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
In form it was simply an injunction on a plaint. When for some reason
right could not be obtained by the means afforded by the common law, the
injured party had to apply to the king by petition. One of the most
common cases was when redress was sought for some act of the king
himself or of his officers, when the consequent injunction to the common
law courts or to the Exchequer to examine the case invariably began with
the identical formula which gave its name to the writ by which
privileged villains complained of an increase of services; _monstravit_
or _monstraverunt N.N._; _ex parte N.N. ostensum est_:--these are the
opening words of the king's injunctions consequent upon the humble
remonstrations of his aggrieved subjects[185]. Again, we find that the
application for the writ by privileged villains is actually described as
a plaint[186]. In some cases it would be difficult to tell on the face
of the initiatory document, whether we have to do with a '_breve de
monstraverunt_' to coerce the manorial lord, or with an extraordinary
measure taken by the king with a view to settling his own
interests[187].
[The 'Monstraverunt' on the king's own land.]
And this brings me to the main point. Although the writ under discussion
seems at first sight to meet the requirement of the special case of
manors alienated from the crown, on closer inspection it turns out to be
a variation of the peculiar process employed to insist upon a right
against the crown. Parallel to the 'Monstraverunt' against a lord in the
Common Pleas we have the 'Monstraverunt' against the king's bailiff in
the Exchequer. The following mandate for instance is enrolled in the
eventful year 1265: 'Monstraverunt Regi homines castri sui de Brambur et
Schotone quod Henricus Spring constabularius castri de Brambur injuste
distringit eos ad faciendum alia servicia et alias consuetudines quam
facere consueverunt temporibus predecessorum Regis et tempore suo. Ideo
mandatum est vicecomiti quod venire etc. predictum Henricum a die Pasche
in xv dies ad respondendum Regi et predictis hominibus de predicta terra
et breve etc.'[188] There is not much to choose between this and the
enrolment of a 'breve de monstraverunt' in the usual sense beyond the
fact that it is entered on a Roll of Exchequer Memoranda. In 1292 a
mandate of King Edward I to the Barons of the Exchequer is entered in
behalf of the men of Costeseye in Norfolk who complained of divers
grievances against Athelwald of Crea, the bailiff of the manor. The
petition itself is enrolled also, and it sets forth, that whereas the
poor men of the king of the base tenure in the manor of Costeseye held
by certain usages, from a time of which memory runs no higher, as well
under the counts of Brittany as under the kings to whom the manor was
forfeited, now bailiff Athelwald distrains them to do other services
which ought to be performed by pure villains. They could sell and lease
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