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
himself and not as to others. The marginal note in the Note-book very
appropriately protests against such a view, which is certainly quite
inconsistent with later practice[136]. Such flagrant contradictions
between authorities which are separated barely by some sixty or seventy
years, and on points of primary importance too, can only tend to
strengthen the inference previously drawn from other facts--that the law
on the subject was by no means square and settled even by the time of
Bracton, but was in every respect in a state of transition.
CHAPTER III.
ANCIENT DEMESNE.
[Definition.]
The old law books mention one kind of villainage which stands out in
marked contrast with the other species of servile tenure. The peasants
belonging to manors which were vested in the crown at the time of the
Conquest follow a law of their own. Barring certain exceptions, of which
more will be said presently, they enjoy a certainty of condition
protected by law. They are personally free, and although holding in
villainage, nobody has the right to deprive them of their lands, or to
alter the condition of the tenure, by increasing or changing the
services. Bracton calls their condition one of privileged villainage,
because their services are base but certain, and because they are
protected not by the usual remedies supplied at common law to free
tenants, but by peculiar writs which enforce the custom of the
manor[137]. It seems well worth the while to carefully investigate this
curious case with a view to get at the reasons of a notable deviation
from the general course, for such investigation may throw some reflected
light on the treatment of villainage in the common law.
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