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
If the privileged villainage of ancient demesne is founded on
the same causes as villainage pure and simple, the distinguishing
element of 'privilege' is supplied to it by the private interest of the
king. This seems obvious enough, but it must be insisted upon, because
it guards against any construction which would pick out one particular
set of rights, or one particular kind of relations as characteristic of
the institution. Legal practice and later theory concerned themselves
mostly with peculiarities of procedure, and with the eventuality of a
subject owning the manor. But the peculiar modes of litigation
appropriate to the ancient demesne must not be disconnected from other
immunities, and the ownership of a private lord is to be considered only
as engrafted on the original right of the king. With this preliminary
caution, we may proceed to an examination of those features which are
undoubtedly entitled to attract most attention, namely, the special
procedure which is put in action when questions arise in any way
connected with the soil of ancient demesne.
[Parvum breve de recto.]
Bracton says, that in such cases the usual assizes and actions do not
lie, and the 'little writ of right close' must be used 'according to the
custom of the manor.' The writ is a 'little and a close' one, because it
is directed by the king to the bailiffs of the manor and not to the
justices or to the sheriff[156].
It does not concern freehold estate, but only land of base though
privileged tenure. An action for freehold also may be begun in a
manorial court, but in that case the writ will be 'the writ of right
patent' and not 'the little writ of right close[157].'
Public-domain text, read in full here on John Shaqi.
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