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
This last remark may require some further development. The striking
differences between the duties of the several freeholders of one manor
seem to show that these people were not enfeoffed by the lord at the
same time and under the same conditions. If A is in every respect a
fellow of B, and still has to pay twice as much as B, it is clear that
his relation to the lord has been settled under different circumstances
from those which governed the settlement of B's position. Now, from the
point of view of later law this meant that the two freeholds were
created each by a special feoffment. But this would be a very formal and
inadequate way of considering the case. Very often the differences might
be produced by subsequent arrangements which, though not giving rise to
new title, destroyed the original uniformity of condition. Often again
we may suspect that the relation between lord and tenant had its origin
not really in a gift of land made by the former to the latter but in a
submission made by the latter to the former. I make bold to prefer this
view, chiefly on account of those trifling and indeed fictitious duties
which are constantly found in the Surveys[757]. They can only have one
meaning--that of 'recognitions[758].' Trifling in themselves, they
establish the subordinate relation of one owner to the other; and
although their imposition must be considered from the formal standpoint
of feudal law as the result of a feoffment, it is clear that their real
foundation must often have been a submission to patronage. The subject
is a wide one and includes all kinds of free tenure, communal as well as
other. When a knight was enfeoffed by a monastery in consideration of
some infinitesimal payment, there might be several reasons for such a
transaction. The abbot may have thought it good policy to acquire the
support of a considerable person, he may have been forced to give the
land and only glad to obtain some recognition, however trifling, of the
gift; or again, he may have made a beneficial feoffment in return for a
sum of ready money paid by way of gersuma or fine, but he may also have
extended his supremacy over a piece of land which did not belong to him
originally at all. Even in feudal times this could be done by means of a
fictitious lawsuit ending in 'a final concord'; or even simply by an
instrument of quit claim and feoffment without any suit[759]. At the
time when feudalism was only settling itself, in the twelfth and
thirteenth centuries, this must have been a common thing, even if we do
not take into account the Saxon practice of 'commendation.'
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