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
independent position of the tenant as a person who has rights against
all men which is manifested in the _parvum breve_[178]. It is not
without interest to notice in this connexion that the _parvum breve_ is
sometimes introduced in the law books, not as a restriction put upon the
tenant, nor as the outcome of villainage, but as a boon which provides
the tenant with a plain form of procedure close at hand instead of the
costly and intricate process before the justices[179].
[Breve de 'Monstraverunt'.]
If protection against the lord had been the only object of the procedure
in cases of ancient demesne, one does not see why there should be a
'little writ' at all, as there was a remedy against the lord's
encroachments in the writ of 'Monstraverunt,'[180] pleaded before the
king's justices. As it is, the case of disseisin by the lord, to whom
the manor had come from the crown, was treated simply as an instance of
disseisin, and brought under the operation of the writ of right, while
the 'Monstraverunt' was restricted to exaction of increased services and
change of customs[181]. The latter writ was a very peculiar one, in fact
quite unlike any other writ. The common-law rule that each tenant in
severalty has to plead for himself did not apply to it; all join for
saving of charges, albeit they be several tenants[182]. What is more,
one tenant could sue for the rest and his recovery profited them all; on
the other hand, if many had joined in the writ and some died or
withdrew, the writ did not abate for this reason, and even if but one
remained able and willing to sue he could proceed with the writ[183].
These exceptional features were evidently meant to facilitate the action
of humble people against a powerful magnate[184]. But it seems to me
that the deviation from the rules governing writs at common law is to
be explained not only by the general aim of the writ, but also by its
origin.
[Petition.]
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