SOCAGE, in its most general and extensive signification, seems to denote a tenure by any certain and determinate service. And in this sense it is by our ancient writers constantly put in opposition to chivalry or knight-service, where the render was precarious and uncertain. The service must therefore be certain, in order to denominate it focage; as to hold by fealty and 20s. rent; or, by homage, fealty, and 20s. rent; or, by homage and fealty without rent; or, by fealty and certain corporal service, as ploughing the lord's land for three days; or, by fealty only without any other service: for all these are tenures in focage.
Socage is of two sorts: free-focage, where the services are not only certain but honourable; and villain-focage, where the services, though certain, are of a baser nature (see VILLENAGE). Such as hold by the former tenure are called, in Glanvil and other subsequent authors, by the name of liberi socemanni, or tenants in free-focage. The word is derived from the Saxon appellation soe, which signifies liberty or privilege; and, being joined to an usual termination, is called focage, in Latin focagium; signifying thereby a free or privileged tenure.
It seems probable that the focage-tenures were the relics of Saxon liberty; retained by such persons as had neither forfeited them to the king, nor been obliged to exchange their tenure for the more honourable, as it was called, but at the same time more burthensome, te-
nure of knight-service. This is peculiarly remarkable in the tenure which prevails in Kent, called gavelkind, which is generally acknowledged to be a species of focage-tenure; the preservation whereof inviolate from the innovations of the Norman conqueror is a fact universally known. And those who thus preserved their liberties were said to hold in free and common focage.
As therefore the grand criterion and distinguishing mark of this species of tenure are the having its renders or services ascertained, it will include under it all other methods of holding free lands by certain and invariable rents and duties; and in particular, Peasantry, Tenure in Burgages, and GAVELKIND. See these articles.