand y greIat men in
not attend him there for forty days, with horse and furniture acres of land, this party purposing in policy nf the
king in the infic for service, were to be assessed in a certain sum by act of this place to mae his dwelling, or, a ins of tparliament, to be paid unto his majesty; which assessment hiures. a mais called enuage. the old word is, his mansion house, or noe, e anor.