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
Another difficulty arises from the fact that the law of this period was
fashioned by kings of French origin and lawyers of Norman training.
What share is to be assigned to their formal influence? and what share
comes from that old stock of ideas and facts which they could not or
would not destroy? We may hesitate as to details in this respect. It is
possible that the famous paragraph of the so-called Laws of William the
Conqueror, prescribing in general terms that peasants ought not to be
taken from the land or subjected to exactions[247], is an insertion of
the Norman period, although the great majority of these Laws are Saxon
gleanings. It is likely that the notion of _wainage_ was worked out
under the influence of Norman ideas; the name seems to show it, and
perhaps yet more the fact that the plough was specially privileged in
the duchy. It is to be assumed that the king, not because he was a
Norman but because he was a king, was interested in the welfare of
subjects on whose back the whole structure of his realm was resting. But
the influence of the strangers went broadly against the peasantry, and
it has been repeatedly shown that Norman lawyers were prompted by
anything but a mild spirit towards them. The _Dialogus de Scaccario_ is
very instructive on this point, because it was written by a royal
officer who was likely to be more impartial than the feudatories or any
one who wrote in their interest would be, and yet it makes out that
villains are mere chattels of their lord, and treats them throughout
with the greatest contempt. And so, speaking generally, it is to the
times before the Conquest that the stock of liberty and legal
independence inherent in villainage must be traced, even if we draw
inferences merely on the strength of the material found on this side of
the Conquest. And when we come to Saxon evidence, we shall see how
intimately the condition of the ceorl connects itself with the state of
the villain along the main lines and in detail.
[Ancient demesne.]
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