|Feudal land tenure in England|
The word comes from the French noun sergent, itself from the Latin serviens, servientis, "serving", the present participle of the verb servo, "to keep, preserve, save, rescue, deliver". "Sergeant" is derived from the same source, though developing an entirely different meaning.
Origins and development
Serjeanty originated in the assignation of an estate in land on condition of the performance of a certain duty other than knight-service, usually the discharge of duties in the household of the king or a noble. It ranged from non-standard service in the king's army (distinguished only by equipment from that of the knight), to petty renders (for example the rendering of a quantity of basic food such as a goose) scarcely distinguishable from those of the rent-paying tenant or socager.
The legal historians Pollock and Maitland (1895) described it as being a free "servantship" in the sense that the serjeant, whatever his task, was essentially a menial servant. However the feudal historian Round objected that their definition does not cover military serjeanties and glosses over the honorific value of at least some of the services.
The historian Mary Bateson stated as follows concerning serjeanties:
(They) were neither always military nor always agricultural, but might approach very closely the service of knights or the service of farmers ... The serjeanty of holding the king's head when he made a rough passage across the Channel, of pulling a rope when his vessel landed, of counting his chessmen on Christmas Day, of bringing fuel to his castle, of doing his carpentry, of finding his pot-herbs, of forging his irons for his ploughs, of tending his garden, of nursing the hounds gored and injured in the hunt, of serving as veterinary to his sick falcons, such and many others might be the ceremonial or menial services due from a given serjeanty.
The varieties of serjeanty were later increased by lawyers, who the sake of convenience categorised under this head such duties as escort service to the Abbess of Barking, or of military service on the Welsh border by the men of Archenfield.
Serjeants (servientes) already appear as a distinct class in the Domesday Book of 1086, though not in all cases differentiated from the barons, who held by knight-service. A few mediaeval tenures by serjeanty can be definitely traced as far back as Domesday in the case of three Hampshire serjeanties: those of acting as king's marshal, of finding an archer for his service, and of keeping the gaol in Winchester Castle. It is probable, however, that many supposed tenures by serjeanty were not really such, although so described in returns, in inquisitions post mortem, and other records. The simplest legal test of the tenure was that serjeants, though liable to the feudal exactions of wardship, etc., were not liable to scutage; they made in place of this exaction special composition with the Crown.
Some of the Domesday Book tenants may have been serjeants before the Norman Conquest, in the time of King Edward the Confessor. For instance, a certain Siward Accipitrarius (from Latin accipiter, "hawk"), presumably hawker to Edward the Confessor, held from the king an estate worth £7 in Somerset and did so in an area appropriate to his occupation, close to a water habitat. J. H. Round ascribed the development of serjeanties in England to Norman influence, though he did not dismiss earlier roots. The Anglo-Saxon historian James Campbell has suggested that serjeanties such as the messenger services recorded in the 13th century may represent "semi-fossilised remnants of important parts of the Anglo-Saxon governmental system".
Grand serjeanty vs petty serjeanty
The germ of the later distinction between "grand" (French: grand, "large") and "petty" (French petit, "small") serjeanty is found in the Magna Carta of 1215, the king there renouncing the right of prerogative wardship in the case of those who held of him by the render of small articles. The legal doctrine which developed that serjeanties were inalienable (i.e. non-transferable) and impartible, led during the reign of King Henry III (1216–1272) to the arrentation of those serjeanties the lands of which had been partly alienated, which were thereby converted into socage tenures (i.e. paying money rents), or in some cases, tenures by knight-service. Gradually the gulf widened, and "petty" serjeanties, consisting of renders, together with serjeanties held of mesne lords, sank into socage, while "grand" serjeanties, the holders of which performed their service in person, became alone liable to the burden of wardship and marriage. In Littleton's Tenures (15th century), this distinction appears as well defined, but the development was one of legal theory.
By the reign of King Edward I (1272–1307), tenure by serjeanty was well on the retreat, as Kimball (1936) observes:
"Once it began to give way, serjeanty disintegrated more quickly and easily than the other tenures as the feudal conception of society lost its hold...Its miscellaneous services had...many fates. A large number soon became obsolete; others were commuted to money payments or changed to knight's service; a few that were honourable or ornamental were retained in their original form as part of the coronation ceremony. Some being still useful were performed by deputy, or absorbed into the regular administrative system.
When the military tenure of knight-service was abolished at the Restoration of the Monarchy by King Charles II (1649–1651), that of grand serjeanty was retained, doubtless on account of its honorary character, it being then limited in practice to the performance of certain duties at coronations, the discharge of which as a right has always been coveted, and the earliest record of which is that of the coronation of Queen Eleanor of Provence in 1236. The most conspicuous are those of Queen's Champion, appurtenant to the manor of Scrivelsby, long held by the Dymoke family, and of supporting the king's right arm, appurtenant to the manor of Worksop.
Although today any surviving remnants of grand sergeanty are regarded as roles of high honour, it should be remembered that originally grand sergeanty was a duty, not a right. Clearly even by the medieval era much grand sergeanty had become in practice merely a token of high honour given by a monarch, where the duty was patently absurd and entirely non-onerous, except for the requirement of the physical presence of the tenant concerned. The duty of supporting the king's right arm was still performed at the coronation of King Edward VII in 1902. Although the first holder of such heritable grand sergeanties was clearly a man well liked and respected by the appointing monarch, and suitable to the role, the character of the tenant's heir in the duty, often involving close personal proximity, might be less pleasing to future monarchs. The meaning of serjeant as a household officer is still preserved in the monarch's serjeants-at-arms, serjeant-surgeons and serjeant-trumpeter. The horse and foot serjeants (servientes) of the king's army in the 12th century, who ranked after the knights and were more lightly armed, were unconnected with land tenure.
Examples of grand serjeanty
- Manor of Farnham, duty to provide white kid gloves and support king's right arm, while the Royal Sceptre was in his hand during Coronation, from the late 11th century until 1327.
- Manor of Worksop, ibid., from 1327.
- Manor of Scrivelsby, The Queen's Champion
- Manor of Kingston Russell duty to count the King's chessmen and storing them away after a game
- Manor of Kenninghall, the Chief Butler of England
- Manor of Bardolf-in-Addington, duty to serve a mess of Dillegrout at coronations, 1066 until 1821
- Manor of Nether Bilsington, duty to present three Maple cups
- Manor of Eston-le-Mount, Chief Larderer[dubious ] and caterer
- Manor of Wymondley, duty to bear a silver-gilt cup
- Manor of Lyston, duty to bear a charger of wafers
- Manor of Pelham, Chief Sewer (server)
- Manor of Heydon, duty to bear a towel for washing the monarch's hands
- Manor of Bedford, Almoner
- Manor of Ashele, naperer
- Manor of Sculton, larderer[dubious ]
- The manor of Kinver and Stourton was held by the service of keeping the Royal Forest of Kinver
Hereditary offices in gross
Serjeanty is to be distinguished from offices held hereditarily "in gross". These are not serjeanties, as they were not incidents of the tenure of a manor or other land. They are heritable in the same way as baronies by writ, so that they can pass to a daughter where there is no male heir, and be split between daughters as co-heiresses if there are several.
- the Lord Great Chamberlain;
- the duty to carry the spurs at a coronation (today vested in Baron Hastings and Baron Churston, by descent from the Hastings Earl of Pembroke via Baron Grey of Ruthyn);
- the Grand Carver of England.
- Collins Dictionary of the English Language, p.1394
- Cassell's Latin Dictionary, Marchant, J.R.V, & Charles, Joseph F., (Eds.), Revised Edition, 1928, p.519
- Pollock, Frederick; F. W. Maitland (30 June 2007). The History of English Law Before the Time of Edward I (2 ed.). Lawbook Exchange Ltd. ISBN 978-1-58477-718-2.
- Round, King's serjeants. pp. 6–8.
- Cassell's Latin Dictionary; Marchant, J. R. V. & Charles, Joseph F., (eds.), revised edition, 1928, p. 6
- Oggins, Kings and their Hawks. pp. 46–7.
- Round, King's serjeants. pp. 14–20, 270.
- Campbell, "Agents." p. 211.
- Kimball, Serjeanty tenure. p. 250.
- Cap. 24
- Round, J. Horace (1911). The King's Serjeants & Officers of State: Kings & Sergeants. Routledge. pp. 243–248. ISBN 978-1-136-22265-8.
- Round, J. Horace. The King's Serjeants & Officers of State with their Coronation Services. London, 1911. PDF available from the Internet Archive.
- Oggins, Robin S. The Kings and Their Hawks. New Haven, 2004.
- Pollock, Sir Frederick and Frederic William Maitland. History of English Law before the Time of Edward I. 2nd edition. 1898 (first edition 1895). Available from the Internet Archive.
- public domain: John Horace Round (1911). "Serjeanty". In Chisholm, Hugh (ed.). Encyclopædia Britannica (11th ed.). Cambridge University Press. This article incorporates text from a publication now in the
- Domesday Book, see e.g. the Victoria History of Hampshire, vol. I.
- Red Book of the Exchequer. Rolls series.
- Book of Fees
- Brand, Paul. "The Serjeants of the Common Bench in the reign of Edward I. An Emerging Professional Elite." In Thirteenth century England VII: Proceedings of the Durham conference 1997, ed. M. Prestwich, R. H. Britnell, and R. Frame. Woodbridge, 1999. 81–102.
- Campbell, James. "Some Agents and Agencies of the Late Anglo-Saxon State." Domesday Studies, ed. J. C. Holt. Woodbridge, 1987. 201-18.
- Kimball, Elisabeth G. Serjeanty tenure in medieval England. Yale Historical Publications Miscellany 30. New Haven and London, 1936.
- Oggins, V. D. and Robin S. Oggins. "Hawkers and falconers along the Ouse. A geographic principle of location in some serjeanty and related holdings." Proceedings of the Cambridge Antiquarian Society 80 (1992 for 1991)': 7–20.
- Poole, Austin Lane. Obligations of Society in the XII and XIII Centuries. Oxford, 1946. Chapter[which?].
- Older works