Bracton: Thorne Edition: English. Volume 2, Page 114

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 114

Next

Go to Volume: Page:

[001] king, for the king's host, for the defence of the realm and the casting down of
[002] enemies, as where one is enfeoffed by the serjeanty of finding for the lord king one
[003] man or several to accompany him on an expedition to the army, mounted or on
[004] foot with arms of some kind. From a serjeanty of this kind the chief lord (whether
[005] he holds of the lord king or another) is entitled to wardship and marriage, though this
[006] would not be true of the tenants aforesaid [nor] if one holds for the service of finding
[007] the lord king a man with a horse, sack and buckle, at certain places and times, for
[008] any necessary or useful business in connexion with military service.¹

[Forinsec services].

[010] There are some services which [They are called forinsec despite the fact that they are
[011] expressed and specified in the charter of feoffment.] [They are called forinsec
[012] because they belong to the lord king and not to the chief lord, except when he has
[013] personally gone forth in [the king's] service or satisfied him in some way for his
[014] service.] are done at various² times, when the occasion and need arises, and have
[015] various and diverse names. They sometimes are called forinsec, the word being
[016] taken broadly [to mean] the service of the lord king, sometimes scutage, sometimes
[017] the service of the lord king: ‘forinsec,’ because it is done and taken outside of or in
[018] addition to the service done the chief lord; ‘scutage,’ because such payment relates
[019] to the shield, the word being used for the military office generally;³ ‘royal service,’
[020] because it belongs exclusively to the king and no other. These services are rendered
[021] by reason of tenements, as established at the Conquest,⁴ not persons, [and] because
[022] they arise from tenements ⁵if the charter reads ‘doing thence forinsec service,’ or
[023] ‘royal service,’ or ‘the service of the lord king,’ the three being equivalents, [as
[024] much service is owed], according to the size of the feoffment, as pertains to a knight's
[025] fee⁶ in the same vill or of the same fee,⁷ or [in money], to a scutage of ten shillings,
[026] two marks or three,⁸ and to more, more, and to less, less. Since such forinsec service
[027] does not always remain fixed in amount, requiring sometimes a larger payment,
[028] sometimes a smaller, let the kind and amount of royal service be specified in the
[029] charter that the tenant may [know] for certain what and how much he is bound to
[030] pay, which⁹ may [also] be said of suits due the chief lord, since their various and
[031] diverse times, of which we have spoken above,¹⁰ may there be noted. If the charter
[032] reads ‘rendering thence yearly so much and doing such suits for all service except
[033] royal service,’ or ‘save forinsec service,’ we must then see,

Notes

1. ‘tenentium’ for ‘tenendum’; infra 254

2. ‘incertis’

3. Infra 226

4. ‘secundum quod ... adinventum,’ from preceding line

5. Om: ‘Ut’

6. Om: ‘vel duorum’

7. Supra 62, infra 115

8. ‘x solidorum, duarum marcarum vel trium,’ as C.R.R., xiv, no. 318

9. ‘quod’

10. Supra 113