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 rolls of King's Ripton are not less explicit in this respect. People
are fined for selling land without the licence of the court, for selling
it 'outside the court[827].' The judgment depends entirely on the
verdict given by the community of suitors or its representatives the
jurors. When the parties rely on some former decision, arrangement, or
statement of law, they appeal to the rolls of the court, which, as has
been said already, present nothing else but the recorded jurisprudence
of the body of suitors[828]. The extent of the legal self-government of
this little community may be well seen in the record of a trial in which
the Abbot of Ramsey, the lord of the manor, is impleaded upon a little
writ of right by one of his tenants[829]. But it is hardly necessary to
dwell on so normal an event. I should like to take up for once the
opposite standpoint, and to show that in these very communities on the
ancient demesne elements are apparent which have thrived and developed
in ordinary manors to such an extent as to obscure their
self-government. In the Rolls of King's Ripton we might easily notice a
number of instances in which the influence of the lord makes itself felt
directly or indirectly through the means of his steward. We come, for
instance, on the following forms of pleading: An action of dower is
brought, and the defendants ask that the laws and customs hitherto used
in the court should be observed in regard to them--they have a right to
three summonses, three distraints, and three essoins, and if they make
default after that, the land ought to be taken into the lord's hand,
when, but only if it is not replevied in the course of fifteen days, it
will be lost for good and all. All these demands are granted by the
steward, with whom the decision, at least formally, rests[830]. Again,
when we hear that the whole court craves leave to defer its judgment
till the next meeting, it is clear that it rests with the steward to
grant this request[831]. We may find now and then a consideration for
the interests of the lord which transcends the limits of mere formal
right, as in a case where a certain Margery asks the court, without any
writ of right or formal action, that an inquest may be held as to a part
of her messuage which is detained in the hands of the Abbot, although
she performs the service due for it. The inquest is held, and apparently
ends in her favour, but she is directed at the same time to go and speak
with the lord about the matter. Ultimately she gets what she wants after
this private interview[832]. The proceedings are irregular and
interesting: the usual forms of action are disregarded; a verdict is
given, but the material decision is left with the lord, and is to be
sought for by private intercession. Quite close to this entry we find an
instance which is in flagrant contradiction with such a considerate
treatment of all parties. The jurors of the court are called upon to
decide a question of testament and succession.
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