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
This being so, we may expect to find some traces of the gradual spread
of serfdom in the subdivisions of that comprehensive class called
villainage. And, indeed, there are unmistakable signs of the fact that
the flood was rising slowly and swamping the several groups of the
peasantry which hitherto had been of very various conditions. The
Domesday classification will have to be discussed by itself, but it may
be noticed even now that its fundamental features are the distinction
between serfs and villains, and the very limited number of these first.
Judging by this, the bulk of the peasantry was not considered unfree.
The inference is corroborated for the epoch of the early Norman kings by
the laws of Henry I, in which the villain is still treated on the same
footing as the ceorl of Saxon times, is deemed 'worthy of his were and
of his wite,' and is called as a free man to the hundred court, although
not a landlord, 'terrarum dominus.' The hundredors of later times kept
up the tradition: degraded in many ways, they were still considered as
representatives of a free population. Ancient demesne tenure is another
proof of the same freedom in villainage; it is protected though base,
and supposes independent rights on the part of the peasantry. The
position of the group of socmen outside the ancient demesne points the
same way: their tenure is originally nothing more and nothing less than
a customary freehold or a free copyhold, if one may say so. The law of
Kent is constructed on this very basis: it is the law of free ceorls
subjected to a certain manorial authority which has not been able to
strike very deep roots in this soil.
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