Villainage in England: Essays in English Mediaeval History — John Shaqi
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
manor to which a villain belonged begins however to come in during the
reign of Edward II, and the terminology is by no means settled at the
outset; expressions are often used as equivalent to 'regardant' which
could hardly have misled later antiquaries as to the meaning of the
qualification[48]. In a case of 1322, for instance, we have 'within the
manor' where we should expect to find 'regardant to the manor[49].' This
would be very nearly equivalent to the Latin formula adopted by the Plea
Rolls, which is simply _ut de manerio_[50]. Every now and then cases
occur which gradually settle the terminology, because the weight of
legal argumentation in them is made to turn on the fact that a
particular person was connected with a particular manor and not with
another. A case from 1317 is well in point. B.P. the defendant excepts
against the plaintiff T.A. on the ground of villainage (_qil est nostre
vileyn_, and nothing else). The plaintiff replies that he was
enfranchised by being suffered to plead in an assize of mort d'ancestor
against B.P.'s grandmother. By this the defendant's counsel is driven to
maintain that his client's right against T.A. descended not from his
grandmother but from his grandfather, who was seised of the manor of H.
to which T.A. belonged as a villain[51]. The connexion with the manor is
adduced to show from what quarter the right to the villain had
descended, and, of course, implies nothing as to any peculiarity of this
villain's status, or as to the kind of title, the mode of acquiring
rights, upon which the lord relies--it was ground common to both parties
that if the lord had any rights at all he acquired them by inheritance.
[Prior of the Hospitalers _v._ Thomas Barentyn and Ralph Crips.]
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