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 first proposition does not admit of doubt. It was of quite common
occurrence that the land of one village should be broken up between
several manors, although its open field system and all its husbandry
arrangements remained undivided. The question arises, how was that
system to work? There could be express agreement between the
owners[849]; ancient custom and the interference of manorial officers
chosen from the different parts could help on many occasions. But it is
impossible to suppose, in the light of the Bampton instance, that
meetings might not sometimes exist in such divided villages which took
into their hands the management of the many economic questions arising
out of common husbandry: questions about hedges, rotation of crops,
commonable animals, usage as to wood, moor, pasture, and so forth. A
diligent search in the customs of manors at a later period, say in the
sixteenth and seventeenth centuries, must certainly disclose a number of
similar instances. Our own material does not help us, because it passes
over questions of husbandry, and touches merely jurisdiction, ownership,
and tenant-right. And so we must restrict ourselves to notice the
opening for an inquiry in that direction.
[Township and Manor.]
Such an inquiry must also deal with the converse possibility, namely,
the cases in which the manor is so large that several village units fit
into it. We may find very frequently in some parts of the country large
manors which are composed of several independent villages and
hamlets[850]. On large tracts of land these villages would form separate
open field groups. Although the economic evidence is not within our
reach in early times, we have indications of separate village meetings
under the manorial court even from the legal point of view taken by the
court-rolls. In several instances the entries printed in the second
volume of the Selden Society publications point to the action of
townships as distinct from the manorial court, and placed under it. In
Broughton a man distrained for default puts himself on the verdict of
the whole court and of the township of Hurst, both villains and freemen,
that he owes no suit to the court of Broughton, save twice a year and to
afforce the court. Be it noted that the court of Hurst is distinguished
from the township, which appears subordinated to it, probably because
there were other townships in the manor of Hurst. At the same time the
township is called upon to act as an independent unit in the matter.
Even so in the rolls of Hemingford, the township which forms the centre
of the manor and gives its name to it, is sometimes singled out from the
rest of the court as an organised corporation[851]. When township and
tithing coincided, as in the case of Brightwaltham, the tithing gets
opposed to the general court in the same way[852]. Altogether the
corporate unity of townships is well perceivable behind the feudal
covering of the manor. Mr. Maitland says with perfect right, 'the manor
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