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 side of privilege is not less conspicuous. The indications given by
the law books must be largely supplemented from plea rolls and
charters. The special favour shown to the population on soil of ancient
demesne extends much further than a regulation of manorial duties would
imply, it resolves itself to a large extent into an exemption from
public burdens. The king's manor is treated as a franchise isolated from
the surrounding hundred and shire, its tenants are not bound to attend
the county court or the hundred moot[146], they are not assessed with
the rest for danegeld or common amercements or the murder fine[147],
they are exempted from the jurisdiction of the sheriff[148], and do not
serve on juries and assizes before the king's justices[149]; they are
free from toll in all markets and custom-houses[150]. Last, but not
least, they do not get taxed with the country at large, and for this
reason they have originally no representatives in parliament when
parliament forms itself. On the other hand, they are liable to be
tallaged by the king without consent of parliament, by virtue of his
private right as opposed to his political right[151]. This last
privilege gave rise to a very abnormal state of things, when ancient
demesne land had passed from the crown to a subject. The rule was, that
the new lord could not tallage his tenants unless in consequence of a
royal writ, and then only at the same time and in the same proportion as
the king tallaged the demesnes remaining in his hand[152]. This was an
important limitation of the lord's power, and a consequence of the wish
to guard against encroachments and arbitrary acts. But it was at the
same time a curious perversion of sovereignty:--the person living on
land of this description could not be taxed with the county[153], and if
he was taxed with the demesnes, his lord received the tax, and not the
sovereign. I need not say that all this got righted in time, but the
anomalous condition described did exist originally. There are traces of
a different view by which the power of imposing tallage would have been
vested exclusively in the king, even when the manor to be taxed was one
that had passed out of his hand[154]. But the general rule up to the
fourteenth century was undoubtedly to relinquish the proceeds to the
holder of the manor. Such treatment is eminently characteristic of the
conception which lies at the bottom of the whole institution of ancient
demesne. It is undoubtedly based on the private privilege of royalty.
All the numerous exceptions and exemptions from public liabilities and
duties flow from one source: the king does not want his land and his
men to be subjected to any vexatious burdens which would lessen their
power of yielding income[155]. Once fenced in by royal privilege, the
ancient demesne manor keeps up its private immunity, even though it
ceases to be royal. And this is the second fact, with which one has to
reckon.
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