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
These notions are by no means abstractions bereft of practical import.
Quite in keeping with them, manorial lords could remove peasants from
their holdings at their will and pleasure. An appeal to the courts was
of no avail: the lord in reply had only to oppose his right over the
plaintiff's person, and to refuse to go into the subject-matter of the
case[35]. Nor could the villain have any help as to the amount and the
nature of his services[36]; the King's Courts will not examine any
complaint in this respect, and may sometimes go so far as to explain
that it is no business of theirs to interfere between the lord and his
man[37]. In fact any attempt on the part of the dependant to assert
civil rights as to his master will be met and defeated by the 'exceptio
villenagii[38].' The state refuses to regulate the position of this
class on the land, and therefore there can be no question about any
legal 'ascription' to the soil. Even as to his person, the villain was
liable to be punished and put into prison by the lord, if the punishment
inflicted did not amount to loss of life or injury to his body[39]. The
extant Plea Rolls and other judicial records are full of allusions to
all these rights of the lord and disabilities of the villain, and it
must be taken into account that only an infinitely small part of the
actual cases can have left any trace in such records, as it was almost
hopeless to bring them to the notice of the Royal Courts[40].
[Identification with Roman slavery.]
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