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
Bracton defines villainage as a condition of men who do not know in the
evening what work and how much they will have to perform next morning.
The corresponding tenure is entirely precarious and uncertain at law.
But these fundamental positions of legal doctrine we find opposed in
daily life to the all-controlling rule of custom. The peasant knows
exactly on what days he has to appear personally or by representative at
ploughings and reapings, how many loads he is bound to carry, and how
many eggs he is expected to bring at Easter[447]; in most cases he knows
also what will be required from him when he inherits from his father or
marries his daughter. This customary arrangement of duties does not find
any expression in common law, and _vice versa_ the rule of common law
dwindles down in daily life to a definition of power which may be
exercised in exceptional cases. The opposition between our two sets of
records is evidently connected in this case with their different way of
treating facts.
[Movement towards free contract and money rents.]
Manorial extents and inquests give in themselves only a one-sided
picture of mediaeval village life, because they describe it only from
the point of view of the holding: people who do not own land are very
seldom noticed, and among the population settled on the land only those
persons are named who 'defend' the tenement in regard to the lord. Only
the chief of the household appears; this is a matter of course. He may
have many or few children, many or few women engaged on his plot: the
extent will not make any difference in the description of the tenement
and of its services. But although very incomplete in this important
respect, manorial records allow us many a glimpse at the process which
was preparing a great change in the law. Hired labourers are frequently
mentioned in stewards' accounts, and the 'undersette' and 'levingmen'
and 'anelipemen[448]' of the extents correspond evidently to this
fluctuating population of rural workmen and squatters gathering behind
the screen of recognised peasant holders.
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