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
It is not strange, of course, that things should assume a somewhat
different aspect according to the point of view from which they are
described. Legal classification need not go into details which may be
very important for purposes of manorial administration; neither the size
of the holdings nor the complex variations of services have to be looked
to in cases where the law of status is concerned. Still it may be taken
for granted that the distinctions and rules followed by the courts had
to conform in a general way with matter-of-fact conditions. Lawyers
naturally disregarded minute subdivisions, but their broad classes were
not invented at fancy; they took them from life as they did the few
traits they chose from among many as tests for the purpose of laying
down clear and convenient rules. A general conformity is apparent in
every point. At the same time there is undoubtedly an opposition between
the _curial_ (if I may use that term) and the _manorial_ treatment of
status and tenure, which does not resolve itself into a difference
between broad principle and details. Just because the lawyer has to keep
to distinct rules, he will often be behind his age and sometimes in
advance of it. His doctrine, once established, is slow to follow the
fluctuations of husbandry and politics: while in both departments new
facts are ever cropping up and gathering strength, which have to fight
their way against the rigidity of jurisprudence before they are accepted
by it. On the other hand, notions of old standing and tenacious
tradition cannot be put away at once, so soon as some new departure has
been taken by jurists; and even when they die out at common law such
notions persist in local habits and practical life. For these reasons,
which hold good more or less everywhere, and are especially conspicuous
in mediaeval history, the general relation between legal and manorial
documents becomes especially important. It will widen and strengthen
conclusions drawn from the analysis of legal theory. We may be sure to
find in thirteenth-century documents of practical administration the
foundations of a system which prevailed at law in the fifteenth. And
what is much more interesting, we may be sure to find in local
customaries the traces of a system which had its day long before the
thirteenth century, but was still lingering in broken remains.
[The will of the lord and the custom of the manor.]
Public-domain text, read in full here on John Shaqi.
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