An Introduction to the Industrial and Social History of England

by Edward Potts Cheyney

Seal, with representation of a Manor House.
(Turner, Domestic Architecture in England.)

The tenants of the manor, ranging from holders of considerable amounts of land, perhaps as much as a hundred acres, through various gradations down to mere cotters, who held no more than a cottage with perhaps a half-acre or a rood of land, or even with no land at all, are usually grouped in the "extents" or contemporary descriptions of the manors and their inhabitants into several distinct classes. Some are described as free tenants, or tenants holding freely. Others, and usually the largest class, are called villains, or customary tenants. Some, holding only a half or a quarter virgate, are spoken of as half or quarter villains. Again, a numerous class are described by some name indicating that they hold only a dwelling-house, or at least that their holding of land is but slight. These are generally spoken of as cotters.

All these tenants hold land from the lord of the manor and make payments and perform services in return for their land. The free tenants most commonly make payments in money only. At special periods in the year they give a certain number of shillings or pence to the lord. Occasionally they are required to make some payment in kind, a cock or a hen, some eggs, or other articles of consumption. These money payments and payments of articles of money value are called "rents of assize," or established rents. Not unusually, however, the free tenant has to furnish precariæ or "boon-works" to the lord. That is, he must, either in his own person or through a man hired for the purpose, furnish one or more days' labor at the specially busy seasons of the year, at fall and spring ploughing, at mowing or harvest time. Free tenants were also frequently bound to pay relief and heriot. Relief was a sum of money paid to the lord by an heir on obtaining land by inheritance. Custom very generally established the amount to be paid as the equivalent of one year's ordinary payments. Heriot was a payment made in kind or in money from the property left by a deceased tenant, and very generally consisted by custom of the best animal which had been in the possession of the man, or its equivalent in value. On many manors heriot was not paid by free tenants, but only by those of lower rank.

The services and payments of the villains or customary tenants were of various descriptions. They had usually to make some money payments at regular periods of the year, like the free tenants, and, even more frequently than they, some regular payments in kind. But the fine paid on the inheritance of their land was less definitely restricted in amount, and heriot was more universally and more regularly collected. The greater part of their liability to the lord of the manor was, however, in the form of personal, corporal service. Almost universally the villain was required to work for a certain number of days in each week on the demesne of the lord. This "week-work" was most frequently for three days a week, sometimes for two, sometimes for four; sometimes for one number of days in the week during a part of the year, for another number during the remainder. In addition to this were usually the precariæ or boon-works already referred to. Sometimes as part of, sometimes in addition to, the week-work and the boon-work, the villain was required to plough so many acres in the fall and spring; to mow, toss, and carry in the hay from so many acres; to haul and scatter so many loads of manure; carry grain to the barn or the market, build hedges, dig ditches, gather brush, weed grain, break clods, drive sheep or swine, or any other of the forms of agricultural labor as local custom on each manor had established his burdens. Combining the week-work, the regular boon-works, and the extra specified services, it will be seen that the labor required from the customary tenant was burdensome in the extreme. Taken on the average, much more than half of the ordinary villain's time must have been given in services to the lord of the manor.

The cotters made similar payments and performed similar labors, though less in amount. A widespread custom required them to work for the lord one day a week throughout the year, with certain regular payments, and certain additional special services.

Besides the possession of their land and rights of common pasture, however, there were some other compensations and alleviations of the burdens of the villains and cotters. At the boon-works and other special services performed by the tenants, it was a matter of custom that the lord of the manor provide food for one or two meals a day, and custom frequently defined the kind, amount, and value of the food for each separate meal; as where it is said in a statement of services: "It is to be known that all the above customary tenants ought to reap one day in autumn at one boon-work of wheat, and they shall have among them six bushels of wheat for their bread, baked in the manor, and broth and meat, that is to say, two men have one portion of beef and cheese, and beer for drinking. And the aforesaid customary tenants ought to work in autumn at two boon-works of oats. And they shall have six bushels of rye for their bread as described above, broth as before, and herrings, viz. six herrings for each man, and cheese as before, and water for drinking."

Thus the payments and services of the free tenants were principally of money, and apparently not burdensome; those of the villains were largely in corporal service and extremely heavy; while those of the cotters were smaller, in correspondence with their smaller holdings of land and in accordance with the necessity that they have their time in order to make their living by earning wages.

The villains and cotters were in bondage to the lord of the manor. This was a matter of legal status quite independent of the amount of land which the tenant held or of the services which he performed, though, generally speaking, the great body of the smaller tenants and of the laborers were of servile condition. In general usage the words villanus, nativus, servus, custumarius, and rusticus are synonymous, and the cotters belonged legally to the same servile class.

The distinction between free tenants and villains, using this word, as is customary, to include all those who were legally in servitude, was not a very clearly marked one. Their economic position was often so similar that the classes shaded into one another. But the villain was, as has been seen, usually burdened with much heavier services. He was subject to special payments, such as "merchet," a payment made to the lord of the manor when a woman of villain rank was married, and "leyr," a payment made by women for breach of chastity. He could be "tallaged" or taxed to any extent the lord saw fit. He was bound to the soil. He could not leave the manor to seek for better conditions of life elsewhere. If he ran away, his lord could obtain an order from a court and have him brought back. When permission was obtained to remain away from the manor as an inhabitant of another vill or of a town, it was only upon payment of a periodical sum, frequently known as "chevage" or head money. He could not sell his cattle without paying the lord for permission. He had practically no standing in the courts of the country. In any suit against his lord the proof of his condition of villainage was sufficient to put him out of court, and his only recourse was the local court of the manor, where the lord himself or his representative presided. Finally, in the eyes of the law, the villain had no property of his own, all his possessions being, in the last resort, the property of his lord. This legal theory, however, apparently had but little application to real life; for in the ordinary course of events the customary tenant, if only by custom, not by law, yet held and bequeathed to his descendants his land and his chattels quite as if they were his own.