Still we take it that for one most important purpose the villein's land

is the lord's land:--the lord must answer for the geld that is due from

it. Not that the burden falls ultimately on the lord. On the contrary,

it is not unlikely that he makes his villeins pay the geld that is due

from his demesne land; it is one of their services that they must

'defend their lord's inland' against the geld. But over against the

state the lord represents as well the land of his villeins as his own

demesne land. From the great levy of 1084 the demesne lands of the

barons had been exempted[176], but no doubt they had been responsible

for the tax assessed on the lands held by their _villani_. We much doubt

whether the collectors of the geld went round to the cottages of the

villeins and demanded here six pence and there four pence; they

presented themselves at the lord's hall and asked for a large sum. Nay,

we believe that very often a perfectly free tenant paid his geld to his

lord, or through his lord[177]. Hence arrangements by which some hides

were made to acquit other hides; such, for example, was the arrangement

at Tewkesbury; there were fifty hides which had to acquit the whole

ninety-five hides from all geld and royal service[178]. And then it

might be that the lord, enjoying a special privilege, was entitled to

take the geld from his tenants and yet paid no geld to the king; thus

did the canons of St. Petroc in Cornwall[179] and the monks of St.

Edmund in Suffolk[180]. But as regards lands occupied by villeins, the

king, so it seems to us, looks for his geld to the lord and he does not

look behind the lord. This is no detail of a fiscal system. A potent

force has thus been set in motion. He who pays for land,--it is but fair

that he should be considered the owner of that land. We have a hint of

this principle in a law of Cnut:--'He who has "defended" land with the

witness of the shire, is to enjoy it without question during his life

and on his death may give or sell it to whom he pleases[181].' We have

another hint of this principle in a story told by Heming, the monk of

Worcester:--in Cnut's time but four days of grace were given to the

landowner for the payment of the geld; when these had elapsed, anyone

who paid the geld might have the land[182]. It is a principle which, if

it is applied to the case of lord and villein, will attribute the

ownership of the land to the lord and not to the villein.

[The villein's services.]

And then we would ask: What services do the villeins render? A deep

silence answers us, and as will hereafter be shown, there are many

reasons why we should not import the information given us by the

monastic cartularies, even such early cartularies as the Black Book of

Peterborough, into the days of the Confessor. No doubt the villeins

usually do some labour upon the lord's demesne lands. In particular they

help to plough it. A manor, we can see, is generally so arranged that

the ratio borne by the demesne oxen to the demesne land will be smaller

than that borne by the villeins' oxen to the villeins' land. Thus, to

give one example out of a hundred, in a Somersetshire manor the lord has

four hides and three teams, the villeins have two hides and three

teams[183]. But then the lord gets some help in his agriculture from

those who are undoubtedly free tenants. The teams of the free tenants

are often covered by the same phrase that covers the teams of the

villeins[184]. Radknights who are _liberi homines_ plough and harrow at

the lord's court[185]. The very few entries which tell us of the labour

of the villeins are quite insufficient to condemn the whole class to

unlimited, or even to very heavy work. On a manor in Herefordshire there

are twelve bordiers who work one day in the week[186]. On the enormous

manor of Leominster there are 238 _villani_ and 85 _bordarii_. The

_villani_ plough and sow with their own seed 140 acres of their lord's

land and they pay 11 pounds and 52 pence[187]. On the manor of Marcle,

which also is in Herefordshire, there are 36 _villani_ and 10 _bordarii_

with 40 teams. These _villani_ plough and sow with their own seed 80

acres of wheat and 71 of oats[188]. At Kingston, yet another manor in

the same county, 'the _villani_ who dwelt there in King Edward's day

carried venison to Hereford and did no other service, so says the

shire[189].' On one Worcestershire manor of Westminster Abbey 10

villeins and 10 bordiers with 6 teams plough 6 acres and sow them with

their own seed; on another 8 villeins and 6 bordiers with 6 teams do the

like by 4 acres[190]. This is light work. Casually we are told of

burgesses living at Tamworth who have to work like the other villeins of

the manor of Drayton to which they are attached[191], and we are told of

men on a royal manor who do such works for the king as the reeve may

command[192]; but, curiously enough, it is not of any villeins but of

the Bishop of Worcester's riding men (_radmanni_) that it is written

'they do whatever is commanded them[193].'

[Money rents paid by villeins.]

With our thirteenth century cartularies before us, we might easily

underrate the amount of money that was already being paid as the rent of

land at the date of the Conquest. In several counties we come across

small groups of _censarii_, _censores_, _gablatores_ who pay for their

land in money, of _cervisarii_ and _mellitarii_ who bring beer and

honey. Renders in kind, in herrings, eels, salmon are not uncommon, and

sometimes they are 'appreciated,' valued in terms of money. The pannage

pig or the grass swine, which the villeins give in return for mast and

herbage, is often mentioned. Throughout Sussex it seems to be the custom

that the lord should have 'for herbage' one pig from every villein who

has seven pigs[194]. But money will be taken instead of swine, oxen or

fish[195]. The _gersuma_, the _tailla_, the theoretically free gifts of

the tenants, are sums of money. But often enough the _villanus_ is

paying a substantial money rent. We have seen how at Leominster villeins

plough and sow 140 acres for their lord and pay a rent of more than

£11[196]. At Lewisham in Kent the Abbot of Gand has a manor valued at

£30; of this £2 is due to the profits of the port while two mills with

'the gafol of the rustics' bring in £8. 12_s._[197] Such entries as the

following are not uncommon--there is one villein rendering

30_d._[198]--there is one villein rendering 10_s._[199]--46 _cotarii_

with one hide render 30 shillings a year[200]--the villeins give 13_s._

4_d._ by way of _consuetudo_[201]. No doubt it would be somewhat rare to

find a villein discharging all his dues in money--this is suggested when

we are told how on the land of St. Augustin one Wadard holds a large

piece 'de terra villanorum' and yet renders no service to the abbot save

30_s._ a year[202]. At least in one instance the villeins seem to be

holding the manor in farm, that is to say, they are farming the demesne

land and paying a rent in money or in provender[203]. We dare not

represent the stream of economic history as flowing uninterruptedly from

a system of labour services to a system of rents. We must remember that

in the Conqueror's reign the lord very often had numerous serfs whose

whole time was given to the cultivation of his demesne. In the

south-western counties he will often have two, three or more serfs for

every team that he has on his demesne, and, while this is so, we can not

safely say that his husbandry requires that the villeins should be

labouring on his land for three or four days in every week.

[The English for _villanus_.]

As a last question we may ask: What was the English for _villanus_? It

is a foreign word, one of those words which came in with the Conqueror.

Surely, we may argue, there must have been some English equivalent for

it. Yet we have the greatest difficulty in finding the proper term. True

that in the Quadripartitus and the Leges _villanus_ generally represents

_ceorl_; _ceorl_ when it is not rendered by _villanus_ is left

untranslated in some such form as _cyrliscus homo_. But then _ceorl_

must be a wider word than the _villanus_ of Domesday Book, for it has

to cover all the non-noble free men; it must comprehend the numerous

_sochemanni_ and _liberi homines_ of northern and eastern England. This

in itself is not a little remarkable; it makes us suspect that some of

the lines drawn by Domesday Book are by no means very old; they can not

be drawn by any of those terms that have been current in the Anglo-Saxon

dooms or which still are current in the text-books that lawyers are

compiling. To suppose that _villanus_ is equivalent to _gebúr_ is

impossible; we have the best warrant for saying that the Latin for

_gebúr_ is not _villanus_ but _colibertus_[204]. Nor can we hold that

the _villanus_ is a _geneat_. In the last days of the old English

kingdom the _geneat_, the 'companion,' the 'fellow,' appears as a

horseman who rides on his lord's errands; we must seek him among the

_radmanni_ and _rachenistres_ and _drengi_ of Domesday Book[205]. We

shall venture the guess that when the Norman clerks wrote down

_villanus_, the English jurors had said _túnesman_. As a matter of

etymology the two words answer to each other well enough; the _villa_ is

the _tún_, and the men of the _villa_ are the men of the _tún_. In the

enlarged Latin version of the laws of Cnut, known as Instituta Cnuti,

there is an important remark:--tithes are to be paid both from the lands

of the thegn and from the lands of the villeins--'tam de dominio

liberalis hominis, id est þegenes, quam de terra villanorum, id est

tuumannes (_corr._ tunmannes)[206].' Then in a collection of dooms known

as the Northumbrian Priests' Law there is a clause which orders the

payment of Peter's pence. If a king's thegn or landlord (_landrica_)

withholds his penny, he must pay ten half-marks, half to Christ, half to

the king; but if a _túnesman_ withholds it, then let the landlord pay it

and take an ox from the man[207]. A very valuable passage this is. It

shows us how the lord is becoming responsible for the man's taxes: if

the tenant will not pay them, the lord must. It is then in connexion

with this responsibility of the lord that the term _townsman_ meets us,

and, if we mistake not, it is the lord's responsibility for geld that is

the chief agent in the definition of the class of _villani_. The

pressure of taxation, civil and ecclesiastical, has been forming new

social strata, and a new word, in itself a vague word, is making its way

into the vocabulary of the law[208].

[Summary.]

The class of villeins may well be heterogeneous. It may well contain (so

we think) men who, or whose ancestors, have owned the land under a

political supremacy, not easily to be distinguished from landlordship,

that belongs to the king; and, on the other hand, it may well contain

those who have never in themselves or their predecessors been other than

the tenants of another man's soil. In some counties on the Welsh march

there are groups of _hospites_ who in fact or theory are colonists whom

the lord has invited onto his land[209]; but this word, very common in

France, is not common in England. Our record is not concerned to

describe the nature or the origin of the villein's tenure; it is in

quest of geld and of the persons who ought to be charged with geld, and

so it matters not whether the lord has let land to the villein or has

acquired rights over land of which the villein was once the owner.

Therefore we lay down no broad principle about the rights of the

villein, but we have suggested that taken in the mass the _villani_ of

the Confessor's reign were far more 'law-worthy' than were the _villani_

of the thirteenth century. We can not treat either the legal or the

economic history of our peasantry as a continuous whole; it is divided

into two parts by the red thread of the Norman Conquest. That is a

catastrophe. William might do his best to make it as little of a

catastrophe as was possible, to insist that each French lord should have

precisely the same rights that had been enjoyed by his English

_antecessor_; it may even be that he endeavoured to assure to those who

were becoming _villani_ the rights that they had enjoyed under King

Edward[210]. Such a task, if attempted, was impossible. We hear indeed

that the English 'redeemed their lands,' but probably this refers only

to those English lords, those thegns or the like, who were fortunate

enough to find that a ransom would be accepted[211]. We have no warrant

for thinking that the peasants, the common 'townsmen,' obtained from

the king any covenanted mercies. They were handed over to new lords, who

were very free in fact, if not in theory, to get out of them all that

could be got without gross cruelty.

[Depression of the villeins.]

We are not left to speculate about this matter. In after days those who

were likely to hold a true tradition, the great financier of the

twelfth, the great lawyer of the thirteenth century, believed that there

had been a catastrophe. As a result of the Conquest, the peasants, at

all events some of the peasants, had fallen from their free estate; free

men, holding freely, they had been compelled to do unfree services[212].

But if we need not rely upon speculation, neither need we rely upon

tradition. Domesday Book is full of evidence that the tillers of the

soil are being depressed.

[The Normans and the peasants.]

Here we may read of a free man with half a hide who has now been made

one of the villeins[213], there of the holder of a small manor who now

cultivates it as the farmer of a French lord _graviter et

miserabiliter_[214], and there of a sokeman who has lost his land for

not paying geld, though none was due[215]; while the great Richard of

Tonbridge has condescended to abstract a virgate from a villein or a

villein from a virgate[216]. But, again, it is not on a few cases in

which our record states that some man has suffered an injustice that we

would rely. Rather we notice what it treats as a quite common event.

Free men are being 'added to' manors to which they did not belong. Thus

in Suffolk a number of free men have been added to the manor of

Montfort; they pay no 'custom' to it before the Conquest, but now they

pay £15; Ælfric who was reeve under Roger Bigot set them this

custom[217]. Hard by them were men who used to pay 20 shillings, but

this same Ælfric raised their rent to 100 shillings[218]. 'A free man

held this land and could sell it, but Waleran father of John has added

him to this manor[219]':--Entries of this kind are common. The utmost

rents are being exacted from the farmers:--this manor was let for three

years at a rent of £12 and a yearly gift of an ounce of gold, but all

the farmers who took it were ruined[220]--that manor was let for £3.

15_s_. but the men were thereby ruined and now it is valued at only

45_s._[221] About these matters French and English can not agree:--this

manor renders £70 by weight, but the English value it at only £60 by

tale[222]--the English fix the value at £80, but the French at

£100[223]--Frenchmen and Englishmen agree that it is worth £50, but

Richard let it to an Englishman for £60, who thereby lost £10 a year, at

the very least[224]. 'It can not pay,' 'it can hardly pay,' 'it could

not stand' the rent, such are the phrases that we hear. If the lord gets

the most out of the farmer to whom he has leased the manor, we may be

sure that the farmer is making the most out of the villeins.

[Depression of the sokemen.]

But the most convincing proof of the depression of the peasantry comes

to us from Cambridgeshire. The rural population of that county as it

existed in 1086 has been classified thus[225]:--

sochemanni 213

villani 1902

bordarii 1428

cotarii 736

servi 548

But we also learn that the Cambridgeshire of the Confessor's day had

contained at the very least 900 instead of 200 sokemen[226]. This is an

enormous and a significant change. Let us look at a single village. In

Meldreth there is a manor; it is now a manor of the most ordinary kind;

it is rated at 3 hides and 1 virgate, but contains 5 team-lands; in

demesne are half a hide and one team, and 15 _bordarii_ and 3 _cotarii_

have 4 teams, and there is one _servus_. But before the Conquest this

land was held by 15 sokemen; 10 of them were under the soke of the Abbey

of Ely and held 2 hides and half a virgate; the other 5 held 1 hide and

half a virgate and were the men of Earl Ælfgar[227]. What has become of

these fifteen sokemen? They are now represented by fifteen bordiers and

five cottiers; and the demesne land of the manor is a new thing. The

sokemen have fallen, and their fall has brought with it the

consolidation of manorial husbandry and seignorial power. At Orwell Earl

Roger has now a small estate; a third of it is in demesne, while the

residue is held by 2 villeins and 3 bordiers, and there is a serf there.

This land had belonged to six sokemen, and those six had been under no

less than five different lords; two belonged to Edith the Fair, one to

Archbishop Stigand, one to Robert Wimarc's son, one to the king, and one

to Earl Ælfgar[228]. Displacements such as this we may see in village

after village. No one can read the survey of Cambridgeshire without

seeing that the freer sorts of the peasantry have been thrust out, or

rather thrust down.

[Further illustrations of depression.]

Evidence so cogent as this we shall hardly find in any part of the

record save that which relates to Cambridgeshire and Bedfordshire. But

great movements of the kind that we are examining will hardly confine

themselves within the boundaries of a county. A little variation in the

formula which tells us who held the land in 1066 may hide from us the

true state of the case. We can not expect that men will be very accurate

in stating the legal relationships that existed twenty years ago. Since

the day when King Edward was alive and dead many things have happened,

many new words and new forms of thought have become familiar. But taking

the verdicts as we find them, there is still no lack of evidence. In

Essex we may see the _liberi homines_ disappearing[229]. But we need not

look only to the eastern counties. At Bromley, in Surrey, Bishop Odo has

a manor of 32 hides, 4 of which had belonged to 'free men' who could go

where they pleased, but now there are only villeins, cottiers, and

serfs[230]. We turn the page and find Odo holding 10 hides which had

belonged to 'the alodiaries of the vill[231].' In Kent Hugh de Port is

holding land that was held by 6 free men who could go whither they

would; there are now 6 villeins and 14 bordiers there, with one team

between them[232]. Students of Domesday were too apt to treat the

_antecessores_ of the Norman lords as being in all cases lords of

manors. Lords of manors, or rather holders of manors, they often were,

but as we shall see more fully hereafter, when we are examining the term

_manerium_, such phrases are likely to deceive us. Often enough they

were very small people with very little land. For example these six free

men whom Hugh de Port represents had only two and a half team-lands. We

pass by a few pages and find Hugh de Montfort with a holding which

comprises but one team-land and a half; he has 4 villeins and 2 bordiers

there. His _antecessores_ were three free men, who could go whither they

would[233]. They had need for but 12 oxen; they had no more land than

they could easily till, at all events with the help of two or three

cottagers or slaves. To all appearance they were no better than

peasants. They or their sons may still be tilling the land as Hugh's

villeins. When we look for such instances we very easily find them. The

case is not altered by the fact that the term 'manor' is given to the

holdings of these _antecessores_. In Sussex an under-tenant of Earl

Roger has an estate with four villeins upon it. His _antecessores_ were

two free men who held the land as two manors. And how much land was

there to be divided between the two? There was one team-land. Such

holders of _maneria_ were tillers of the soil, peasants, at best

yeomen[234]. If they were of thegnly rank, this again does not alter the

case. When in the survey of Dorset we read how four thegns held two

team-lands, how six thegns held two team-lands, eight thegns two

team-lands, nine thegns four team-lands, eleven thegns four

team-lands[235], we can not of course be certain that each of these

groups of co-tenants had but one holding; but thegnly rank is inherited,

and if a thegn will have nine or ten sons there will soon be tillers of

the soil with the wergild of twelve hundred shillings. Now if these

things are being done in the middling strata of society, if the sokemen

are being suppressed or depressed in Cambridgeshire, the alodiaries in

Sussex, what is likely to be the fate of the poor? They will have to

till their lord's demesne _graviter et miserabiliter_. He can afford to

dispense with serfs, for he has villeins.

[The peasants on the royal demesne.]

A last argument must be added. What we see in the thirteenth century of

the ancient demesne of the crown[236] might lead us to expect that in

Domesday Book 'the manors of St. Edward' would stand out in bold

relief. Instead of a population mainly consisting of villeins shall we

not find upon them large numbers of sokemen, the ancestors of the men

who in after days will be protected by the little writ of right and the

_Monstraverunt_? Nothing of the kind. The royal manor differs in no such

mode as this from any other manor. If it lies in a county in which other

manors have sokemen, then it may or may not have sokemen. If it lies in

a county in which other manors have no sokemen, it will have none.

Cambridgeshire is a county in which there are some, and have been many,

sokemen; there is hardly a sokeman upon the ancient demesne. In after

days the men of Chesterton, for example, will have all the peculiar

rights attributed by lawyers to the sokemen of St. Edward. But St.

Edward, if we trust Domesday Book, had never a sokeman there; he had two

villeins and a number of bordiers and cottiers[237]. It seems fairly

clear that from an early time, if not from the first days of the

Conquest onwards, the king was the best of landlords. The tenants of

those manors that were conceived as annexed to the crown, those tenants

one and all, save the class of slaves which was disappearing, got a

better, a more regular justice than that which the villeins of other

lords could hope for. It was the king's justice, and therefore--for

the king's public and private capacities were hardly to be distinguished

--it was public justice, and so became formal justice, defined by writs,

administered in the last resort by the highest court, the ablest

lawyers. And so sokemen disappear from private manors. Some of them as

tenants in free socage may maintain their position; many fall down into

the class of tenants in villeinage. On the ancient demesne the sokemen

multiply; they appear where Domesday knew them not; for those who are

protected by royal justice can hardly (now that villeinage implies a

precarious tenure) be called villeins, they must be 'villein sokemen' at

the least. Whether or no we trust the tradition which ascribes to the

Conqueror a law in favour of the tillers of the soil, we can hardly

doubt that the _villani_ and _bordarii_ whom Domesday Book shows us on

the royal manors are treated as having legal rights in their holdings.

And if this be true of them, it should be true of their peers upon other

manors. Yes, it should be true; the manorial courts that are arising

should do impartial justice even between lord and villeins; but who is

to make it true?

FOOTNOTES:

[101] D. B. i. 38, Coseham: '8 burs i. coliberti.' Ib. 38 b Dene:

'et coliberti [vel bures _interlined_].'

[102] D. B. i. 65, Wintreburne.

[103] D. B. i. 75, Bridetone et Bere.

[104] D. B. i. 239 b, Etone.

[105] Guérard, Cartulaire de L'Abbaye de S. Père de Chartres, vol.

i. p. xlii.

[106] The position of the _coliberti_ is discussed by Guérard, _loc.

cit._., and by Lamprecht, Geschichte des Französischen

Wirthschaftslebens (in Schmoller's Forschungen, Bd i.), p. 81.

Guérard says, 'Les coliberts peuvent se placer à peu près

indifferemment ou au dernier des hommes libres, ou à la tête

des hommes engagés dans les liens de la servitude.'

[107] Schmid, App. III. C. 4.

[108] Rectitudines, c. 3.

[109] Occasionally the _coliberti_ of D. B. are put before us as

paying rents in money or in kind. Thus D. B. i. 38, Hants: 'In

Coseham sunt 4 hidae quae pertinent huic manerio ubi T. R. E.

erant 8 burs i. coliberti cum 4 carucis reddentes 50 sol. 8

den. minus.' D. B. i. 179 b, Heref.: 'Villani dant de

consuetudine 13 sol. et 4 den. et [sex] coliberti reddunt 3

sextarios frumenti et ordei et 2 oves et dimidiam cum agnis et

2 den. et unum obolum.' D. B. i. 165: 'et in Glouucestre 1

burgensis reddens 5 den. et 2 coliberti reddentes 34 den.' In

a charter coming from Bishop Denewulf (K. 1079) we read of

three wite-theówmen who were boor-born and three who were

theów-born.

[110] Ellis, Introduction, ii. 511-14.

[111] For examples see D. B. iv. 211 and the following pages.

[112] Leg. Hen. 81, § 3: 'Quidam villani qui sunt eiusmodi

leierwitam et blodwitam et huiusmodi minora forisfacta emerunt

a dominis suis, vel quomodo meruerunt de suis et in suos,

quorum fletgefoth vel overseunessa est 30 den.; cothseti 15

den.; servi 6 den.'

[113] D. B. i. 71, Haseberie: '5 villani et 13 coscez et 2 cotarii.'

Ibid. 80 b: Chinestanestone: '18 villani et 14 coscez et 4

cotarii.'

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