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
The passage from one great class of society to the other was rendered
easy in this way by the variety of combinations in which the
distinguishing features of both classes appear. No wonder that we hear
constantly of oppression which tended to substitute one form of
subjection for another, and thus to lower the social standing of
intermediate groups. The free socmen of Swaffham Prior, in
Cambridgeshire[433], complain that they are made to bind sheaves while
they did not do it before; they used to pay thirty-two pence for licence
to marry a daughter, and to give a twofold rent on entering an
inheritance, and now the lord fines them at will. One of the tenants of
the Bishop of Lincoln[434] declares to the Hundred Roll Commissioners
that his ancestors were free socmen and did service to the king for
forty days at their own cost, whereas now the Bishop has appropriated
the royal rights. The same grievances come from ancient demesne people.
In Weston, Bedfordshire[435], the tenantry complain of new exactions on
the part of the lord; in King's Ripton[436], Hunts, merchet is
introduced which was never paid before; in Collecot, Berks[437], the
lord has simply dispossessed the socmen. In some instances the claims of
the peasantry may have been exaggerated, but I think that in all
probability the chances were rather against the subjected people than
for them, and their grievances are represented in our documents rather
less than fairly[438].
[Law of Kent.]
In speaking of those classes of peasants who were by no means treated as
serfs to be exploited at will, I must not omit to mention one group
which appears, not as a horizontal layer spread over England, but in the
vertical cut, as it were. I mean the Kentish gavelkind tenantry. The
Domesday Survey speaks of the population of this county quite in the
same way as of the people of neighbouring shires; villains form the
great bulk of it, socmen are not even mentioned, and to judge by such
indications, we have here plain serfdom occupying the whole territory of
the county. On the other hand the law of the thirteenth century puts the
social standing of Kentish men in the most decided opposition to that of
the surrounding people. The 'Consuetudines Kanciae,' the well-known list
of special Kentish customs[439], is reported to have been drawn up
during an eyre of John of Berwick in the twenty-first year of Edward I.
Be its origin what it may, we come across several of its rules at much
earlier times[440], and they are always considered of immemorial custom.
The basis of Kentish social law is the assumption that every man born in
the county is entitled to be considered as personally free, and the
Common Law Courts recognised the notion to the extent of admitting the
assertion that a person was born in Kent as a reply against the
'exceptio villenagii.' The contrast with other counties did not stop
there. The law of tenure was as different as the law of status. It would
Public-domain text, read in full here on John Shaqi.
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