Villainage in England: Essays in English Mediaeval History — John Shaqi
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
'But this feudal polity, which was thus by degrees established over all
the Continent of Europe, seems not to have been received in this part of
our island, at least not universally and as a part of our national
constitution, till the reign of William the Norman. This introduction,
however, of the feudal tenures into England by King William does not
seem to have been effected immediately after the Conquest, nor by the
mere arbitrary will and power of the Conqueror, but to have been
gradually established by the Norman barons, and afterwards universally
consented to by the great Council of the nation.' 'The new polity
therefore seems not to have been _imposed_ by the Conqueror, but
nationally and freely adopted by the general assembly of the whole
realm.' 'By thus consenting to the introduction of feudal tenures, our
English ancestors probably meant no more than to put the kingdom in a
state of defence by establishing a military system. But whatever their
meaning was, the Norman interpreters ... gave a very different
construction to this proceeding, and thereupon took a handle to
introduce, not only the rigorous doctrine which prevailed in the duchy
of Normandy, but also such fruits and dependencies, such hardships and
services, as were never known to other nations.' 'And from hence arises
the inference, that the liberties of Englishmen are not (as some
arbitrary writers would represent them) mere infringements of the king's
prerogative, but a restoration of the ancient constitution, of which our
ancestors had been defrauded by the art and finesse of the Norman
lawyers, rather than deprived by the force of the Norman arms.'
The structure of the component parts is (for Blackstone) as ancient as
the constitution of the whole. The English manor is of Saxon origin in
all its essential characteristics, but the treatment of the people
within the manor underwent a very notable change in consequence of the
Norman invasion. In Saxon times the common people settled on folkland
were immersed in complete slavery. Their condition was improved by the
Conquest, because the Normans admitted them to the oath of fealty. And
the improvement did not stop there: although the peasantry held their
plots only by base tenure and at the lord's will, the lord allowed in
most cases a hereditary possession. In this way out of the lord's will
custom arose, and as custom is the soul or vital principle of common
law, the Courts undertook in the end to protect the base tenure of the
peasantry against the very lord whose will had created it. Such was the
rise of the copyhold estate of modern times.
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