{"id":8491,"date":"2017-11-19T05:33:40","date_gmt":"2017-11-19T05:33:40","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8491"},"modified":"2018-06-12T16:56:54","modified_gmt":"2018-06-12T16:56:54","slug":"lay-fee","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8491","title":{"rendered":"lay fee – a fee interest in land held by ordinary feudal tenure, generally for use in agricultural labor, and not for religious purposes"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from\u00a0Property<\/a> >>>>\u00a0Interest<\/a>\u00a0>>>> Estate<\/a>\u00a0>>>> Estates in Land<\/a>\u00a0>>>>Freehold Estate (Interest)<\/a>\u00a0>>>> Fee (Simple Absolute)<\/a>\u00a0>>>> Historical Types of Fee Simple Estates<\/a>:<\/strong><\/span><\/p>\n

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lay fee<\/span>:<\/span><\/strong><\/span>
\n(15c)<\/span><\/span><\/p>\n

1.<\/strong> Hist<\/em>. <\/span>A fee interest in land held by ordinary feudal tenure, such as<\/span> socage<\/span>, rather than by ecclesiastical tenure through frankalmoin.<\/span><\/strong>\u00a0 See FRANKALMOIN;\u00a0<\/span><\/span>SOCAGE. [1]<\/span><\/p>\n

1. A feud or fee held by services which were not religious.<\/strong> [2]<\/span><\/p>\n

socage<\/span>:<\/span><\/strong><\/span>
\n(sok-ij)<\/span><\/span><\/p>\n

1.<\/strong> (14c) Hist<\/em>. <\/span>A type of lay tenure in which a tenant held lands in exchange for providing the lord<\/span> husbandry<\/span>–related (rather than military) service.\u00a0 *\u00a0 Socage, the great residuary tenure, was any free tenure that did not fall within the definition of knight-service, serjeanty, or frankalmoin.\u00a0<\/span><\/strong><\/span><\/p>\n

husbandry<\/span>:<\/span><\/strong>
\n(14c)<\/span><\/p>\n

1. Agriculture or farming; cultivation of the soil for food.\u00a0 *\u00a0 In some states, tools and equipment used in farming are exempt from forced sale for collection of a debt. <\/strong><\/span><\/p>\n

2. Generally, care of a household; careful management of resources.\u00a0<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0J.H. Baker’s\u00a0An Introduction to English\u00a0<\/em><\/a><\/span>Legal History<\/em>\u00a0(3d ed. 1990):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cIf they [the peasant\u2019s duties] were fixed -for instance, helping the lord with sowing or reaping at specified times ~the<\/span><\/strong>\u00a0tenure was usually called socage.\u00a0 This was originally the tenure of socmen<\/em>; but it became . . . a generic term for all free services other than knight-service, serjeanty, or spiritual service.<\/span>\u201d<\/strong> [4]<\/span><\/span><\/p>\n

\n

free socage<\/span>:<\/strong><\/span>
\n(16c)<\/span><\/p>\n

1. Socage in which the services were both certain and honorable.\u00a0 *\u00a0 By the statute 12 Car. 2, ch. 24 (1660)<\/a>, all the tenures by knight-service were, with minor exceptions, converted into free socage.<\/strong> \u2014 aka free and common socage<\/span><\/strong><\/em>; liberum socagium<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Thomas Pitt Taswell-Langmead’s\u00a0English Constitutional History: From the Teutonic Conquest to the Present Time<\/em><\/a>\u00a0(Theodore F.T. Plucknett ed., 11th ed. 1960):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cTenure in free socage (which still subsists under the modern denomination of freehold) denotes, in its most general and extensive signification, a tenure by any certain and determinate but non-military service, as to pay a fixed money rent, or to plough the lord\u2019s land for a fixed number of days in the year. In this sense it is constantly opposed, by our ancient legal writers, to tenure by knight\u2019s service, where the service, though esteemed more honourable, was more onerous. Not being held by military service, socage tenure lacked one of the elements of a fief, but the spirit of feudalism was all-embracing and affected every tenure and every institution. Thus we find that tenure in socage, like that by knight-service, was created by words of pure donation accompanied by livery of seisin, and was liable to the obligation of fealty invariably, sometimes of homage; and was in like manner subject, but in a modified form, to many of the incidents of tenure by knight\u2019s service. Though considered less honourable than the latter, socage was practically much more beneficial, especially in its freedom from the grievous burdens of scutage, feudal wardship and marriage.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

villein socage<\/span>:<\/span><\/strong>
\n(vil-an)
\n(18c)<\/span><\/p>\n

1. Socage in which the services, though certain, were of a baser nature than those provided under free socage.\u00a0<\/span><\/strong><\/p>\n

socager<\/span>:<\/strong><\/span>
\n(sok-ij-ar)
\n(17c)<\/span><\/p>\n

1. A tenant by socage; SOCMAN.\u00a0<\/span><\/strong>[1]<\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]:\u00a0J.H. Baker, An Introduction to English\u00a0<\/em><\/a><\/span>Legal History<\/em> 260 (3d ed. 1990).<\/span><\/strong><\/p>\n

[5]:\u00a0Thomas Pitt Taswell-Langmead, English Constitutional History: From the Teutonic Conquest to the Present\u00a0<\/em><\/a>Time<\/em> 39 (Theodore F.T. Plucknett ed., 11th ed. 1960).<\/span><\/strong><\/p>\n

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