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
Let us pass now to those aspects of manorial usage which are directly
connected with the mode of holding land. I may repeat what I said
before, that it would be out of the question to draw anything like a
hard and fast line between these different sides of one subject. How
intimately the personal relation may be bound up with the land may be
gathered, among other things, from the fact that there existed an oath
of fealty which in many places was obligatory on villains when entering
into possession of a holding. This oath, though connected with tenure,
bears also on the personal relation to the lord[328]. The oath of fealty
taken by the tenant in villainage differed from that taken by the
freeholder in that it contained the words, 'I will be justified by you
in body and goods'; and again the tenant in villainage, though he swore
fealty, did no homage; the relationship between him and his lord was not
a merely feudal relationship; the words, 'I become your man,' would have
been out of place, and there could be no thought of the lord kissing his
villain. But however intimate the connexion between both aspects of the
question, in principle the tenure was quite distinct from the status,
and could influence the condition of people who were personally free
from any taint of servility.
The legal definition of villainage as unfree tenure does not take into
account the services or economic quality of the tenure, and lays stress
barely on the precarious character of the holding[329]. The owner may
take it away when he pleases, and alter its condition at will. The
Abingdon Chronicle tells us[330] that before the time of Abbot Faritius
it was held lawful on the manors of the Abbey to drive the peasants away
from their tenements. The stewards and bailiffs often made use of this
right, if anybody gave them a fee out of greed, or out of spite against
the holder. Nor was there any settled mode of succession, and when a man
died, his wife and children were pitilessly thrown out of their home in
order to make place for perfect strangers. An end was put to such a
lawless condition of things by Faritius' reforms: he was very much in
want of money, and found it more expedient to substitute a settled
custom for the disorderly rule of the stewards. But he did not renounce
thereby any of his manorial rights: he only regulated their application.
The legal feature of base tenure--its insecurity--was not abolished on
the Abingdon estates. Our documents sometimes go the length of
explaining that particular plots are held without any sort of security
against dispossession. We find such remarks in the Warwickshire Hundred
Rolls for instance[331]. Sometimes the right is actually enforced: in
the Cartulary of Dunstable Priory we have the record of an exchange
between two landlords, in consequence of which the peasants were
removed from eight hides of land by one of the contracting parties[332].
[Control of the lord over the villain's land.]
Public-domain text, read in full here on John Shaqi.
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