in its moft general and extensive signification, feems to denote a tenure by any certain and determinate service. And in this fenfe it is by our ancient writers conftantly put in oppofition to chivalry or knight-service, where the render was precarious and uncertain. The fervice muft 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 fervice, as ploughing the lord's land for three days; or, by fealty only without any other fervice: for all these are tenures in focage.
Socage is of two forts: free-focage, where the fervices are not only certain but honourable; and villein-focage, where the fervices, though certain, are of a bafer nature (fee VILLENAGE). Such as hold by the former tenure are called, in Glanvil and other fubfquent authors, by the name of liberi sokemanni, or tenants in free-focage. The word is derived from the Saxon appellation foc, which signifies liberty or privilege; and, being joined to an afual termination, is called focage, in Latin sociagium; signifying thereby a free or privileged tenure.
It feems probable that the focage-tenures were the relics of Saxon liberty; retained by fuch perfon 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 fame time more burthenfome, tenure of knight-service. This is peculiarily remarkable in the tenure which prevails in Kent, called gavelkind, which is generally acknowledged to be a species of focage-tenure; the prefervation whereof inviolate from the innovations of the Norman conqueror is a fact univerfally known. And tho' who thus preferved their liberties were faid to hold in free and common focage.
As therefore the grand criterion and diftinguifhing mark of this species of tenure are the having its renders or fervices ascertained, it will include under it all other methods of holding free lands by certain and invariable rents and duties; and in particular, Petit SERJEANTY, Tenure in BURGAGE, and GAVELKIND. See thefe articles.