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192 TENNIS_TENURES.

taken by the members of the national assembly in a tennis court at Versailles, May %, 1789 (when the doors of the hall had been shut against them by the royal command), binding themselves never to separate until they had given a constitution to France. TENochtitlan. (See Merico, vol. viii, p. 454.) TENor (in Italian, tenore) is one of the four chief descriptions of the human voice. It is the more delicate of the two voices which belong to the riper age of the male singer, and its compass generally extends from d, in the small octave, to the single-marked for g. For a solo tenor a greater depth and height is requisite (from c, in the small octave, to a and b, in the descant octave); and the voice, at this height, is generally in falsetto. (q.v.) The qualities of the tenor render it suitable to the expression of tender and delicate sentiments. In the common song of four voices, the tenor forms the second id 'e voice, as it is deeper than the alto, is, it its compass must, notwithstanding, extend above the melody of the base; but in the song of four male voices, the tenor, as the first voice, leads the chief melody, and, as the second, the higher middle voice. The clef (q.v.) of this voice is the C clef. The tenor is more rare in Germany than the base, on which account it is particularly valued. The French call it taille, and esteem it particularly. TENTER; a railing used in the cloth manufacture, to stretch out the pieces of cloth, stuff, &c., or only to make them even, and set them square. It is usually about four feet and a half high, and in length exceeds the longest piece of cloth. It consists of several long pieces of wood, laced so that the lower cross piece may be raised or lowered, as is found requisite, to be fixed at any height by means of pins. Along the cross pieces, both the upper and under one, are hooked nails, called tenter-hooks, from space to space. In England, it is made felony, without benefit of clergy, to steal cloth on the tenters in the night time, by 22 Car. II, c. 5; and having in possession any cloth stolen from the tenters, and not giving a good account of the manner of becoming possessed, is subjected to transportation by 15 Geo. II, c. 27. TENTYRA, or TENTYR1s. (See Denderah.) TENUREs. As the system of tenures, under the feudal system, is of much interest, we shall give a considerable part of Blackstone's chapter on the ancient

English tenures. Almost all the real property of England is, by the laws, supposed to be granted by, dependent upon, and holden of, some superior lord, by and in consideration of certain services to be rendered to the lord, by the tenant or possessor of this property. The thing holden is therefore styled a tenement, the possessors thereof tenants, and the manner of their possession a tenure. Thus all the land in the kingdom is supposed to be holden, mediately or immediately, of the king, who is styled the lord paramount, or above all. Such tenants as held under the king immediately, when they granted out portions of their lands to inferior persons, became also lords with respect to those inferior persons, as they were still tenants with respect to the king, and, thus partaking of a middle nature, were called mesme, or middle, lords. In this manner are all the lands of the kingdom holden, which are in the hands of subjects. All tenures being thus derived, or supposed to be derived, from the king, those that held immediately under him, in right of his crown and dignity, were called his tenants in capite, or in chief. There seem to have subsisted four principal species of lay tenures, to which all others may be reduced; the grand criteria of which were the natures of the several services or renders, that were due to the lords from their tenants. The services, in respect of their quality, were either free or base services; in respect of their quantity, and the time of exacting them, were either certain or uncertain. Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments. The certain services, whether free or base, were such as were stinted in quantity, and could not be exceeded on any pretence; as to pay a stated annual rent, or to plough such a field for three days. The uncertain depended upon unknown contingencies; as to do military service in person, or pay an assessment in lieu of it, when called upon, or to wind a horn whenever the Scots invaded the realm, which are free services; or to do whatever the lord should command, which is a base or villein service. From the various combinations of these services have arisen the four kinds of lay tenure, which subsisted in England till the middle of the last century, and three of which subsist to this day. Where the service was free, but uncertain, as military service with homage, that tenure was called the tenure in chivalry, per servitium militare, or by knightservice. Secondly, where the service was not only free, but also certain, as by fealty only, by rent and fealty, &c., that tenure was called liberum socagium, or free socage. These were the only free holdings or tenements; the others were villenous or servile: as, thirdly, where the service was base in its nature, and uncertain as to time and quantity, the tenure was purum villenagium (absolute or pure villenage). Lastly, where the service was base in its nature, but reduced to a certainty, this was still villenage, but distinguished from the other by the name of privileged villenage o privilegiatum); or it might be still called socage, from the certainty of its services, but degraded by their baseness into the inferior title of villanum socagium (villein-socage). The first, most universal, and esteemed the most honorable species of tenure, was that by knight-service. To make a tenure by knight-service, a determinate quantity of land was necessary, which was called a knight's fee (feodum militare); the measure of which, in 3 Edw. I, was estimated at twelve ploughlands; and its value, though it varied with the times, in the reigns of Edward I and Edward II, was stated at twenty pounds per annum. And he who held this proportion of land, or a whole fee, by knightservice, was bound to attend his lord to the wars for o days in every year, if called upon. If he held only half a knight's fee, he was only bound to attend twenty days; and so in proportion. And there is reason to apprehend, that this service was the whole that the landholders meant to subject themselves to ; the other fruits and consequences of this tenure being fraudulently superinduced, as the regular, though unforeseen, appendages of the feudal system. These fruits and consequences were aids, relief, primer seisin, wardship, marriage, fines for alienation, and escheat. 1. Aids were originally inere benevolences granted by the tenant to his lord, in times of difficulty and distress; but in process of time they grew to be considered as a matter of right, and not of discretion. These aids were principally three:—first, to ransom the lord's person, if taken prisoner—a necessary consequence of the feudal attachment and WOL. xii.

TENURES.

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fidelity; insomuch that the neglect of doing it, whenever it was in the vassal's power, was, by the strict rigor of the feudal law, an absolute forfeiture of his estate. Secondly, to make the lord's eldest son a knight—a matter that was formerly attended with great ceremony, pomp and expense. This aid could not be demanded till the heir was fifteen years old, or capable of bearing arms; the intention of it being to breed up the eldest son and heir apparent of the seigniory to deeds of arms and chivalry, for the better defence of the nation. Thirdly, to marry the lord's eldest daughter, by giving her a suitable portion. In this particular, the lord and vassal of the feudal law bore a great resemblance to the patron and client of the Roman republic, between whom, also, there subsisted a mutual fealty, or engagement of defence and protection; and there were three aids, which were usually raised by the client; viz. to marry the patron's daughter, to pay his debts, and to redeem his person from captivity. But, besides these ancient feudal aids, the tyranny of lords, by degrees, exacted more and more; as aids to pay the lord's debts (probably in imitation of the Romans), and aids to enable him to pay aids or reliefs to his superior lord. In the 25 Edw. I, the statute called confirmatio chartarum was enacted, which ordained that none but the ancient aids should be taken. But though the species of aids was thus restrained, yet the quantity of each aid remained arbitrary and uncertain. They were never completely ascertained and adjusted till the statute Westm. 1. 3 Edw. I, c. 36, which fixed the aids of inferior lords at twenty shillings, or the supposed twentieth part of the annual value of every knight's fee, for making the eldest son a knight, or marrying the eldest daughter; and the same was done with regard to the king's tenants in capite, by statute 25 Edw. III, c. 11. The other aid, for ransom of the lord’s person, being not, in its nature, capable of any certainty, was, therefore, never ascertained.” 2. Relief (relevium) was incident to every feudal tenure, by way of fine or composition with the lord for taking up the eatate, which was lapsed or fallen in by the death of the last tenant. But, though reliefs had their original while feuds were only life-estates, yet they continued after feuds became hereditary, and were, therefore, looked upon, very justly, as one of the greatest grievances of tenure; especially when, at the first, they were merely arbitrary, and at the will of the lord; so

194 TENURES.

that, if he pleased to demand an exorbitant relief, it was, in effect, to disinherit the heir. William the Conqueror ascertained the relief, by directing, in imitation of the Danish heriots, that a certain quantity of arms, and habiliments of war, should be paid by the earls, barons and vavasours respectively; and if the latter had no arms, they should pay a hundred shillings. Afterwards, the composition was universally accepted of one hundred shillings for every knight's fee; as we find it ever after established. But it must be remembered, that this relief was only then payable, if the heir, at the death of his ancestor, had attained his full age of one and twenty years. 3. Primer seisin was a feudal burden, only incident to the king's tenants in capite, and not to those who held of inferior or mesne lords. It was a right which the king had, when any of his tenants in capite died, seized of a knight's fee, to receive of the heir, provided he were of full age, one whole year's profits of the lands, if they were in immediate possession, and half a year's profits, if the lands were in reversion expectant on an estate for life. This seems to be little more than an additional relief, but grounded upon this feudal reason; that, by the ancient law of feuds, immediately upon the death of a vassal, the superior was entitled to enter and take seisin, or possession of the land, by way of protection against intruders, till the heir appeared to claim it, and receive investiture; during which interval the lord was entitled to take the profits; and, unless the heir claimed within a year and day, it was, by the strict law, a forfeiture. This practice, however, seems not to have long obtained in England, if ever, with regard to tenure under inferior lords; but, as to the king's tenures in capite, the prima seisina was expressly declared, under Henry III and Edward II, to belong to the king by prerogative, in contradistinction to other lords. The king was entitled to enter and receive the whole profits of the land, till livery was sued; which suit being commonly made within a year and day next after the death of the tenant, in pursuance of the strict feudal rule, therefore the king used to take, as an average, the first fruits, that is to say, one year's profits of the land. And this afterwards gave a handle to the popes, who claimed to be feudal lords of the church, to claim, in like manner, from every clergyman in England, the first year's profits of his benefice, by way of primitia, or first fruits. 4. These payments were only

due if the heir was of full age; but if he was under the age of twenty-one being a male, or fourteen being a female, the lord

was entitled to the wardship of the heir,

and was called the guardian in chivalry. This wardship consisted in having the custody of the body and lands of such heir, without any account of the profits, till the age of twenty-one in males, and sixteen in females. For the law supo: the heir male unable to perform night-service till twenty-one; but as for the female, she was supposed capable at fourteen to marry, and then her husband might perform the service. The lord, therefore, had no wardship, if, at the death of the ancestor, the heir male was of the full age of twenty-one, or the heir female of fourteen; yet, if she was then under fourteen, and the lord once had her in ward, he might keep her so till sixteen, by virtue of the statute of Westm. 1. 3 Edw. I, c. 22, the two additional years being given by the legislature for no other reason but merely to benefit the lord. The wardship of i. body was a consequence of the wardship of the land; for he who enjoyed the infant's estate was the most proper person to educate and maintain him in his infancy; and also, in a political view, the lord was most concerned to give his tenant a suitable education, in order to qualify him the better to perform those services, which, in his maturity, he was bound to render. When the male heir arrived to the age of twenty-one, or the heir female to that of sixteen, they might sue out their livery or ousterlemain; that is, the delivery of their lands out of their guardian's hands. For this they were obliged to pay a fine, namely, half a year's profits of the land; though this seems expressly contrary to Magna Charta. However, in consideration of their lands having been so long in ward, they were excused all reliefs, and the king's tenants also all primer seisins. When the heir thus came of full age, provided he held a knight's fee in capite under the crown, he was to receive the order of knighthood, and was compellable to take it upon him, or else pay a fine to the king. For, in those times, no person was qualified for deeds of arms and chivalry who had not received this order, which was conferred with much preparation and solemnity. This prerogative, of compelling the king's vassals to be knighted, or to pay a fine, was exerted as an expedient for raising money by many English princes, particularly by Edward VI and queen Elizabeth. It was abolished by statute 16 Car. I, c. 20. 5. But, before they came of age, there was still another piece of authority, which the guardian was at liberty to exercise over his infant wards; the right of marriage (maritagium, as contradistinguished from matrimonium), which, in its feudal sense, signifies the power which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. For, while the infant was in ward, the guardian had the power of tendering him or her a suitable match, without disparagement, or inequality; which if the infants refused, they forfeited the value of the marriage (valorem maritagii) to their guardian; that is, so much as a jury would assess, or any one would bona fide give to the guardian for such an alliance; and, if the infants married themselves without the guardian's consent, they forfeited double the value (duplicem valorem mari

TENURES.

ii). This seems to have been one of the greatest hardships of the ancient tenures. 6. Another attendant or consequence of tenure by knight-service was that of fines due to the lord for every alienation, whenever the tenant had occasion to make over his land to another. This depended on the nature of the feudal connexion; it not being reasonable nor allowed, as we have before seen, that a feudatory should transfer his lord's gift to another, and substitute a new tenant to do the service in his own stet_d, without the consent of the lord; and, as the feudal obligation was considered as reciprocal, the lord also could not alienate his seigniory without the consent of his tenant, which consent of his was called an attornment. This restraint upon the lords soon wore away; that upon the tenants continued longer. In England, these fines seem only to have been exacted from the king's tenants in capite, who were never able to alienate without a license.

The statute 1 Edw. III, c. 12, ordained

that one third of the yearly value should be paid for a license of alienation; but, if the tenant presumed to alienate without a license, a full year's value should be id. 7. The last consequence of tenure in chivalry was escheat; which is the determination of the tenure, or dissolution of the mutual bond between the lord and tenant, from the extinction of the blood of the latter by either natural or civil means; if he died without heirs of his blood, or if his blood was corrupted and stained by commission of treason or felony, whereby every inheritable quality was entirely blotted out and abolished.

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These were the principal qualities, fruits and consequences of the tenure by knight-service. The description here given is that of knight-service proper; which was, to attend the king in his wars. There were, also, some other species of knight-service. Such was the tenure by grand serjeanty per magnum servitium, whereby the tenant was bound, instead of serving the king generally in his wars, to do some special honorary service to the king in person; as to carry his banner, his sword, or the like; or to be his butler, champion, or other officer, at his coronation. These services, both of chivalry and grand serjeanty, were all personal, and uncertain as to their quantity or duration. But, the personal attendance in knight-service growing troublesome and inconvenient in many respects, the tenants found means of compounding for it, by first sending others in their stead, and, in process of time, making a pecuniary satisfaction to the lords in lieu of it. This pecuniary satisfaction at last came to be levied by assessments, at so much for every knight's see; and, therefore, this kind of tenure was called scutagium in Latin, or servitium scuti; scutum being then a well known denomination for money; and, in like manner, it was called, in Norman French, escuage; being indeed a pecuniary, instead of a military, service. The first time this appears to have been taken was in the 5 Hen. II, on account of his expedition to Toulouse; but it soon came to be so universal, that personal attendance fell quite into disuse. From this period, when the kings went to war, they levied scutages on their tenants, that is, on all the landholders of the kingdom, to defray their expenses, and to hire troops; and these assessments, in the time op Henry II, seem to have been made arbitrarily and at the king's pleasure; which prerogative being greatly abused by his successors, it became matter of national clamor; and king John was obliged to consent, by his Magna Charta, that no scutage should be imposed without consent of parliament. But this clause was omitted in his son Henry III's charter; where we only find, that scutages or escuages should be taken as they were used to be taken in the time of Henry II; that is, in a reasonable and moderate manner. Yet afterwards, by statute 25 Edw. I, c. 5 and 6, and many subsequent statutes, it was again provided, that the king should take no aids or tasks, but by the common assent of the realm: hence it was held

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o that escuage or scutage could not be levied but by consent of parliament, such scutages being, indeed, the ground-work of als succeeding subsidies, and the land-tax of later times. By the degenerating of knight-service, or personal military duty, into escuage, or pecuniary assessments, all the advantages (either promised or real) of the feudal constitution were destroyed, and nothing but the hardships remained. Instead of forming a national militia, composed of barons, knights and ntlemen, bound by their interest, their onor and their oaths, to defend their king and country, the whole of this system of tenures now tended to nothing else but a wretched means of raising money to pay an army of occasional mercenaries. In the mean time, the families of all the nobility and gentry groaned under the intolerable burdens which (in consequence of the fiction adopted after the conquest) were introduced and laid upon them by the subtlety and finesse of the Norman lawyers. A slavery so complicated and so extensive called aloud for a remedy. Palliatives were from time to time applied by successive acts of parliament, which assuaged some temporary grievances. King James I consented, in consideration of a proper equivalent, to abolish them all, though the plan proceeded not to effect. At length the military tenures, with all their heavy appendages (having, during the commonwealth, been discontinued), were destroyed at one blow by the statute 12 Car. II, c. 24, which enacts “that all sorts of tenures, held of the king or others, be turned into free and common socage, save only tenures in frankalmoign, copyholds, and the honorary services (without the slavish part) of grand serjeanty.”—For further information, see Socage, Fee, Entails, Villenage; also Feudal System.) In the U. States, the property of lands is allodial; that is, the owner holds of no superior, with the exception of some small remains of socage tenure in New York. TEocALL1s ; ancient monuments of Mexico. (See Merico, Antiquities of, and Pyramids.) TEos, or Teios; a maritime town on the coast of Ionia, in Asia Minor, opposite Samos. It was one of the twelve cities of the Ionian confederacy, and gave birth to Anacreon (q.v.) and Hecataeus, who is by some deemed a native of Miletus. According to Pliny, Teos was an island. TEPLItz; a celebrated watering place, situated in a pleasant and fruitful plain in

TENURE –TERENCE.

Bohemia, with a population of 2500; 40 miles north-west of Prague; lat. 50° 37' N.; lon. 13° 51 E. It belongs to the prince of Clary, who has a beautiful castle here, with a fine garden attached to it, which is open to the public. The waters are warm and sulphureous, and are much resorted to. The public baths are twentythree in number. On the day of the destruction of Lisbon by an earthquake (Nov. 1, 1755), the waters ceased to flow for several minutes, and then rushed out with great violence. The village of Schönau, and several castles, monasteries and mountains in the vicinity, render the cnvirons delightful.—See Reuss's Guide for Visitors of the Baths (in German, 1823). TEQUENDAMA, CATAR Act of. Cataracts.) TER cr:RA, or TER cerra : one of the Azores islands, supposed to have derived its name from its standing the third in this cluster of islands, in point of situation, though the first in dignity. . It is 25 miles long, and 15 broad; population, 28,900. Its figure is almost circular, the coasts high, and so surrounded with craggy rocks, that it is deemed impregnable, every accessible part on the coast being defended by strong forts, heavy cannon, and a numerous and regular garrison. The only tolerable port in the whole island is the harbor of Angra (15,000 inhabitants). The island is fertile, pleasant and healthy: the very rocks produce vines. The land yields large crops of corn, and a t Variety of fruits. Besides An ere are several other towns and large villages in Tercera, with a number of forts and garrisons. Lon. 27°13' W.; lat. 38°38' N. TERENCE, or TERENTIUs. Publius Terentius Afer, the celebrated Roman comic writer, was born in Africa (whence his surname .4fer), about B. C. 194, and, while a child, was bought by Publius Terentius Lucanus, a "... senator, who took him to Rome, and gave him a good education. His master having emancipated him, the young African now assumed the name of his benefactor, and soon acquired reputation and friends by the talents which he displayed in his comedies. Laelius and Scipio Africanus (the destroyer of Carthage and Numantia) admitted him into their intimacy; and some accounts aver that they assisted him in the composition of his plays. About the year 161, he went to Greece, probably with the purpose of collecting new materials for the theatre. While on his return to Italy, he suffered shipwreck, and either

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