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
A second phenomenon well worth consideration is the existence in some
parts of the country of a unit of jurisdiction and management which does
not fall in with the manor,--it is called the _soke_, and comprises free
tenantry dispersed sometimes over a very wide area. A good example of
this institution is given by Mr. Clark's publication on the Soke of
Rothley in Lincolnshire[846]. We need not go into the details of the
personal status of the tenants, they clearly come under the description
of free sokemen. Our present concern is that they are not simply
arranged into the manor of Rothley as usual, but are distinguished as
forming the soke of this manor. They are rather numerous--
twenty-three--and come to the lord's court, but their services are
trifling as compared with those of the customers, and their possessions
are so scattered, that there could be no talk of their joining the
agrarian unit of the central estate. What unites them to the manor is
evidently merely jurisdiction, although in feudal theory they are
assumed to hold of the lord of Rothley. But they are set apart as
forming the soke, and this shows them clearly to be subjected to
jurisdiction rather than anything else. It is interesting to note such
survivals in the thirteenth century, and within the realm of feudal law
the case of Rothley is of course by no means the only one[847]. If we
contrast this exceptional appearance of the soke outside the manor with
the normal arrangement by which all the free tenants are fitted into the
manor, we shall come to the conclusion that originally the element of
jurisdiction over freeholders might exist separately from the management
of the estate, but that in the general course of events it was merged
into the estate and formed one of the component elements of the manorial
court. The case of Rothley is especially interesting because the men of
the soke or under the soke do not go to a court of their own, but simply
join the manorial meetings. If they are still kept apart, it is evident
that their relation to the court, and indeed to the manor, was what made
them distinct from everybody else. In short, to state the difference in
a pointed form, the other people were tenants and they were subjects.
[The Aston case.]
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