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 inquiry as to the relation between the holding and the population on
it is, of course, of the utmost importance for a general estimate of the
arrangement. From a formal point of view the question is soon solved: on
the one hand, the holding of the villain remains undivided and entire;
it does not admit of partition by sale or descent; on the other, the
will of the lord may alter, if necessary, the natural course of
inheritance and possession; the socage tenure is often free from the
first of these limitations, and always free from the second. The
indivisibility of villain tenements is chiefly conspicuous in the law of
inheritance: all the land went to one of the sons if there were several;
very often the youngest inherited; and this custom, to which mere chance
has given the name of Borough English, was considered as one of the
proofs of villainage[497]. It is certainly a custom of great importance,
and probably it depended on the fact that the elder brothers left the
land at the earliest opportunity, and during their father's life. Where
did they go? It is easy to guess that they sought work out of the manor,
as craftsmen or labourers; that they served the lord as servants,
ploughmen, and the like; that they were provided with holdings, which
for some reason did not descend to male heirs; that they were endowed
with some demesne land, or fitted out to reclaim land from the waste. We
may find for all these suppositions some supporting quotation in the
records. And still it would be hard to believe that the entire increase
of population found an exit by these by-paths. If no exit was found, the
brothers had to remain on their father's plot, and the fact that they
did so can be proved, if it needs proof, from documents[498]. The unity
of the holding was not disturbed in the case; there was no division, and
only the right heir, the {hestiopamôn} as they said in Sparta, had to
answer for the services; the lord looked to him and no further; but in
point of fact the holding contained more than one family, and perhaps
more than one household. However this may be, in regard to the lord the
holding remained one and undivided. This circumstance draws a sharp line
between the feudal arrangement of most counties and that which prevailed
in Kent. The gavelkind or tributary tenure there was subjected to equal
partition among the heirs.
[Kentish system.]
Public-domain text, read in full here on John Shaqi.
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