单词 | villainage |
例句 | The minor law books of the thirteenth century follow Bracton in this identification of villainage with slavery. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The pressure upon subsistence was felt while villainage was still in force, and the terms upon which serfdom dissolved were influenced by this fact to an extent which has hitherto not been recognized. The Enclosures in England An Economic Reconstruction The sense of constant homage and continual service is irksome and galling to us; and we rejoice in being emancipated from it, as from a state of base and servile villainage. A Practical View of the Prevailing Religious System of Professed Christians, in the Middle and Higher Classes in this Country, Contrasted with Real Christianity. Men had been freed from villainage in individual cases by various means. An Introduction to the Industrial and Social History of England They required a general pardon, the abolition of slavery, freedom of commerce in market towns without toll or impost, and a fixed rent on lands, instead of the services due by villainage. The History of England in Three Volumes, Vol.I., Part B. From Henry III. to Richard III. The strict legal notion has to be modified to meet the emergency, and villainage, instead of indicating complete personal subjection, comes to mean subjection to a territorial lord. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z They who were born in villainage, were born to an inheritance of labour, but not of inevitable depravity and wretchedness. The Mirror of Literature, Amusement, and Instruction Volume 14, No. 397, November 7, 1829 Bracton and his followers lay down quite distinctly that their tenure is villainage though privileged villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The duty of filling such offices when elected by the tenants and approved by the lord or his steward was, as has been said, one of the burdens of villainage. An Introduction to the Industrial and Social History of England If he chose to grant it away to villains in pure villainage, the holdings thus formed could have no claim to rank as privileged land. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Surely this could happen only because the tenure in ancient demesne, although a kind of villainage, closely resembled freehold. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Only some of the cottiers are said to hold in villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z In the light of these facts villainage assumes an entirely different aspect from that which legal theory tries to give it. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The original unity of purpose and firmness of distinction are even more broken up when we look at the criminal and the police law where they touch villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z It shows convincingly that the distinction hardly influenced criminal law at all. 66Police in relation to villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z In this way to prove personal villainage one had to prove villainage by birth. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z They are personally free, and although holding in villainage, nobody has the right to deprive them of their lands, or to alter the condition of the tenure, by increasing or changing the services. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z But the great majority of the tenants enjoyed special rights, and these men of ancient demesne were considered to be free by blood and holding in villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z It is only the contrast between villainage and holding by charter that comes out strongly. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The majority of the peasants are villains, and the legal conception of villainage has its roots not in the connexion of the villain with the soil, but in his personal dependence on the lord. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z In many respects the position of the peasantry in ancient demesne is nearly allied to that of men holding in villainage at common law. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z As to the general aspect of villainage in the legal theory of English feudalism there can be no doubt. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z And as I said, one looks naturally to such instances of egregious independence, in order to explain the affinity between privileged villainage and freehold. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z And so we have one more general observation to make as to the legal aspect of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z I have had to speak of prescription as a source of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z This procedure of revision on the whole is quite as important a manifestation of the freehold qualities of privileged villainage as pleading by writ. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Definition and terminology of villainage at Common Law. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The Conquest had cast free and unfree peasantry together into the one mould of villainage; feudalism prevented villainage from lapsing into slavery. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z If it had been possible to follow out the principle, we should have been able to distinguish between villains proper and men of free blood holding in villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z This being so, we may expect to find some traces of the gradual spread of serfdom in the subdivisions of that comprehensive class called villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z By this fact the free man puts his child under the sway of the lord, to whose villainage the mother belongs. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z But still the fundamental notion of free men holding117 in villainage gets lost sight of. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z In their treatment of tenure they still hesitate between a complete denial of protection to villainage and the recognition of it as a mode of holding which is protected by legal remedies. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Our survivals of the state of things before the Conquest group themselves naturally in one direction, they are manifestations of the free element which went into the constitution of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Freemen holding in villainage and born villains get mixed up under the same names. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z For this reason the position of a free husband towards the villainage of his wife a nief is not exactly parallel. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Strictly speaking, there is no inheritance in villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The subdivisions of the servile class and the varieties of service and custom show that villainage was a complex mould into which several heterogeneous elements had been fused. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Tenant right of free man holding in villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z And so the distinction between freehold and ancient demesne villainage is narrowed to a distinction of jurisdiction and procedure. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z If we proceed from principles to their application in detail, we at once find, that in most cases the broad rules laid down on the subject do not fit all the particular aspects of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z And such instances would afford ample proof of the fact that their status has branched off from the same stem as villainage, if such proof were otherwise needed. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The law of villainage must not be constructed either on the assumption of slavery, or on that of liberty, or on that of colonatus or ascription. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z And so I may conclude: an investigation into the legal aspect of villainage discloses three elements in its complex structure. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z It would be as wrong to restrict the study of villainage to legal documents as to disregard them. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z One point remains to be investigated in the institution of villainage, namely modes in which a villain might become free. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The second conclusion is, that if a free man hold in villainage by villain services he cannot be ejected by the lord against his will, provided he is performing the services due from the holding. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z A payment of this kind was exacted sometimes from free men in villainage, and even from socage tenants. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The law writers are trying hard to give a construction of villainage on the basis of the Roman doctrine of slavery, but their fabric gives way at every point. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Now the obligation to serve as reeve was taken as a mark of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Manumission is one of the few subjects touched by Glanville in the doctrine of villainage, and he is very particular as to its conditions and effects. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z It does not even mean that the hundredors were necessarily holding in villainage: small freeholders may have appeared among them. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The notion of villainage gets gradually eliminated from the soil of the province, although it was by no means absent from it in the beginning. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Bracton defines villainage as a condition of men who do not know in the evening what work and how much they will have to perform next morning. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Ancient demesne tenure is another proof of the same freedom in villainage; it is protected though base, and supposes independent rights on the part of the peasantry. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The old law books mention one kind of villainage which stands out in marked contrast with the other species of servile tenure. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z I have been trying to make out what the theories of the lawyers were with regard to villainage in its divers ramifications. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z One undoubtedly encounters difficulties in tracing and grouping facts with regard to those elements of freedom which appear in the law of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z The case is clearly one of privileged villainage, but it is well to note that although the services are in one respect certain, the persons remain unfree. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z On the other hand, 'regardant' is used quite independently of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z If the privileged villainage of ancient demesne is founded on the same causes as villainage pure and simple, the distinguishing element of 'privilege' is supplied to it by the private interest of the king. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z Altogether, the study of rural work and rents leads to the same conclusion as the analysis of the legal characteristics of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z What I have said now may be taken simply as a reason for the omission in my text of those passages of the Mirror which bear on the question of villainage. Villainage in England Essays in English Mediaeval History 2012-02-15T03:00:35.553Z |
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