Frederick William Maitland, Downing Professor of the Laws of England: A Biographical SketchFisher, H. A. L. (Herbert Albert Laurens)
History
Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch
Fisher, H. A. L. (Herbert Albert Laurens)
Maitland, Frederic William, 1850-1906
freeholders, some not, that in some there were courts, in others none,
and that no general proposition respecting either jurisdictional rights
or agrarian continuity would apply to them universally. That the manors
of Domesday were mainly tilled by villeins who in a certain sense were
unfree, was doubtless true, but there was evidence to show that the
position of the agricultural class had deteriorated during the period
which elapsed between the Conquest and the survey, and many calamities
natural or fiscal, a murrain, a hailstorm, a levy of Danegeld, a
judicial fine, might be enumerated to account for a gradual decline in
the status of the rural population during the Saxon age.
Evidence from an entirely different quarter supported the main
conclusion. Far back at the beginning of the eighth century Bede had
spoken of the hide as the normal holding of the English householder.
By a train of very subtle and elaborate calculations Maitland came
to the conclusion that the hide of which Bede spoke and to which
Domesday testifies contained 120 arable acres,--a tenement too large
for any serf or semi-servile _colonus_ and therefore precluding the
idea that the manorial system was dominant in England in very early
Saxon times. How then did the system arise? Maitland advanced an
ingenious hypothesis, admitting, "that nothing which could be called
a strict proof could be offered"--that the word _manerium_ as used by
the Domesday commissioners possessed a technical sense. Domesday was
a fiscal inquest; the object of the commissioners was the collection
of geld; geld is collected from persons who live in houses and the
word _manerium_ means a house. For the fiscal purpose of these Norman
officials _manerium_ meant "the house at which geld is charged." The
lord, in other words, was made responsible to the state for the payment
of geld from his demesne land and the land of his villeins, and was
bound to take measures to see that the tax was paid by such freemen and
socmen as might be attached to his manor. The theory was not of course
intended to provide a solution for the main problem. It suggested an
answer to the question "What is the technical meaning attached to the
word _manerium_ in Domesday?" it revealed one of the possible forces
which may have contributed to manorial dependence: but it did not
explain or pretend to explain either the forces which made for the
subjection of the peasantry to seignorial justice or the peculiar
system of ownership and cultivation which was distinctive of the manor.
Public-domain text, read in full here on John Shaqi.
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