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
either of the communities or of the lord to compress this development
within an unelastic bond. In principle the increased payments fell on
this new growth on the demesne, although this may in some cases have
been due to exactions against which the people could remonstrate only in
the name of immemorial custom, and only by way of petition since nobody
could judge the king. In principle, too, certainty of condition was
admitted as to the privileged villains on the king's demesnes[207].
[Trial of services in 'Monstraverunt'.]
This serves to explain the procedure followed by the court when a
question of services was raised by a writ of 'Monstraverunt.' The first
thing, of course, was to ascertain whether the manor was ancient demesne
or not, and for this purpose nothing short of a direct mention in
Domesday was held to be sufficient[208]. When this question had been
solved in the affirmative, a jury had to decide what the customs and
duties were, by which the ancestors of the plaintiffs held at the time
when the crown was possessed of the manor. In principle it was always
considered that such had been the services at the time of the
Conquest[209], but practically, of course, there could be no attempt to
examine into such ancient history. The men of King's Ripton actually
pleaded back to the time of King Cnut, and maintained that no
prescription was available against their rights as no prescription could
avail against the king[210]. The courts naturally declined to go higher
than men could remember, but they laid down this limitation entirely as
one of practice and not of principle[211]. Metingham demanded that the
claimants should make good their contention even for a single day in
Richard Coeur de Lion's time[212]. The men of Wycle combine both
assertions in their contention against Mauger; they appeal to the age of
the first Norman kings, but offer to prove the certainty of their
services in the reigns of Richard and John[213].
[Nature of tenancy in ancient demesne.]
Now all that has been said hitherto applied to 'the tenants in ancient
demesne' indiscriminately, without regard to any diversity of classes
among them. Hitherto I have not noticed any such diversity, and in so
doing I am warranted by the authorities. Those authorities commonly
speak of 'men' or 'tenants in ancient demesne' without any further
qualification[214]. Sometimes the expression 'condition of ancient
demesne' also is used. But closer examination shows a variety of classes
on the privileged soil, and leads to a number of difficult and
interesting problems.
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