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
It is well known that later law recognises three kinds of seignorial
courts: the Leet, the Court Baron, and the Customary Court. The first
has to keep the peace of the King, the others are concerned with purely
manorial affairs. The Leet appears in possession of a police and
criminal jurisdiction in so far as that has not been appropriated by the
King's own tribunals--its parallel being the sheriff's tourn in the
hundred. The Court Baron is a court of free tenants entrusted with some
of the conveyancing and the petty litigation between them, and also with
the exercise of minor franchises. The Customary Court has in its charge
the unfree population of the manor. In keeping with this division the
Court Baron consists according to later theory of a body of free suitors
which is merely placed under the presidency of the steward, while in the
Customary Court the steward is the true and only judge, and the
copyholders, customary tenants or villains, around him are merely called
up as presenters.
[Court Leet.]
The masterly investigations of Mr. Maitland, from which any review of
the subject must start, have shown conclusively, that this latter
doctrine, as embodied in Coke, for instance, draws distinctions and
establishes definitions which were unknown to earlier practice. The Leet
became a separate institution early enough, although its name is
restricted to one province--Norfolk--even at the time of the Hundred
Rolls[784]. The foundation of the court was laid by the frank-pledge
system and the necessity of keeping it in working order. We find the
Leet Court sometimes under the names 'Curia Visus franci plegii,' or
'Visus de borchtruning[785],' and it appears then as a more solemn form
of the general meeting. It is held usually twice a year to register all
the male population from twelve years upwards, to present those who have
not joined the tithings, and sometimes to elect the heads or
representatives of these divisions--the 'Capitales plegii[786].'
Sometimes the tithing coincides with the township, is formed on a
territorial basis, as it were, so that we may find a village called a
tithing[787]. This leads to the inference, that the grouping into tens
was but an approximate one, and this view is further supported by the
fact that we hear of bodies of twelve along with those of ten[788].
[View of Frank-pledge.]
As to attending the meeting, a general rule was enforced to that effect,
that the peasantry must attend in person and not by reason of their
tenure[789]. But as it was out of the question to drive all the men of a
district to the manorial centres on such days, exceptions of different
kinds are frequent[790]. Besides the women and children, the personal
attendants of the lord get exempted, and also shepherds, ploughboys, and
men engaged in driving waggons laden with corn. Servants and aliens were
considered as under the pledge of the person with whom they were
staying.
[Communal accusation.]
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