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
A second group of free tenements consists of plots which did not belong
either to the demesne or to the regular holdings in the fields, but lay
by the side of these holdings and were parcelled out in varying quantity
and under various conditions. We may begin by noticing the growth of
leases. There is no doubt that the lease-system was growing in the
thirteenth century, and that it is not adequately reflected in our
documents. An indirect proof of this is given by the fact, that legal
practice was labouring to discover means of protection for possession
based on temporary agreement. The writ 'Quare ejecit infra terminum'
invented by William Raleigh between 1236 and 1240 protected the
possession of the 'tenant for term of years' who formerly had been
regarded as having no more than a personal right enforceable by an
action of covenant[724].
Manorial extents are sparing in their notices of leases because their
object is to picture the distribution of ownership, and temporary
agreements are beyond their range. But it is not uncommon to find a man
holding a small piece of land for his life at a substantial rent. In
this case his tenure is reckoned freehold, but still he holds under what
we should now call a lease for life; the rent is a substantial return
for the land that he has hired. That English law should regard these
tenants under leases for life as freeholders, should, that is, throw
them into one great class with tenants who have heritable rights, who
do but military service or nominal service, who are in fact if not in
name the owners of the land, is very remarkable; hirers are mingled with
owners, because according to the great generalisation of English
feudalism every owner is after all but a hirer. Still we can mark off
for economic purposes a class of tenants whom we may call
'life-leaseholders,' and we can see also a smaller class of leaseholders
who hold for terms of years[725]. They often seem to owe their existence
to the action of the manorial bailiffs or the farmers to whom the
demesne has been let. We are told that such and such a person has
'entered' the tenement by the leave of such and such a farmer or
bailiff, or that the tenement does not belong to the occupier by
hereditary right, but by the bailiff's precept[726]. Remarks of that
kind seem to mean that these rent-paying plots, liberated from servile
duties, were especially liable to the interference of manorial officers.
Limits of time are rarely mentioned, and leases for life seem to be the
general rule[727]. The tenure is only in the course of formation, and
by no means clearly defined. One does not even see, for instance, how
the question of implements and stock was settled--whether they were
provided by the landlord or by the tenant.
[Forlands.]
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