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
But the general current went steadily against the peasantry. The
disruption of political unity at the time of the great civil war, and
the systematic resumption of royal rights by Henry II, must have led to
a settlement which impaired the social standing of the villain in the
sense of feudal law. The immediate connexion between the lower class and
the royal power could not be kept up during the troubled reign of
Stephen, when England all but lapsed into the political dismemberment of
the neighbouring continental states. Government and law were restored by
Henry II, but he had to set a limit to his sphere of action in order
that within that sphere he might act efficiently. The very growth of the
great system of royal writs necessitated the drawing a sharp line
between the people admitted to use them and those excluded from this
benefit. One part of the revolution effected by the development of royal
jurisdiction is very noticeable in our documents: the struggle between
king and magnates as to the right of judging freeholders has left many
traces, of which the history of the 'breve quod vocatur praecipe' is
perhaps the most remarkable. But the victorious progress of royal
jurisdiction in regard to freeholders was counterbalanced by an all but
complete surrender of it in regard to villains. The celebrated tit. 29
of William the Conqueror's laws providing that the cultivators of the
land are not to be subjected to new exactions, had lost its sense in the
reign of Henry II, and so soon as it was settled that one class of
tenants was to be protected, while another was to be unprotected in the
king's court, the lawyers set themselves thinking over the problem of a
definite and plain division of classes. Their work in this direction
bears all the marks of a fresh departure. They are wavering between the
formal and the material test: instead of setting up at once the
convenient doctrine that villainage is proved by stock, and that in
regard to service and tenure the question is decided by their certainty
or uncertainty, they try for a long time to shape conclusive rules as to
the kind of services and incidents which imply villainage, and for a
time distinction between rural labour and rent becomes especially
important.
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