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
According to current notions the demesnes of the crown ought not to have
been alienated at all. Although alienated by one king they were
considered as liable to be resumed by his successors[201]. And as a
matter of fact such resumptions were by no means unusual. Edward I gave
an adequate expression to this doctrine when he ordered an inquisition
into the state of the tenantry at Stoneleigh:--he did not wish any
encroachment made on the old constitution of the manor, for he had
always in mind the possibility that his royal rights would be resumed by
himself or by one of his successors[202].
[Services certain on Royal Manors.]
If we turn to the court rolls of a manor which is actually in the king's
hand and compare them with those of a manor which he has granted to some
convent or some private lord, we see hardly any difference between them.
The rolls of the manor of Havering at the Record Office, although
comparatively late, afford a good insight into the constitution of a
manor retained in the king's own hand. They contain a good many writs of
right, and though, naturally enough, the tenants do not bring actions
against the king, we find an instance in which the king brings an action
against his tenant, and pleads before a court which is held in his own
name[203]. This is good proof that the condition of the tenants was by
no means dependent on the arbitrary action of the manorial officers.
When King Henry II granted Stoneleigh to the Cistercians he displaced a
number of 'rustics' from their holdings, and while doing this he
recognised their right and enjoined the sheriff of Warwickshire to give
them an equivalent for what they had lost in consequence of the
grant[204]. The notion from which all inquiry consequent upon a
'Monstraverunt' starts is always this, that the tenants were holding by
_certain_ (i.e. by fixed) services at the time when the manor was in
the king's own hand. The certainty is not created by the fact that the
manor passes away from the king to some one else; it exists when the
land is royal land and therefore cannot be destroyed on land that has
been alienated. So true is this that Bracton and Britton give their
often cited description of privileged villainage without alluding to the
question whether or no the manor is still in the king's hand[205];
Britton even applies this description primarily to the king's own
possessions by his way of stating the law as the direct utterance of the
king's command. The well-known fact that the 'ferm' or rent of royal
manors was not always fixed, that we constantly hear of an increased
rental (_incrementum_) levied in addition to the old 'ferm' (_assisa_;
_redditus antiquitus assisus_), can be easily reconciled with this
doctrine[206]. The prosperity of the country was gradually rising; both
in agricultural communities and in towns, new tenements and houses, new
occupations and revenues were growing, and it was not the interest
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