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
It may well be asked why the destructive effects of Norman victory were
arrested on ancient demesne soil? Was not the king as likely to exercise
his discretion in respect of the peasantry as any feudal lord, and is it
likely that he would have let himself be fettered by considerations and
obligations which did not bind his subjects? In view of such questions
one is tempted to treat the protection of the tenants on the ancient
demesne merely as a peculiar boon granted to the people whom the king
had to give away. I need not say that such an interpretation would be
entirely wrong. I hope I have been able to make out convincingly that
legal protection given against private lords on manors which had been
alienated was only an outgrowth from that certainty of condition which
was allowed on the king's own lands. I will just add now that one very
striking fact ought to be noticed in this connexion; certainty of tenure
and service is limited to one particular class in the manor, although
that class is the most numerous one. If this privilege came into being
merely by the fixation of status at the time when a manor passed from
the crown, the state of the villain pure would have got fixed in the
same way as that of the villain socman. But it did not, and so one
cannot shirk the difficult question, What gave rise to the peculiar
protection against the lord when the lord happened to be king?
I think that three considerations open the way out of the difficulty. To
begin with, the king was decidedly considered as the one great safeguard
of Saxon tradition and the one defender against Norman encroachments. He
had constantly to hear the cry about 'the laws of Edward the Confessor,'
and although the claim may be considered as a very vague one in general
matters, it became substantiated in this case of tenure and services by
the Domesday record. Then again, the proportion of free owners who had
lapsed into territorial dependence must have been much greater on the
king's land than anywhere else; it was quite usual to describe an
allodial owner from the feudal point of view as holding under the king
in a particular way, and villain socage was only one of several kinds of
socage after all. Last, but not least, the protection against exactions
was in reality directed not against the king personally but against his
officers, and the king personally was quite likely to benefit by it
almost as much as his men. It amounted after all only to a recognition
of definite customs in general, to a special judicial organisation of
the manor which made it less dependent upon the steward, and to the
facilities afforded for complaint and revision of judgments. As to this
last it must be noted that the king's men were naturally enough in a
better position than the rest of the English peasantry; the curse of
villainage was that manorial courts were independent of superior
organisation as far as the lower tenants were concerned. But courts in
Public-domain text, read in full here on John Shaqi.
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