English Wayfaring Life in the Middle Ages (XIVth Century)Jusserand, J. J. (Jean Jules)
History
English Wayfaring Life in the Middle Ages (XIVth Century)
Jusserand, J. J. (Jean Jules)
Christian pilgrims and pilgrimages -- England; England -- Social life and customs -- 1066-1485; Travel, Medieval
Besides people of this kind there were the rovers, who, without
being threatened with outlawry, had fled the village or the farm to
which they belonged. The villein who, without special licence, left
his master’s domain, could resume his previous life and intercourse
with his kin, only by placing himself at his lord’s mercy, or, which
was less risky, after having passed a year and a day in a free town
without leaving it and without the lord, often unaware of the place,
having interrupted the prescription. In this latter case he became a
free man, and the ties which bound him to the soil were broken. But
if he confined himself to wandering from place to place he might be
re-taken any day that he reappeared at his own door.
An example of this may be seen in a characteristic lawsuit of the
time of Edward I, a report of which has come down to us:—_A_ presents
a writ of imprisonment against _B_. Heiham, counsel for _B_, says:
It is not for us to defend ourselves, _A_ is our villein, his writ
cannot take effect against us. This is verified, it is found that
_A_ is the son of a villein of _B_, that he ran away, and several
years afterwards returned home, “to his nest,” where he was taken
as a villein. The judge declares that this seizure was legal; that
a villein might wander about during six, seven years or more, but
if at the end he were found “in his own nest and at his hearth,”
he might be seized as continuing to be his lord’s lawful property;
the fact of his return put him into the condition he was {260} in
before his departure. On hearing this decision the delighted counsel
appropriately cites the scripture, “He fell into the pit which he
hath digged.”[352]
At that period a villein could still be sold as chattel, given away
as a present, donated to a convent for the benefit of one’s soul: “I
Hugo de Ringesdon . . . gave and conceded . . . to God and Blessed
Mary and the Abbot and convent of Sulby, for the salvation of my soul
and that of my ancestors and successors, in perpetual frank almoigne,
Robert son of Juliana de Walton, with all his sequel and all his
chattels, nothing remaining of any bond with me or my successors for
ever.”[353]
Or again: “Be it known to all, now and hereafter, that I John, son of
Thomas [of Wurtham], have sold . . . to Hugo abbot of Saint Edmunds
. . . Serval, son of William of Wurtham with all his sequel . . . and
all the tenement which he held from me . . . for sixteen shillings of
silver which the said abbot gave me.”[354]
Public-domain text, read in full here on John Shaqi.
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