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
I may be excused for marshalling all these well-known points before the
public by the consideration that they must serve to show how intimately
these views are connected with the general principles of a great school.
The stress laid by Kemble on property in land ought to be noticed
especially: land gets to be the basis of all political and social
condition. This is going much further than Palgrave ever went; though
not further than Eichhorn. What actually severs Kemble from the
Romantics is his estimate of the free element in the people. He does not
try to picture a kind of political Arcadia in Saxon England, but there
is no more talk about the rightless condition of the ceorls or the
predominance of aristocracy. The Teutonic race towers above everything.
Although the existence of Celts after the Conquests is admitted, neither
Celtic nor Roman elements appear as exercising any influence in the
course of history. Everything takes place as if Germanic communities had
been living and growing on soil that had never before been appropriated.
Curiously enough the weakest point of Kemble's doctrine seems to lie in
its very centre--in his theory of social groups. One is often reminded
of Grimm by his account of the Mark, and it was an achievement to call
attention to such a community as distinct from the tribal group, but the
political, legal, and economical description of the Mark is very vague.
As to the reasoning about gilds, tithings, and hundreds, it is based on
a constant confusion of widely different subjects.
Generally speaking, it is not for a lawyer's acuteness and precision
that one has to look in Kemble's book: important distinctions very often
get blurred in his exposition, and though constantly protesting against
abstract theories and suppositions not based on fact, he indulges in
them a great deal himself. Still Kemble's work was very remarkable: his
extensive, if not very critical study of the charters opened his eyes to
the first-rate importance of the law of real property in the course of
medieval history: this was a great step in advance of Palgrave, who had
recognised law as the background of history, but whose attention had
been directed almost exclusively to the formal side--to judicial
institutions. And Kemble actually succeeded in bringing forward some of
the questions which were to remain for a long time the main points of
debate among historians.
[K. Maurer.]
Public-domain text, read in full here on John Shaqi.
Villainage in England: Essays in English Mediaeval History — John Shaqi
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