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
The case of ancient demesne is especially interesting in this light. It
presents, as it were, an earlier and less perfect crystallisation of
society on a feudal basis than the manorial system of Common Law. It
steps in between the Saxon _soc_ and _tun_ on the one hand, and the
manor on the other. It owes to the king's privilege its existence as an
exception. The procedure of its court is organised entirely on the old
pattern and quite out of keeping with feudal ideas, as will be shown
by-and-by. Treating of it only in so far as it illustrates the law of
status, it presents in separate existence the two classes which were
fused in the system of the Common Law; villain socmen are carefully
distinguished from the villains, and the two groups are treated
differently in every way. A most interesting fact, and one to be taken
up hereafter, is the way of treating the privileged group as the normal
one. Villain socmen are _the_ men of ancient demesne; villains are the
exception, they appear only on the lord's demesne, and seem very few, so
far as we can make a calculation of numbers. Villain socmen enjoy a
certainty of condition which becomes actual tenant-right when the manor
passes from the crown into a private lord's hand. As to its origin there
can be no doubt--ancient demesne is traced back to Saxon times in as
many words and by all our authorities.
[Clues as to the condition of Saxon peasantry.]
A careful analysis of the law of ancient demesne may even give us
valuable clues to the condition of the Saxon peasantry. The point just
noticed, namely, that the number of villain socmen is exceedingly large
and quite out of proportion to that of other tenants, gives indirect
testimony that the legal protection of the tenure was not due merely to
an influx of free owners deprived of their lands by conquest. This is
the explanation given by Bracton, but it is not sufficient to account
for the privileged position of almost all the tenants within the manor.
A considerable part of them surely held before the Conquest not as
owners and not freely, but as tenants by base services, and their fixity
of tenure is as important in the constitution of ancient demesne as is
the influx of free owners. If this latter cause contributed to keep up
the standard of this status, the former cause supplied that tradition of
certainty to which ancient demesne right constantly appeals.
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