Villainage in England: Essays in English Mediaeval HistoryVinogradoff, Paul
History
Villainage in England: Essays in English Mediaeval History
Vinogradoff, Paul
Villeinage -- England -- History -- To 1500
The limitations of rights of property have left as distinct traces in
the cartularies as the direct consequences of personal unfreedom. These
two matters are connected by the principle that everything acquired by
the slave is acquired by his master; and this principle finds both
expression and application in our documents. On the strength of it the
Abbot of Eynsham takes from his peasant land which had been bought by
the latter's father[311]. The case dates from the second half of the
fourteenth century, from a time when the social conflict had become
particularly acute in consequence of the Black Death, and of the
consequent attempts on the part of landlords to stretch their rights to
the utmost. But we have a case from the thirteenth century: the Prior of
Barnwell quotes the above-mentioned rule in support of a confiscation of
his villain's land[312]. In both instances the principle is laid down
expressly, but in other cases peasants were deprived of their property
without any formal explanation.
[Heriot.]
Of course, one must look upon such treatment as exceptional. But an
important and constant result of the general conception is to be found
in some of the regular feudal exactions. The villain has no property of
his own, and consequently he cannot transmit property. Strictly
speaking, there is no inheritance in villainage. As a matter of fact the
peasant's property did not get confiscated after his death, but the
heirs had to surrender a part of it, sometimes a very considerable one.
A difference is made between chattels and land. As to the first, which
are supposed to be supplied by the lord, the duty of the heir is
especially onerous. On the land of the Bishopric of Lichfield, for
instance, he has to give up as _heriot_ the best head of horned cattle,
all horses, the cart, the caldron, all woollen cloth, all the bacon, all
the swine except one, and all the swarms of bees[313]. The villains of
St. Alban's have to give the best head of cattle, and all house
furniture[314]. But in most cases only the best beast is taken, and if
there be no cattle on the tenement, then money has to be paid
instead[315]. The Cartulary of Battle is exceptionally lenient as to one
of the Abbey's manors[316]: it liberates from all duty of the kind those
who do not own any oxen. It sometimes happens, on the other hand, that
the payment is doubled; one beast is taken from the late occupier by way
of heriot, and the other from his widow for the life interest which is
conceded to her after the death of her husband[317]. Such 'free bench'
is regulated very differently by different customs. The most common
requirement is, that the widow may not marry again and must remain
chaste. In Kent the widow has a right to half the tenement for life,
even in case of a second marriage; in Oxfordshire, if she marries
without the lord's leave, she is left in possession only during a year
and a day[318].
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