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
was not a unit in the governmental system; the county was such a unit,
so was the hundred. So again was the vill, for the township had many
police duties to perform; it was an amerciable, punishable unit; not so
the manor, unless it coincided with the vill[853].' And then he proceeds
to suggest that the true explanation of the manor is that it represents
an estate which could be and was administered as a single economic and
agrarian whole. I am unable to follow him entirely as to this last
point, because it seems pretty clear that the open field arrangements
followed the division into townships, and not those into manors. From
the point of view of the services, of the concentration of duties of the
tenantry in regard to the lord, the manor was a whole, and for this very
reason it was a whole as regards geldability, but this is only one side
of the economic structure of society, the upper side, if one may be
allowed to say so. The arrangement of actual cultivation is the other
side, and it is represented by the township with its communal open
fields. Now in a great many cases the estate and the community fitted
into each other; and of these instances there is no need to speak any
further. But if both did not fit, the agrarian unity is the township and
not the manor. The open field system appears in this connexion as
outside the manor, and proceeding from the rural community by itself.
Let us sum up the results obtained in this chapter.
1. The village communities contained in the manorial system are
organised on a system of self-government which affords great help to the
lord in many ways, but certainly limits his power materially, and
reduces him to the position of a constitutional ruler.
2. The original court of the manor was one and the body of its suitors
was one. The distinction between courts for free tenants and customary
courts grows up very gradually in the fourteenth century, and later.
3. The steward was not the only judge of the halimot. The judgment came
from the whole court, and its suitors, without distinction of class,
were necessary judicial assessors.
4. The court of ancient demesne presents the same elements as the
ordinary halimot, although it lays greater stress on the communal side
of the organisation.
5. The conveyancing entries on the rolls do not prove the want of right
on the part of the peasant holders. On the contrary, they go back to
very early communal practice.
6. The rule which makes the existence of the manor dependent on the
existence of free suitors is derived from the conception of the court as
a court of free and lawful men, taking in villains and excluding slaves.
7. The manor by itself is the estate; the rural community and the
jurisdiction of the soke are generally fused with it into one whole; but
in some cases the two latter elements are seen emerging as independent
growths from behind the manorial organisation.
CHAPTER VI.
THE MANOR AND THE VILLAGE COMMUNITY.
_Conclusions._
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