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
Indeed, the rural settlement appears in our records as a 'juridical
person.' The Court Rolls of Brightwaltham, edited for the Selden Society
by Mr. Maitland, give a most beautiful example of this. The village of
Brightwaltham enters into a formal agreement with the lord of the manor
as to some commons. It surrenders its rights to the lord in regard to
the wood of Hemele, and gets rid in return of the rights claimed by the
lord in Estfield and in a wood called Trendale[778]. Nothing can be
more explicit: the village acts as an organised community; it evidently
has free disposition as to rights connected with the soil; it disposes
of these rights not only independently of the lord, but in an exchange
to which he appears as a party. We see no traces of the rightless
condition of villains which is supposed to be their legal lot, and a
powerful community is recognised by the lord in a form which bears all
the traits of legal definition. In the same way the annals of Dunstable
speak of the seisin of the township of Toddington[779], and of a
feoffment made by them on behalf of the lord.
I have only to say in addition to this summing up of the subject, that
the quasilegal standing of the villains in regard to the lord appears
with special clearness when they stand arrayed against him as a group
and not as single individuals. We could guess as much on general
grounds, but the self-dependent position assumed by the 'communitas
villanorum' of Brightwaltham is the more interesting, that it finds
expression in a formal and recorded agreement.
[The village as a farmer.]
We catch a glimpse of the same phenomenon from yet another point of
view. It is quite common to find entire estates let to farm to the rural
community settled upon them[780]. In such cases the mediation of the
bailiff might be dispensed with; the village entered into a direct
agreement with the lord or his chief steward and undertook a certain set
of services and payments, or promised to give a round sum. Such an
arrangement was profitable to both parties. The villains were willing to
pay dearly in order to free themselves from the bailiff's interference
with their affairs; the landowner got rid of a numerous and inconvenient
staff of stewards and servants; the rural life was organised on the
basis of self-government with a very slight control on the part of the
lord. Such agreements concern the general management of manors as well
as the letting of domain land or of particular plots and rights[781]. Of
course there was this great disadvantage for the lord, that the tie
between him and his subjects was very much loosened by such
arrangements, and sometimes he had to complain that the conditions under
which the land was held were materially disturbed under the farmer-ship
of the village. It is certain, that in a general way this mode of
administration led to a gradual improvement in the social status of the
peasantry.
[The village and agricultural arrangements.]
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