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 peculiarity of the case is that a third person has an interest to
prove that the man claimed as villain had been as a free man. Usually
there were but two parties in the contest about status; the lord pulling
one way and the person claimed pulling the other way, but, through the
influence of the Statute of Labourers, in our case lord and labourer
were at one against a third party, the labourer's employer. The
acknowledgment of villainage by the servant did not settle the question,
because, though binding for the future, it was not sufficient to show
that villainage had existed in the past, that is at the time when the
contract of hire and service was broken through the interference of the
lord. Everything depended on the settlement of one question--was the
lord seised at the time, or not? Both parties agree that the lord was
not actually seised of the person, both agree that he was seised of the
manor, and both suppose that if the person had as a matter of fact been
attached to the manor it would have amounted to a seisin of the person.
And so the contention is shifted to this point: can a man be claimed
through the medium of a manor, if he has not been actually living,
working and serving in it? The court assumes the possibility, and so the
parties appeal to the country to decide whether in point of fact Ralph
Crips the shepherd had been in legal if not in actual connexion with the
manor, i.e. could be traced to it personally or through his relatives.
[Results as to 'villain regardant' and 'villain in gross.']
The case is interesting in many ways. It shows that the same man could
be according to the point of view considered both as a villain in regard
to a manor, and as a villain in gross. The relative character of the
classification is thus illustrated as well as its importance for
practical purposes. The transmission of a manor is taken to include the
persons engaged in the cultivation of its soil, and even those whose
ancestors have been engaged in such cultivation, and who have no special
plea for severing the connexion.
As to the outcome of the whole inquiry, we may, it seems to me, safely
establish the following points: 1. The terms 'regardant' and 'in gross'
have nothing to do with a legal distinction of status. 2. They come up
in connexion with the modes of proof and pleading during the fourteenth
century. 3. They may apply to the same person from different points of
view. 4. 'Villain in gross' means a villain without further
qualification; 'villain regardant to a manor' means villain by reference
to a manor. 5. The connexion with a manor, though only a matter of fact
and not binding the lord in any way, might yet be legally serviceable to
him, as a means of establishing and proving his rights over the person
he claimed.
[The astrier.]
Public-domain text, read in full here on John Shaqi.
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