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
How can we account for the occurrence of regular 'shareholding' among
the freeholders? Two possibilities have to be considered: the free
character of the tenements may be newly acquired and the 'shareholding'
may be a relic of a servile past; or, on the other hand, the freehold
character of the tenements may be coeval with the 'shareholding,' and in
this latter case we shall have to admit the existence of freeholds which
from of old have formed an element in the village community. In the
first of these cases again we shall have to distinguish between two
suppositions:--Servile tenements have become free; this may be due
either to some general measure of enfranchisement, a lord having
preferred to take money rents in lieu of the old labour services, and
these money rents being the modern equivalent for those old services, or
else to particular and occasional feoffments made in favour of those
who, for one reason or another, have earned some benefit at the lord's
hand. To put it shortly, we may explain the phenomenon either by a
process of commutation such as that which turned 'workland' into
'molland,' or by special privileges which have exempted certain shares
in the land from a general scheme of villainage; or, lastly, by the
existence of freeholds as normal factors in the ancient village
community.
Let us test these various suppositions by the facts recorded in our
surveys. At first sight it may seem possible to account for the freehold
virgates by reference to the process which converted 'workland' into
'molland.' We have seen above that if a lord began to demand money
instead of work, the result might, in some cases, be the evolution of
new tenures which gradually lost their villain character and became
recognised as genuine freeholds. And no doubt one considerable class of
cases can be explained by this process. But a great many instances seem
to call for some other explanation. To begin with, the mere acceptance
of rent in lieu of labour did not make the tenement a freehold; servile
tenements were frequently put _ad censum_[748], and it seems difficult
to believe that many lords allowed a commutation of labour for rent to
have the effect of turning villainage into freehold. Another difficulty
is found on the opposite side. What force kept the shares together when
they had become free? Why did they not accumulate and disperse according
to the chances of free development? It may be thought that custom, and
express conditions of feoffment, must have acted against disruption. I
do not deny the possibility, but I say that it is not easy to explain
the very widely diffused phenomenon of free shareholding by a
commutation which tended to break up the shares and to make them useless
for the purposes of assessment. Still I grant that these considerations,
though they should have some weight, are not decisive, and I insist
chiefly on the following argument.
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