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
They say that none of
them was present when the testament was made, and that they know nothing
about it, and will say nothing about it. 'And so leaving their business
undone, and in great contempt of the lord and of his bailiffs, they
leave the court. And therefore it is ordered that the bailiffs do cause
to be levied a sum of 40 s. to the use of the lord from the property of
the said jurors by distress continued from day to day[833].' This case
may stand as a good example both of the sturdy self-will which the
peasantry occasionally asserted in their dealings with the lord, and of
the opportunities that the lord had of asserting his superiority in a
very high-handed manner.
But we need not even turn to any egregious instances in which the lord's
power is thus displayed. The usual forms of surrender are there to show
that, as regards origins, we have the same thing here as in ordinary
manors, although the peculiarities of the ancient demesne have brought
forward the features of communal organisation in a very marked way, and
have held the element of lordship in check.
[Free suitors in the halimot.]
We have seen that there was only one halimot in the thirteenth and the
preceding centuries, and that the division into customary court and
court baron developed at a later time. We have seen, secondly, that this
halimot was a meeting of the community under the presidency of the
steward, and that the relative functions of community and steward became
very distinct only in later days. It remains to be seen how far the
fundamental class division between free tenants and villains affected
the management of the court. As there was but one halimot and not two,
both classes had to meet and to act concurrently in it. The free people
now and then assert separate claims: a chaplain wages his law on the
manor of Brightwaltham that he did not defame the lord's butler, but
when he gets convicted by a good inquest of jurors of having broken the
lord's hedges and carried away the lord's fowls, he will not justify
himself of these trespasses and departs in contempt, doubtless because
he will not submit to the judgment of people who are not on a par with
him[834]. Freeholders object to being placed on ordinary juries of the
manor[835], although they will serve as jurors on special occasions, and
as a sort of controlling body over the common presenters[836].
Amercements are sometimes taxed by free suitors[837]. But although some
division is apparent in this way, and the elements for a separation into
two distinct courts are gathering, the normal condition is one which
does not admit of any distinction between the two classes. We come here
across the same peculiarity that we have seen in police and criminal
law, namely, that the fundamental line of civil condition seems
disregarded. Even when a court is mainly composed of villains, and in
fact called curia villanorum, some of its suitors may be
freeholders[838]. Even in a court composed of free people, like that of
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