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
services, and sued by writ of 'Monstraverunt' instead of having the
writs of right and 'Monstraverunt' of ancient demesne socage[227].
Probably what is meant is a species of copyhold which is not socage, and
the writ of 'Monstraverunt' attributed to it may perhaps be the plaint
or petition which is the initial move in a suit for the protection of
copyhold in the manorial court.
[Villain socage.]
In the time of Henry III and of the Edwards the nature of ancient
demesne tenure was better understood. At the close of the thirteenth
century the lawyers distinguish three kinds of men--free, villains, and
socmen[228]. In order to be quite accurate people spoke of _villain
socmen_ or _little socage_[229] in opposition to free. But even at that
time there were several confusing features about the case. The certainty
of condition made the tenure of the villain socmen so like a freehold
that it was often treated as such in the manorial documents. In the
Stoneleigh Register the peculiar nature of socage in ancient demesne is
described fully and clearly. It is distinguished in so many words from
tenancy at will, and a detailed description of conveyance by surrender
in contrast with conveyance by charter seems to give the necessary
material for the distinction between it and freehold[230]. But still the
fundamental notion of free men holding in villainage gets lost sight
of. Only some of the cottiers are said to hold in villainage. The more
important tenants, the socmen holding virgates and half-virgates, are
not only currently described as freeholders in the Register, but they
are entered as such on the Warwickshire Hundred Roll[231]. The term
'parva sokemanria' is applied in the Stoneleigh Register only to a few
subordinate holdings which are undoubtedly above the level of pure
villainage, but cannot be definitely distinguished from the other kinds
of socage in the Register. This may serve as an indication of the
tendency of manorial communities to consider privileged villainage as a
free tenure, but legal pleadings and decisions were also creating
confusion for another reason, because they tended, as has been said, to
consider the whole body of men on the ancient demesne in one lump as it
were. The courts very often applied as the one test of tenure and
service the question whether a person was a descendant by blood of men
of ancient demesne or a stranger[232]. In connexion with this the court
rolls testify to the particular care taken to control any intrusion of
strangers into the boundaries of a privileged manor[233]. This was done
primarily in the interests of the lord, but the tenantry also seem to
have sometimes been jealous of their prerogatives[234], and it is only
in the course of the fourteenth century that they begin to open their
gates to strangers, 'adventicii[235].' However this may be, the practice
of drawing the line between native stock and strangers undoubtedly
countenanced the idea that all the tenants of native stock were alike,
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