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 typical custom of the county, and attracts all other variations of
local usage into its sphere of influence. The Custumal published among
the Statutes speaks of the personal freedom of all Kentish-men, although
it has to concern itself specially with the gavelkind tenantry. The
notion of villainage gets gradually eliminated from the soil of the
province, although it was by no means absent from it in the beginning.
Thirteenth-century law evidently makes the contrast between Kent and
adjoining shires more sharp than it ought to have been, if all the
varieties within the county were taken into account. But, if it was
possible from the legal standpoint to draw a hard and fast line between
Kent on one side, Sussex or Essex on the other, it is quite impossible,
from the historian's point of view, to grant that social condition has
developed in adjoining places out of entirely different elements,
without gradations and intermediate shades. Is there the slightest doubt
that the generalising jurisprudence of the thirteenth century went much
too far in one direction, the generalising scribes of the eleventh
century having gone too far in the other? Domesday does not recognise
any substantial difference between the state of Kent and that of Sussex;
the courts of the thirteenth century admitted a complete diversity of
custom, and neither one nor the other extreme can be taken as a true
description of reality. The importance of the _custom of Kent_ can
hardly be overrated: it shows conclusively what a mistake it would be to
accept without criticism the usual generalising statement as to the
different currents of social life in mediaeval England. It will hardly
be doubted moreover, that the Kentish case proves that elements of
freedom bequeathed by history but ignored by the Domesday Survey come to
the fore in consequence of certain facts which remain more or less
hidden from view and get recognised and protected in spite of feudalism.
If so, can the silence of Domesday or the absence of legal protection in
the thirteenth century stand as sufficient proof against the admission
of freedom as an important constitutive element in the historical
process leading to feudalism? Is it not more natural to infer that
outside Kent there were kindred elements of freedom, kindred remnants of
a free social order which never got adequate recognition in the Domesday
terminology or left definite traces in the practice of the Royal courts?
[Peasant freeholders.]
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