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
It is not asserted that
free suitors are necessary only in those cases where free tenants are
concerned--it is the court as such which depends on the existence of
such free suitors, the court which has largely, if not mostly, to deal
with customary business, and consists to a great extent of customary
tenants. And, curiously enough, when the court baron disengages itself
from the halimot, the rule as to suitors, instead of applying in a
special way to this court baron, for which it seems particularly fitted,
extends to the notion of the manor itself, so that we are driven to ask
why the manor is assumed to contain a certain number of free tenants and
a court for them. Why is its existence denied where these elements are
wanting? Reverting to the thirteenth century, we have to state similar
puzzling questions: thus if one turns to the manorial surveys of the
time, the freehold element seems to be relatively insignificant and more
or less severed from the community; if one takes up the manorial rolls,
the halimot is there with the emphatically expressed features and even
the name of a court of villains; but when the common law is concerned,
this same tribunal appears as a court of freeholders. The manors of the
Abbey of Bec on English soil contained hardly any freeholders at all.
Had the Abbey no courts? Had it no manors from the standpoint of Coke's
theory? What were the halimots whose proceedings are recorded in the
usual way on its manorial rolls? In presence of these flagrant
contradictions I cannot help thinking that we here come across one of
those interesting points where the two lines of feudal doctrine do not
meet, and where different layers of theory may be distinguished.
[Free suitors and freeholders.]
Public-domain text, read in full here on John Shaqi.
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