TENURE (OF., Fr. tenure, from Lat. tenure, to hold, retain). The manner in which a person holds or owns real property. The word implies something less than an absolute and unqualified ownership. Before the development of the feudal system, an individual could own a piece of land absolutely. and such allegiance as he might owe to a superior power was a personal matter. How ever, at the very basis of the feudal system were the ideas of protection and service, of the do minion of the King and the dependence and sub ordination of the subject. Out of these ideas originated the feudal doctrine that the King should own all the land, and that his subjects were only entitled to hold such portions of it as he might parcel out to them, and on such con ditions as he might impose. The Anglo-Saxons held their lands allodially, that is, by absolute and unqualified ownership; but when the Con queror assumed the throne he parceled out the country among his followers as if it were his private estate, and introduced the intricate feudal tenures which had grown up on the Continent. See FEunAuslm.
With respect to their character and dignity, tenures under the feudal system in England may be classified as free and base or non-froe tenures.
The most common of the free tenures was that by knight's service, which involved allegiance, military service, and other duties to the King or over-lonl. This tenure was created by a solemn ceremony, in which the prospective tenant was said to pay homage to his lord, who thereby be came bound to protect him in exchange for his promises of service and fealty. The chief service was performed by actual military duty when necessary. although at a later period a practice of making payments or sending substitutes, in stead of the personal service, was sanctioned. Other heavy burdens incident to this tenure were known as reliefs, aids, irardships, and marriage (qq.v.), which yielded a large revenue to the great men of the realm.
Less common, but of greater dignity, was the tenure by grand sergcanty, which involved some personal service to the King, usually something other than military duty, as to be his cup-bearer, chief justice, standard-bearer, etc. Petty ser geant!, did not usually involve personal service, but some tribute, such as rendering to the King annually a weapon, or a pair of spurs. See GRAND SERGEANTY.
Lands were frequently conveyed to the clergy on condition that they sing masses for the souls of the poor or distribute alms at certain in tervals. This was known as tenure by frankal
moign or 'free alms.' in 'early times such land also remained subject to the burdens of feudal tenure.
As the rigor of the feudal system relaxed ten ure by socage became the common and popular manner of holding land. See SOCAGE.
Gavelkind, borough. Dullish. and burgagr ten ures were merely forms of soeage tenure, changed somewhat by local custom. The Statute of 1\lili tary Tenures in 1640 converted the military ten ures into free and common soeage.
During the Norman era there existed in Eng land a large class of people known as villeins, who were practically serfs. and were generally attached to the land. They were given small plots to cultivate, and were required to perform the most menial services for the lord at his will. This was known as the tenure of villeinage, and was a base o• non-free tenure. It became the cus tom, however, to note the succession of a son to his father, and the character of services per formed by the latter, on the rolls or records of the Court Baron of the manor. By this custom the services required of villeins in each manor assumed a more certain and definite character, and they were said to hold by virtue of a 'copy of the rolls of the court.' At a later period the pay ment of rent in some form was substituted for menial services, and the copyhold tenant, as lie came to be called, became a respectable member of the community. Many copyhold tenures still prevail, and the old practice of resorting to the 'custom of the manor' to ascertain their character or incidents still obtains.
In the United States most of the lands origi nally granted by the Crown and proprietors of 'plantations' were held in free and common s.ocage, and a modified form of this tenure still obtains in a few States. In most of the Slates, however, all feudal tenures have been abolished and lands are held allodially, that is, absolutely and subject only to the right of eminent domain in the State. See Blackstone and Kent, Com mentaries; Pollock and Maitland. History of the English Law (2d ed., Boston and London, 1899) ; Eneyeloptrdia of the Laws of England (London. 1897-98) ; Degby, History of the Law of Real Property (2d ed., Oxford, 1884) ; Williams. Real Property (19th cd., London, 1902).