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
The procedure of the halimot was ruled by ancient custom. All foreign
elements in the shape of advocates or professional pleaders were
excluded. Such people, we are told by the manorial instructions, breed
litigation and dead-letter formalism, whereas trials ought to be
conducted and judged according to their substance[802]. Another
ceremonial peculiarity of some interest concerns the place where
manorial courts are held. It is certain that the ancient gemóts were
held in the open air, as Mr. Gomme shows in his book on early folk-mots.
And we see a survival of the custom in the meeting which used to be held
by the socmen of Stoneleigh on Motstowehill[803]. But in the feudal
period the right place to hold the court was the manorial hall. We find
indeed that the four walls of this room are considered as the formal
limit of the court, so that a man who has stept within them and has then
gone off without sufficient reason is charged with contempt of
court[804]. Indeed, the very name of 'halimot' can hardly be explained
otherwise than as the moot held in the hall[805]. The point is of some
interest, because the hall is not regarded as a purely material
contrivance for keeping people protected against the cold and the rain,
but appears in close connexion with the manor, and as its centre and
symbol.
[The halimot and agriculture.]
We hear very little of husbandry arrangements made by the courts[806],
and even of the repartition of duties and taxes[807]. Entries relating
to the election of officers are more frequent[808], but the largest part
of the rolls is taken up by legal business of all sorts.
[Presentments.]
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