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
At first sight the line seems drawn very sharply between the reeve and
the four men on the one hand, and the freehold suitors of the hundred
court on the other: while these last have to judge and to decide, the
first only make presentments. But the distinction, though very clear in
later times, is by no means to be relied upon even in the thirteenth
century. In Britton's account of the sheriff's tourn the two bodies,
though provided with different functions, are taken as constituted from
the same class: 'the free landowners of the hundred are summoned and the
first step is to cause twelve _of them_ to swear that they will make
presentment according to the articles. Afterwards the _rest_ shall be
sworn by dozens and by townships, that they will make lawful presentment
to the _first twelve jurors_[402].' The wording of the passage certainly
leads one to suppose that both sets of jurors are taken from the
freeholder class, and the difference only lies in the fact that some are
selected to act as individuals, and the rest to do so by representation.
The Assize of Clarendon, which Mr. Maitland has shown to be at the
origin of the sheriff's tourn[403], will only strengthen the inference
that the two bodies were intended to belong to the same free class: the
inquiry, says the Assize, shall be made by twelve of the most lawful
men of the county, and by four of the most lawful men of every township.
What is there in these words to show that the two sets were to be taken
from different classes? And does not the expression 'lawful,' extending
to both sets, point to people who are 'worthy of their law,' that is to
free men? The Assize of Clarendon and the constitution of the tourn are
especially interesting because they give a new bearing to an old
institution: both divisions of the population which they have in view
appear in the ordinary hundred and county court, and in the 'law day' of
the 'great' hundred instituted for the view of frankpledge. In the
ordinary court the lord, his steward, and the reeve, priest, and four
men, interchange, according to the clear statement of Leg. Henrici I. c.
7, that is to say, the vill is to be represented either by the lord, or
by his steward, or again by the six men just mentioned. They are not
called out as representing different classes and interests, but as
representing the same territorial unity. If the landlord does not attend
personally or by his personal representative, the steward, then six men
from the township attend in his place. The question arises naturally,
where is one to look for the small freeholders in the enactment? However
much we may restrict their probable number, their existence cannot be
simply denied or disregarded. It does not seem likely that they were
treated as landlords (terrarum domini), and one can hardly escape the
inference that they are included in the population of the township,
which appears through the medium of the six hundredors: another hint
Public-domain text, read in full here on John Shaqi.
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