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
I need hardly mention, after what has been said, that there is no such
thing as this distinction in the thirteenth century law books. I must
not omit, however, to refer to one expression which may be taken to
stand in the place of the later 'villain regardant to a manor.' Britton
(ii. 55) gives the formula of the special plea of villainage to the
assize of mort d'ancestor in the following words: 'Ou il poie dire qe il
est soen vileyn et soen astrier et demourrant en son villenage.' There
can be no doubt that residence on the lord's land is meant, and the term
_astrier_ leads even further, it implies residence at a particular
hearth or in a particular house. Fleta gives the assize of novel
disseisin to those who have been a long time away from their villain
hearth[53] ('extra astrum suum villanum,' p. 217). If the term 'astrier'
were restricted to villains it would have proved a great deal more than
the 'villain regardant' usually relied upon. But it is of very wide
application. Britton uses it of free men entitled to rights of common by
reason of tenements they hold in a township (i. 392). Bracton speaks of
the case of a nephew coming into an inheritance in preference to the
uncle because he had been living at the same hearth or in the same hall
(in _atrio_ or _astro_) with the former owner[54], and in such or a
similar sense the word appears to have been usually employed by
lawyers[55]. On the other hand, if we look in Bracton's treatise for
parallel passages to those quoted from the Fleta and Britton about the
villain astrier, we find only a reference to the fact that the person in
question was a serf and holding in villainage and under the sway of a
lord[56], and so there is nothing to denote special condition in the
_astrier_. When the term occurs in connexion with villainage it serves
to show that a person was not only a bondman born, but actually living
in the power of his lord, and not in a state of liberty. The allusion to
the hearth cannot possibly mean that the man sits in his own homestead,
because only a few of the villains could have been holders of separate
homesteads, and so it must mean that he was sitting in a homestead
belonging to his lord, which is quite in keeping with the application of
the term in the case of inheritance.
[The territorial hold of villainage.]
The facts we have been examining certainly suppose that in the villains
we have chiefly to do with peasants tilling the earth and dependent on
manorial organisation. They disclose the working of one element which is
not to be simply deduced from the idea of personal dependence.
Public-domain text, read in full here on John Shaqi.
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