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
In the Bury St. Edmund's case just quoted in a foot-note the
fundamental principle of servility is stated emphatically, but the
statement was occasioned by gradual encroachments on the part of the
molmen, who were evidently becoming hardly distinguishable from
freeholders[383]. And in many Cartularies we find these molmen actually
enumerated with the freeholders, a very striking fact, because the clear
interest of the lord was to keep the two classes asunder, and the
process of making a manorial 'extent' and classifying the tenants must
have been under his control. As a matter of fact, the village juries
were independent enough to make their presentments more in accordance
with custom than in accordance with the lord's interests. In a
transcript of a register of the priory of Eye in Suffolk, which seems to
have been compiled at the time of Edward I, the molmen are distinguished
from villains in a very remarkable manner as regards the rule of
inheritance, Borough English being considered as the servile mode, while
primogeniture is restricted to those holding mol-land[384]. Borough
English was very widely held in medieval England to imply servile
occupation of land[385], and the privilege enjoyed by molmen in this
case shows that they were actually rising above the general condition of
villainage, the economical peculiarities of their position affording a
stepping-stone, as it were, towards the improvement of their legal
status. It is especially to be noticed, that in this instance we have to
reckon with a material difference of custom, and not merely with a
vacillating terminology or a general and indefinite improvement in
position. An interesting attempt at an accurate classification of this
and other kinds of tenantry is displayed by an inquisition of 19 Edward
I preserved at the Record Office. The following subdivisions are
enumerated therein:--
Liberi tenentes per cartam.
Liberi tenentes qui vocantur fresokemen.
Sokemanni qui vocantur molmen.
Custumarii qui vocantur werkmen.
Consuetudinarii tenentes 4 acras terre.
Consuetudinarii tenentes 2 acras terre[386].
The difference between molmen and workmen lies, of course, in the fact
that the first pay rent and the second perform week-work. But what is
more, the molmen are ranged among the sokemen, and this supposes a
certainty of tenure and service not enjoyed by the villains. In this way
the intermediate class, though of servile origin, connects itself with
the free tenantry.
[Censuarii and gavelmen.]
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