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
mechanically, they do not invent them at haphazard. Symbols and
ceremonies are but outward expressions of ideas, and therefore their
combinations are ruled by a certain logic and are instinct with meaning.
In a sense their meaning is deeper and more to be studied than that
supplied by theories expressed in so many words: they give an insight
into a more ancient order of things. It may be asked, in conclusion, why
a Frankish form should be found prevalent in the customary arrangement
of the English manorial system? The fact will hardly appear strange when
we consider, firstly, that the symbolical acts of investiture and
conveyancing were very similar in Old English and Old Frankish law[816],
and that many practices of procedure were imported into England from
France, through the medium of Normandy. It is impossible at the present
date to trace conclusively the ceremonies of surrender and admittance in
all their varieties and stages of development, but the most probable
course of progress seems to have been a passage from symbolical
investiture in the folk-law of free English ceorls through the Frankish
practice of 'affatomire,' to the feudal ceremony of surrender and
admittance by the steward.
[The court roll.]
And now let us take up the second thread of our inquiry into the
manorial forms of conveyancing. A tenant by the verge is also a tenant
by copy of court roll. The steward who presided at the court had to keep
a record of its proceedings, and this record had a primary importance
for the servile portion of the community. While the free people could
enter into agreements and perform legal acts in their own name and by
charter, the villains had to content themselves with ceremonial actions
before the court. They were faithful in this respect to old German
tradition, while the privileged people followed precedents which may be
ultimately traced to a Roman origin. The court roll or record of
manorial courts enabled the base tenant to show, for instance, that some
piece of land was his although he had no charter to produce in proof of
his contention. And we find the rolls appealed to constantly in the
course of manorial litigation[817]. But the rolls were nothing else than
records of actions in the court and before the court. They could
actually guide the decision, but their authority was not independent; it
was merely derived from the authority of the court. For this reason the
evidence of the rolls, although very valuable, was by no means
indispensable. A claimant could go past them to the original fount, that
is, to the testimony of the court. And here we must keep clear of a
misconception suggested by a first-sight analysis of the facts at hand.
It would seem that the verdict of neighbours, to which debateable claims
are referred to in the manorial courts, stands exactly on a par with the
verdicts of jurymen taken by the judges of the Royal Courts. This is not
so, however. It is true that the striving of manorial officers to make
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account