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
And not only socmen have to bear such impositions: we find them
constantly in all shapes and gradations in connection with free
tenantry. The small freeholder often takes part in rural work[425],
sometimes he has to act as a kind of overseer[426], and in any case this
base labour would not degrade him from his position[427]. Already in
Bracton's day the learned thought that the term 'socage' was
etymologically connected with the duty of ploughing:--a curious proof
both of the rapidity with which past history had become unintelligible,
and of the perfect compatibility of socage with labour services.
Merchet, heriot, and tallage occur even more often[428]. All such
exactions testify to the fact that the conceptions of feudal law as to
the servile character of particular services and payments were in a
great measure artificial. Tallage, even arbitrary tallage, was but a tax
after all, and did not detract from personal freedom or free tenure in
this sense. Then heriot often occurs among free people in the old Saxon
form of a surrender of horse and arms as well as in that of the best
ox[429]. Merchet is especially interesting as illustrating the fusion of
different duties into one. It is the base payment _par excellence_, and
often used in manorial documents as a means to draw the line between
free and unfree men[430]. Nevertheless free tenants are very often found
to pay it[431]. In most cases they have only to fine in the case when
their daughters leave the manor, and this, of course, has nothing
degrading in it: the payment is made because the lord loses all claim as
to the progeny of the woman who has left his dominion. But there is
evidence besides to show that free tenants had often to pay in such a
case to the hundred, and the lords had not always succeeded in
dispossessing the hundred[432]. Such a fine probably developed out of a
payment to the tribe or to a territorial community in the case when a
woman severed herself from it. It had nothing servile in its origin. And
still, if the documents had not casually mentioned these instances, we
should have been left without direct evidence as to a difference of
origin in regard to merchet or gersum. Is it not fair to ask, whether
the merchet of the villains themselves may not in some instances have
come from a customary recompense paid originally to the community of the
township into the rights of which the lord has entered? However this may
be, one fact can certainly not be disputed: men entirely free in status
and tenure were sometimes subjected to an exaction which both public
opinion and legal theory considered as a badge of servitude.
[Feudal oppression in the direction of servitude.]
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