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
free people had to attend virtually, if not actually, and a series of
contradictions sprang up from the attempt to apply this principle to a
legal state which had almost eliminated the notion of freedom in its
treatment of peasantry on villain land. As in these feudal relations all
stress lay on tenure and not on status, the manorial documents seem to
raise the hundredors almost or quite to the rank of freeholders,
although in strict law they may have been villains. The net results seem
to be: (1) that the administrative constitution of hundred and county
is derived from a social system which did not recognise the feudal
opposition between freeholder and villain; (2) that we must look upon
feudal villainage as representing to a large extent a population
originally free; (3) that this original freedom was not simply one of
personal status, but actually influenced the conception of tenure even
in later days[408].
[Socmen.]
If in manorial documents these 'hundredors' occupy as it were an
ambiguous position, the same may be said of another and a very important
class--the _socmen_. The socage tenure has had a very curious
terminological history. Everybody knows that it appears in Domesday as a
local peculiarity of Danish districts; in modern law it came to be a
general name for any freehold that was neither knight service,
frankalmoign, nor grand sergeanty. It became in fact the normal and
typical free tenure, and as such it was treated by the Act of Charles II
abolishing military tenure. Long before this--even in the thirteenth
century--'free socage' was the name of a freehold tenure fully protected
by the King's Courts. Very great men occasionally held land in free
socage (per liberum socagium); they even held of the King in chief by
free socage, and the tenure had many advantages, since it was free from
the burdensome incidents of wardship and marriage. But no one would have
called these men socmen (sokemanni, socomanni). On the other hand, the
socmen, free socmen, were to be found all over England and not in the
Danish country only. It is of the tenure of these socmen that we have to
speak now. In a trial of Edward the First's time the counsel distinguish
three manners of persons--free men, villains, and socmen. These last are
said to occupy an intermediate position, because they are as _statu
liberi_ in regard to their lords[409]. The passage occurs in a case
relating to ancient demesne, but the statement is made quite broadly,
and the term 'socmen' is used without any qualification. As there were
many socmen outside the King's possessions on the land of lay and
spiritual lords, such usage may be taken as proof that the position of
all these people was more or less identical. And so in our inquiry as to
the characteristic traits of socage generally we may start from the
ancient demesne. Further, we see that the socman's tenure is
distinguished from free tenure, socmen from freeholders. In the law
Public-domain text, read in full here on John Shaqi.
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