The villein holders, 'villani,' are 'adscripti glebæ.'
It is possible that just as villein tenants could hold in free tenure land in the lord's demesne, so free men might hold virgates in villenage and retain their personal freedom; but those at all events of the holders of virgates who were nativi, i.e. villeins by descent were adscripti glebæ. They held their holdings at the will of the lord, and were bound to perform the customary services. If they allowed their houses to [p030] get out of repair they were guilty of waste, and the jury were fined if they did not report the neglect.[23]
Yet the entries in the rolls prove that their holdings were hereditary, passing by the lord's re-grant from father to son by the rule of primogeniture, on payment of the customary heriot or relief.[24]
Widows had dower, and widowers were tenants by the curtesy, as in the case of freeholds. The holders in villenage, even 'nativi,' could make wills which were proved before the cellerarius of the abbey, and had done so time out of mind, while the wills of free tenants were proved at St. Albans.[25]
These things all look like a certain recognition of freedom within the restraints of the villenage. But if the 'nativi' married without the lord's consent they were fined. If they sold an ox without licence, again they were fined. If they left the manor without licence they were searched for, and if found arrested as fugitives and brought back.[26] If their daughters lost their chastity[27] the lord again had his fine. And [p031] in all these cases the whole jury were fined if they neglected to report the delinquent.
But their serfdom is breaking up.
Their services were no doubt limited and defined by custom, and so late as the reign of Edward III. mostly discharged by a money payment in lieu of the actual service, but they rested nominally on the will of the lord; and sometimes to test their obedience the relaxed rein was tightened, and trivial orders were issued, such as that they should go off to the woods and pick nuts for the lord.[28] In case of dispute a court was held under the great ash tree at St. Albans, and the decision of this superior manorial court at head-quarters settled the question.[29] This villenage of the Winslow tenants was, no doubt, in the fourteenth century mild in its character; the silent working of economic laws was breaking it up; but it was villenage still. It was serfdom, but it was serfdom in the last stages of its relaxation and decay.
Already, any harking back by the landlord upon older and stricter rules—any return, for instance, to the actual services instead of the money payments in lieu of them—produced resentment and insubordination amongst the villein tenants. Murmurs were already heard in the courts, and symptoms appear on the rolls in the year following the Black Death which clearly indicate the presence of smouldering embers very likely soon to burst into flame.[30] The rebellion under Wat Tyler was, in fact, not far ahead. But in this inquiry we are looking backwards into earlier times, in order to learn what English serfdom was when fully in force, rather than in the days when [p032] it was breaking up. In the meantime the practical knowledge gained from the Winslow manor rolls, how a community in serfdom fitted as it were into the open field system as into an outer shell, and still more the knowledge of what the virgate and half-virgate in villenage really were, drawn from actual examples, may prove a useful key in unlocking still further the riddle of earlier serfdom.
III. THE HUNDRED ROLLS OF EDWARD I., EMBRACING FIVE MIDLAND COUNTIES.
The facts thus learned from the Winslow Manor Rolls throw just that flash of light upon the otherwise dry details of the Hundred Rolls of Edward I. which is needful to make the picture they give in detail of the manors in parts of five midland counties vivid and clear.