226 THE USE OF THE LAW. 



pales, castles, and the like. And sometimes to a yearly 

 provision of gloves, spurs, hawks, horses, hounds, and the 

 like ; which kind of reservations are called also tenures 

 in chief, or in capite of the king, but they are not by 

 knight s service, because they required no personal service, 

 but such things as the tenants may hire another to do, 

 or provide for his money. And this tenure is called a 

 The institution tenure by soccage in capite, the word socagium signifying 

 of soccage in the plough; howbeit, in this latter time, the service of 

 Knowtumed* ploughing the land is turned into money rent, and so of 

 into money harvest works, for that the kings do not keep their de- 

 rents, mesne in their own hands as they were wont to do; yet 

 what lands were de antiquo dominico corona/it well appeareth 

 in the records of the Exchequer, called the Book of Dooms 

 day. And the tenants by ancient demesne have many im 

 munities and privileges at this day, that in ancient times 

 were granted unto those tenants by the crown, the particu 

 lars whereof are too long to set down. 



These tenures in capite, as well that by soccage as the 

 others by knight s service, have this property, that the 

 tenants cannot alien their lands without license of the 

 king; if he do, the king is to have a fine for the contempt, 

 and may seize the land, and retain it until the fine be paid. 



And the reason is, because the king would have a liberty 

 Office oi ahena- , -, , r -, .-, i i i 



tion&amp;lt; m the choice of his tenant, so that no man should presume 



A license of to enter into those lands, and hold them (for which the king 

 alienation is the was to have those special services done him) without the 



third part of one kin , j Thig j^ and fi it j digested, 



year s value of . , 



the land mode- 1S eas y an d of course. 



rately rated. There is an office called the office of alienation, where 

 Aid a sum of any man may have a license at a reasonable rate, that is, 



l^e^cord- at the third P art of one y ear s value of the land moderately 

 ing to the pro- rated. A tenant in cap. by knight s service or grand ser- 

 portionofthe jeanty, was restrained by ancient statute, that he should 

 Every tenant by no * &amp;gt;* ve nor a li en away more of his lands, than that with 

 knight s service the rest he might be able to do the service due to the king ; 



in capite, had to and this is HOW Out of US6. 



make the king s A ^ t ^ tenure by knight s service in chief was inci- 



eluest son a. 11- 1111 / 



knight, or to dent, that the king should have a certain sum ot money, 



marry his eldest called aid, due to be ratably levied amongst all those te- 

 daughter. nan t s proportionably to his lands, to make his eldest son a 

 &quot;T knight, or to marry his eldest daughter. 

 must sue livery And it is to be noted, that all those that hold lands by 

 and pay primer the tenure of soccage in capite (although not by knight s 

 to be iifwardfor serv i ce ) cannot alien without license ; and they are to sue 



body or land. 



