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
Altogether, the study of rural work and rents leads to the same
conclusion as the analysis of the legal characteristics of villainage.
The period from the Conquest onwards may be divided into two stages. In
later times, that is from the close of the thirteenth century downwards,
the division between the two great classes of tenants and tenements, a
contrast strictly legal, is regulated by the material test of the
certainty or uncertainty of the service due, and the formal test of the
mode of conveyance. In earlier times the classification depends
primarily on the economic relation between the manorial centre and the
tributary household, labour is deemed servile, rent held to be free. It
is only by keeping these two periods clearly distinct, that one is
enabled to combine the seemingly conflicting facts in our surveys. If we
look at the most ancient of these documents, we shall have to admit that
a rent-paying holding is free, nevertheless it would be wrong to infer
that when commutation became more or less general, classification was
settled in the same way. A servile tenement no longer became free
because rent was taken instead of labour; it was still held 'at the will
of the lord,' and conveyed by surrender and admittance. When all
holdings were fast exchanging labour for rent, the old notions had been
surrendered and a new basis for classification found in those legal
incidents just mentioned. The development of copyhold belongs to the
later period, copyhold being mostly a rent-paying servile tenure. Again,
if we turn to the earlier epoch we shall have to remember that the
contrast between labour and rent is not to be taken merely as a result
of commutation. Local distinctions are fitted on to it in a way which
cannot be explained by the mere assumption that every settlement of a
rent appeared in the place of an original labour obligation. The
contrast is primordial, as one may say, and based on the fact that the
labour of a subject appears directly subservient to the wants and
arrangements of the superior household, while the payment of rent severs
the connexion for a time and leaves each body to move in its own
direction till the day when the tributary has to pay again.
[Difference in quantity between the impositions of free and unfree
population.]
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