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TENURE

Volume 3 · 358 words · 1771 Edition

in law, signifies the manner whereby lands or tenements are held, or the service that the tenant owes to his lord. It likewise denotes the estate in the land. In England, tenures were anciently divided into the following escuage; that is, land held by the service of the shield, and thereby the tenant was, at his own expense, obliged to follow his lord into the wars, Knight's service and chivalry; when lands were held of the king, or mesne-lord, to perform service in war. Burgage tenure; land held of the lord of the burrow, at a certain rent. Villenage, otherwise termed base-tenure; whereby the tenant was bound to do all inferior services, commanded by the lord. Grand serjeanty; lands held by honorary services at the king's coronation. Petit serjeanty; lands held of the king, to contribute yearly some small thing towards his wars. Frankalmoine; that tenure by which lands were held by ecclesiastics, in free and perpetual alms. Socage tenure; where lands are held by tenants, to plow their lord's lands, and perform every office of husbandry, at their own expense. But all these ancient tenures and services are in general taken away, and reduced into common and free socage. The usual tenures at present are, fee simple; which is an absolute tenure of lands to a man and his heirs for ever. Fee tail; a limited fee, to a person and the heirs of his body begotten. Curtesy tenure; where a man having married a woman seised in fee, &c. has issue born alive by her, in which case, after her death, the husband is tenant by the curtesy of England. Tenure in dower; is where a widow holds, for her life, a third part of her husband's land, whereof he was seised in fee at any time during the coverture. There is also a tenure for life, or years, when lands are held for those terms on reserved rents. Copy-hold tenure, is a holding for lives, or in fee, at the will of the lord, according to the custom of the manor. For the several kinds of tenure or holding in Scotland, see Law, Tit. xii.