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 suitors awarded default against the plaintiff because
he had not appeared in person before them, and had sent an attorney, who
had been admitted by the steward alone and not in full court. Stonor,
C.J., remarks, 'that it is against law that the person who holds the
court is not suffered to record an attorney for a plea which will be
discussed before him.' The counsel for the plaintiff offer to prove that
the custom of the manor did not exclude an attorney appointed before the
steward, on condition that the steward should tell it to the suitors in
the next court after receiving him. The case is interesting, not merely
because it exhibits the suit-holders in the undisputed position of
judges, but also because it shows the difficulties created by the
presence of the second element of the manorial system, the seignorial
element, which would neither fit exactly into an entirely communal
organisation nor be ousted from it[824]. The difficulty stands quite on
the same line with that which meets us in the common law manor, where
the element of the communal assessors has been ultimately suppressed and
conjured away, as it were, by legal theory. The results are
contradictory, but on the same line, as I say. And the more we go back
in time, the more we find that both elements, the lord and the
community, are equally necessary to the constitution of the court. In
the thirteenth century we find already that the manorial bailiffs are
made responsible for the judgment along with the suitors and even before
them[825].
The rolls of ancient demesne manors present a considerable variety of
types, shading off from an almost complete independence of the suitors
to forms which are not very different from those of common law manors.
Stoneleigh may be taken as a good specimen of the first class.
[The court at Stoneleigh.]
Public-domain text, read in full here on John Shaqi.
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