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 feature has been mentioned in connexion
with the doctrine of free suitors necessary to a court. But these people
are by no means free tenants; in the usual legal sense they are mostly
holding in villainage, and their freedom must be traced not to the dual
division of feudal times, but to survivals of the threefold division
which preceded feudalism, and contrasted slave, free ceorl, and military
landowner.
[Honorial Courts.]
Before concluding this chapter I have to say a few words upon those
forms of the manorial court which appear as a modification of the normal
institution. Of the ancient demesne tribunal I have already spoken, but
there are several other peculiar formations which help to bring out the
main ideas of manorial organisation, just because they swerve from it in
one sense or another. Mr. Maitland has spoken so well of one of these
variations, that I need not do anything more than refer the reader to
his pages about the Honour and its Court[845]. He has proved that it is
no mere aggregate of manors, but a higher court, constructed on the
feudal principle, that every lord who had free tenants under him could
summon them to form a court for their common dealings. It ought to be
observed, however, that the instance of Broughton, though its main basis
is undoubtedly this feudal doctrine, still appears complicated by
manorial business, which is brought in by way of appeal and evocation,
as well as by a mixture between the court of the great fief and the
halimot of Broughton.
[The soke.]
Public-domain text, read in full here on John Shaqi.
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