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
their lands in the fields at pleasure, and he seizes lands which have
been sold in this way and amerces them for selling; besides this he
makes them serve as reeves and collectors, and the bailiff of the late
Queen Eleanor tallaged them from year to year to pay twenty marks, which
they were not bound to do, because they are no villains to be tallaged
high and low[189]. Such is the substance of this remarkable document, to
which I shall have to refer again in other connexions. What I wish to
establish now is, that we have on the king's own possessions the exact
counterpart of the 'breve de monstraverunt.' The instances adduced are
perhaps the more characteristic because the petitioners had not even the
strict privilege of ancient demesne to lean upon, as one of the cases
comes from Northumberland, which is not mentioned in Domesday, and the
other concerns tenants of the honour of Richmond.
There can be no doubt that the tenantry on the ancient demesne had even
better reasons for appealing to immemorial usage, and certainly they
knew how to urge their grievances. We may take as an instance the notice
of a trial consequent upon a complaint of the men of Bray against the
Constable of Windsor. Bray was ancient demesne and the king's tenants
complained that they were distrained to do other services than they were
used to do. The judgment was in their favour[190].
The chief point is that the writ of 'Monstraverunt' appears to be
connected with petitions to the king against the exactions of his
officers, and may be said in its origin to be applicable as much to the
actual possessions of the crown as to those which had been granted away
from it. This explains a very remarkable omission in our best
authorities. Although the writ played such an important part in the law
of ancient demesne, and was so peculiar in its form and substance,
neither Bracton nor his followers mention it directly. They set down
'the little writ of right close' as the only writ available for the
villain socmen. As the protection in point of services is nevertheless
distinctly affirmed by those writers, and as the 'Monstraverunt' appears
in full working order in the time of Henry III and even of John[191],
the obvious explanation seems to be that Bracton regarded the case as
one not of writ but of petition, a matter, we might say, rather for
royal equity than for strict law. Thus both the two modes of procedure
which are distinctive of the ancient demesne, namely the 'parvum breve'
and the 'Monstraverunt,' though they attain their full development on
the manors that have been alienated, seem really to originate on manors
which are in the actual possession of the crown.
[Alienation of Royal Manors.]
Public-domain text, read in full here on John Shaqi.
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