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 entire court, and sometimes a body of twelve jurors, present those
who are guilty of any offence or misdemeanour. Ploughmen who have
performed their ploughing on the lord's land badly, villains who have
fled from the fee and live on strange soil, a man who has not fulfilled
some injunction of the lord, a woman who has picked a lock appended to
the door of her cottage by a manorial bailiff, an inveterate adulterer
who loses the lord's chattels by being fined in the ecclesiastical
courts--all these delinquents of very different kinds are presented to
be punished, and get amerced or put into the stocks, according to the
nature of their offences. It ought to be noticed that an action
committed against the interests of the lord is not punished by any
onesided act of his will, or by the command of his steward, but treated
as a matter of legal presentment. The negligent ploughman is not taken
to task directly by the bailiff or any other overseer, but is presented
as an offender by his fellow-peasants, and according to strict legal
formality. On the other hand, the entries are worded in such a way that
the part played by the court is quite clear only as to the presenting of
misdeeds, while the amercement or punishment is decreed in some manner
which is not specified exactly. We read, for instance, in a roll of the
Abbey of Bec how 'the court has presented that Simon Combe has set up a
fence on the lord's land. Therefore let it be abated.... The court
presented that the following had encroached on the lord's land, to wit,
William Cobbler, Maud Robins, widow (fined 12_d._), John Shepherd (fined
12_d._).... Therefore they are in mercy[809].' Who has ordered the fence
to be thrown down, and who has imposed the fines on the delinquents? The
most natural inference seems to be that the penalties were imposed by
the lord or the presiding officer who represented him in the court. But
it is by no means impossible that the court itself had to decide on the
penalty or the amount of the amercement after first making the
presentment as to the fact. Its action would merely divide itself into
two independent decisions. Such a procedure would be a necessity in the
case of a free tenant who could not be fined at will; and there is
nothing to show that it was entirely different in regard to the servile
tenantry. When the lord interferes at pleasure this is noted as an
exceptional feature[810]. It is quite possible, again, that the
amercement was imposed on the advice or by a decision of certain suitors
singled out from the rest as persons of special credit, as in a case
from the same manorial rolls of Bec[811]. It is hardly necessary to draw
very precise conclusions, as the functions of the suitors do not appear
to have been sharply defined. But for this very reason it would be wrong
to speak of the onesided right of the lord or of his representative to
impose the penalty.
[Civil jurisdiction.]
Public-domain text, read in full here on John Shaqi.
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