PETTY SERJEANTY

2 definitions found across Law Mind sources

PETTY SERJEANTYAuthored
The Law Mind • 964 words
Definition
Petty serjeanty is a form of feudal land tenure by which a tenant held land directly of the Crown in exchange for the annual render of some small article of military equipment or service — such as a bow, sword, dagger, lance, arrows, gilt spurs, or gloves of mail — rather than by the performance of personal military service in the field. It is the lesser counterpart to grand serjeanty, distinguished principally by the nominal, symbolic nature of the render and by the fact that the obligation ran to the delivery of an object rather than the performance of a personal act. Under English feudal law, petty serjeanty occupied a peculiar middle position: it resembled socage tenure in its practical effect (a fixed, predictable render rather than uncertain personal service) but was classified with the serjeanties because it was a tenure held directly of the king. Bracton and later Littleton both treated petty serjeanty as a distinct category, though commentators differed on how sharply it could be distinguished from socage in practice. Littleton noted that petty serjeanty was in effect assimilated to socage for most legal purposes, a view Coke confirmed in his commentary. The tenure was abolished along with the broader feudal tenure system in England by the Tenures Abolition Act 1660, which converted nearly all remaining military and serjeanty tenures into free and common socage. ---
Common Confusion
PETTY SERJEANTY vs. GRAND SERJEANTY: Grand serjeanty required the tenant to perform a specific personal service to the Crown — bearing the king's banner, carrying his sword, or serving at coronation — acts that were non-delegable and ceremonially significant. Petty serjeanty required only the annual delivery of a small object. Grand serjeanty survived the Tenures Abolition Act 1660 in its ceremonial form and retains vestigial legal existence in English coronation practice; petty serjeanty did not survive as a recognized tenure. PETTY SERJEANTY vs. SOCAGE: Petty serjeanty was technically distinguished from socage because it was held directly of the Crown and the render was of a military character, however nominal. In practical terms, as Littleton observed, the legal incidents of petty serjeanty so closely resembled those of socage that the distinction was largely formal by the later medieval period. ---
Why It Matters in Research
Petty serjeanty is almost exclusively a term of historical legal research. No living tenure of this kind exists in any common law jurisdiction today. Researchers encountering the term will find it in: **Medieval and early modern land records.** Inquisitions post mortem, feodaries, and surveys of Crown lands from the twelfth through seventeenth centuries will record serjeanty tenures. Identifying a holding as petty rather than grand serjeanty affects what incidents attached — relief, wardship, and marriage applied differently across tenure types, and the distinction matters when tracing what rights a Crown feudatory held or owed. **Feudal tenure treatises.** Bracton, Littleton's Tenures, and Coke upon Littleton are the primary doctrinal sources. Researchers should be aware that the Rapalje & Lawrence entry (and its source material, which appears to draw on Littleton directly) reflects the pre-1660 legal framework. Any source post-dating the Tenures Abolition Act 1660 that discusses petty serjeanty as a living tenure should be read critically. **The truncated Rapalje & Lawrence entry.** The source text for this entry is visibly incomplete — it cuts off mid-sentence, appearing to veer into a reference to sessions of justices of the peace and stipendiary magistrates that is either a copyist error or a conflation with another entry. Researchers using Rapalje & Lawrence on this term should treat the entry as fragmentary and consult Littleton or Coke directly for complete doctrinal treatment. **Jurisdictional transfer.** Petty serjeanty never took meaningful root in the American colonies as a functioning tenure. Post-independence American legal dictionaries that include the term treat it as English legal history rather than operative American law. Researchers working in early American property records will rarely encounter it, and when they do, it reflects residual English usage rather than an established colonial tenure. ---
Historical Dictionary Support
Rapalje & Lawrence reproduce what is clearly drawn from Littleton's Tenures, capturing the characteristic enumeration of renders — bow, sword, dagger, knife, lance, gloves of mail, gilt spurs, arrows — that defines the tenure in the classical sources. This catalog approach mirrors Littleton's own method of illustration by example rather than abstract definition, and it accurately conveys the essentially military-symbolic character of the render. However, the Rapalje & Lawrence entry is truncated and ends in apparent mid-sentence, drifting into language about sessions of justices of the peace that does not belong to the definition of petty serjeanty. This appears to be either a printing or transcription error in the source. The entry should not be relied upon as a complete or self-contained reference. What the historical dictionaries generally do not address is the post-1660 treatment of serjeanty tenures and the precise operation of the Tenures Abolition Act — a gap that matters when researchers need to understand when and how these tenures ceased to generate legal incidents. For that analysis, Blackstone's Commentaries (Book II, Chapter 6) provides the most accessible synthesis of the pre- and post-abolition framework. ---
Jurisdictional Note
Petty serjeanty was a tenure of the English Crown and had no meaningful parallel development in Scotland (which had its own feudal system) or in the American colonies. It is inoperative in all common law jurisdictions today. Researchers in English legal history should note that the Tenures Abolition Act 1660 is the operative terminus for this tenure as a source of legal rights and obligations. ---
Related Terms
Grand Serjeanty Serjeanty Socage Feudal Tenure Tenure by Knight Service Inquisition Post Mortem Tenures Abolition Act 1660 Relief (feudal incident) Wardship Littleton's Tenures
PETTY SERJEANTYmain
Rapalje & Lawrence • 1883
- "Tenure by petite serjeanty is where a man holds his land of our soveraigne lord the king, to yield to him yearly a bow, or a sword, or a dagger, or a knife, or a lance, or a paire of gloves of maile, or a pair of gilt spurs, or an arrow, or divers arrowes, or to yield such other small things belonging to sion of the peace, every sitting of justices of the peace or of a stipendiary magistrate, is deemed a petty sessions of the peace. Stat. 12 and 13 Viet. c. 18, § 1; Pritch. Quar. Sess. 2. See 21. In English law. Officers of the crown whose duty is nominally to attend the person of the sovereign, to arrest traitors, to attend the Lord High Steward (q.r.) when sitting is an index of the mind. Sermo index animi (5 Co. 118): Speech in judgment on traitors, and the like. "Two of them, by the king's allowance, do attend on the two Houses of Parliament, whose office in the Sermo relatus ad personam intelligi debet de conditione persone (4 Co. 16): *The buildings and property of the inn have recently been sold and the proceeds divided among the members.

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