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
One has primarily to look for an explanation of these great privileges
to manors, which had been granted by the king to private lords. On such
lands the 'little writ' lay both when 'villain socmen' were pleading
against each other[162], and when a socman was opposed to his lord as a
plaintiff[163]. This last eventuality is, of course, the most striking
and important one. There were some disputes and some mistakes in
practice as to the operation of the rule. The judges were much exercised
over the question whether an action was to be allowed against the lord
in the king's court. The difficulty was, that the contending parties had
different estates in the land, the one being possessed of the customary
tenancy in ancient demesne, and the other of the frank fee. There are
authoritative fourteenth-century decisions to the effect that, in such
an action, the tenant had the option between going to the court at
Westminster or to the ancient demesne jurisdiction[164].
The main fact remains, that a privileged villain had 'personam standi in
judicio' against his lord, and actually could be a plaintiff against
him. Court rolls of ancient demesne manors frequently exhibit the
curious case of a manorial lord who is summoned to appear, distrained,
admitted to plead, and subjected to judgment by his own court[165]. And
as I said, one looks naturally to such instances of egregious
independence, in order to explain the affinity between privileged
villainage and freehold. The explanation would be insufficient, however,
and this for two simple reasons. The passage of the manor into the hands
of a subject only modifies the institution of ancient demesne, but does
not constitute it; the 'little writ of right' is by no means framed to
suit the exceptional case of a contention between lord and tenant; its
object is also to protect the tenants against each other in a way which
is out of the question where ordinary villainage is concerned. The two
reasons converge, as it were, in the fact that the 'little writ of
right' is suable in all ancient demesne manors without exception, that
it applies quite as much to those which remain in the crown as to those
which have been alienated from it[166]. And this leads us to a very
important deduction. If the affinity of privileged villainage and
freehold is connected with the 'little writ of right' as such, and not
merely with a particular application of it, if the little writ of right
is framed for all the manors of ancient demesne alike, the affinity of
privileged villainage and freehold is to be traced to the general
condition of the king's manors in ancient demesne[167].
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account