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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 26   View pdf image (33K)
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26 LAND-HOLDER'S ASSISTANT.

with the subject of our enquiry, and will in their proper
places receive due notice. To close our explanation of
socage tenure, it is to be observed that this is deemed to include
under it all other methods of holding free lands by certain
and invariable rents and duties: ¾Among these is Petit
Sergeanty, which, as defined by Littleton, " consists in
" holding lands of the King by the service of rendering to him
" annually some small implement of war, as a bow, a sword,
" a lance, an arrow, or the like." It is possibly under this
custom that Lord Baltimore was bound in acknowledgement
for his grant of Maryland to deliver annually at the King's
Castle of Windsor " two Indian arrows of those parts."
Services and rents are very much confounded with each
other in all accounts of feudal customs, but as Lord
Baltimore held by fealty in lieu of other services, and as the
payment of two arrows is not a personal service, the render or
"yielding" of those implements ought probably to be
considered as an annual rent. In like manner, the Proprietary,
instead of a rent of real or adequate value, frequently
subjected his tenants only to the annual render of some
unimportant article, as, a bushel of corn, a capon, an Indian arrow,
a buck's foot, &c. This was, in both cases, holding by
fealty and a fixed rent, which is among the most (a) usual of
tenures in socage: In regard to the obligation of fealty,
which signifies allegiance and fidelity to the Lord or grantor,
it is to be observed that, according to a fundamental doctrine
of the feudal Law, this supposes protection on his part, and
on the same ground of reciprocal Justice the Lord could not
alienate his signory, and transfer to another the services due
from his tenants, without their consent; but, according to
the ordinary course of things between the strong and the weak
this restraint was not so effectual or permanent upon the Lords
as were theirs upon their tenants. I have here given, as I
presume an explanation of tenures sufficient for the end in
view, which is to satisfy the curiosity, and in some small
degree to enlighten the ideas of those landholders who are not
in the way of learning from full and formal treatises the
meaning of those terms which express the original tenure of
their estates. The Gentlemen of the Law will readily
conceive that I have not intended to instruct them and will view
this attempt, in which a want of entire accuracy would be of
little consequence, with indulgence.

    I proceed now to what concerns the erection of Manors,
for which purpose power was given to Lord Baltimore by the
19th article of the Charter which runs as follows.

    (a) Others are by homage fealty, and rent;¾by homage and fealty
without rent;
¾by fealty and certain corporal service; and by fealty only
without any other service.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 26   View pdf image (33K)
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