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STUDIES IN ECONOMIC HISTORY

This new series, specially commissioned by the Economic History

Society, focuses attention on the main problems of economic
history. Recently, there has been a great deal of detailed research
and reinterpretation, some of it controversial, but it has remained
largely inaccessible to students or buried in academic journals.
This series is an attempt to provide a guide to the current inter-
pretations of the key themes of economic history in which
advances have recently been made, or in which there has been
significant debate.
Each book will survey recent work, indicate the full scope of
the particular problem as it has been opened by research and
distinguish what conclusions can be drawn in the present state of
knowledge. Both old and recent work will be reviewed critically
but each book will provide a balanced survey rather than an
exposition ofthe author's own viewpoint.
The series as a whole will give readers access to the best work
done, help them to draw their own conclusions in some major
fields and, by means of the critical bibliography in each book,
guide them in the selection of further reading. The aim is to
provide a springboard to further work and not a set of pre-
packaged conclusions or short cuts.
 STUDIES IN ECONOMIC HISTORY
Edited for The Economic History Society by M. W. Flinn

PUBLISHED
E. L. Jones The Development of English Agriculture, 1815-1873
J.D. Marshall The Old Poor Law, 1795-1834
G. E. Mi'ngay Enclosure and the Small Farmer in the Age of the
Industrial Revolution
R. B. Outhwaite Inflation in Tudor and Early Stuart
England, 1470-1630
S. B. Saul The Myth of the Great Depression, 1873-1896

IN PREPARATION
A. S. Milward The Impact of World Wars on the British Economy
R. S. Sayers Monetary Policy in the 1920s
A. J. Taylor Laissez-Faire and State Intervention in Nineteenth-
Century Britain
The Decline of Serfdom
in Medieval England
Preparedfor
The Economic History Society by
R. H. HILTON
Professor of Medieval Social History
Universziy of Birmingham

Palgrave Macmillan
 The Economic History Society 1969

PulJlished by
MACMILLAN AND CO LTD
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ISBN 978-0-333-10117-9 ISBN 978-1-349-00696-0 (eBook)

DOI 10.1007/978-1-349-00696-0

Other books by the same author

Economic Development of some Leicestershire Estates in the
Fourteenth and Fifteenth Centuries
A Medieval Society: The West Midlands at the End of the
Thirteenth Century

With H. Fagan
The English Rising of 1581

Edited by the same author

Ministers' Accounts of the Warwickshire Estates of the Duke of
Clarence
The Stoneleigh Leger Book
Contents
Acknowledgements 6
Editor's Priface 7
Abbreviations 8
The Early History of Medieval Serfdom in Europe 9
Early Serfdom in England 12
The Significance and Distribution of Free Tenures 17
Lords' Reactions to Demands for Freedom 26
Economic and Demographic Factors in the Decline of
Serfdom 52
The Evolution of Peasant Tenures: Leasehold 44
Copyhold and Customary Survivals 47
The Last Profits of Serfdom 51
The Equivocal End of English Peasant Serfdom 55
Select Bibliography 60
Glossary 65
Index 69

A2 H.D.S,
Acknowledgements

To Drs Marie Clough, R. J. Faith, I. J. E. Keil, J. Z. Titow and

Mrs J. A. Brent, Mr E. J. King and Mr E. K. Vose for per-
mission to quote from their unpublished work (see Bibliography).
To Mr C. C. Dyer for lending me his transcript of court rolls of
the Bishopric of Worcester.
To Professor H. A. Cronne and Miss J. R. Birrell for reading
and commenting on the work.
Preface
S 0 long as the study of economic history was confined to only a
small group at a few universities its literature was not prolific and
its few specialists had no great problem in keeping abreast of the
work of their colleagues. Even in the 1930s there were only two
journals devoted exclusively to this field. But the high quality of
the work of the economic historians during the inter-war period
and the post-war growth in the study of the social sciences sparked
off an immense expansion in the study of economic history after
the Second World War. There was a great expansion of research
and many new journals were launched, some specialising in
branches of the subject like transport, business or agricultural
history. Most significantly, economic history began to be studied
as an aspect of history in its own right in schools. As a consequence,
the examining boards began to offer papers in economic history
at all levels, while textbooks specifically designed for the school
market began to be published.
For those engaged in research and writing this period of rapid
expansion of economic history studies has been an exciting if
rather breathless one. For the larger numbers, however, labour-
ing in the outfield of the schools and colleges of further education,
the excitement of the explosion of research has been tempered by
frustration caused by its vast quantity and, frequently, its con-
troversial character. Nor, it must be admitted, has the ability or
willingness of the academic economic historians to generalise and
summarise marched in step with their enthusiasm for research.
The greatest problems of interpretation and generalisation have
tended to gather round a handful of principal themes in economic
history. It is, indeed, a tribute to the sound sense of economic
historians that they have continued to dedicate their energies,
however inconclusively, to the solution of these key problems.
The results of this activity, however, much of it stored away in
a wide range of academic journals, have tended to remain in-
accessible to many of those currently interested in the subject.
Recognising the need for guidance through the burgeoning and
confusing literature that has grown around these basic topics, the
7
Economic History Society decided to launch this series of small
books. The books are intended to serve as guides to current
interpretations in important fields of economic history in which
important advances have recently been made, or in which there
has recently been some significant debate. Each book aims to
survey recent work, to indicate the full scope of the particular
problem as it has been opened up by recent scholarship, and to
draw such conclusions as seem warranted, given the present state
of knowledge and understanding. The authors will often be at
pains to point out where, in their view, because of a lack of
information or inadequate research, they believe it is premature
to attempt to draw firm conclusions. While authors will not
hesitate to review recent and older work critically, the books are
not intended to serve as vehicles for their own specialist views :
the aim is to provide a balanced summary rather than an ex-
position of the author's own viewpoint. Each book will include
a descriptive bibliography.
In this way the series aims to give all those interested in
economic history at a serious level access to recent scholarship in
some major fields. Above all, the aim is to help the reader to
draw his own conclusions, and to guide him in the selection of
further reading as a means to this end, rather than to present
him with a set of pre-packaged conclusions.

University of Edinburgh M. W.FLINN

Autumn, 1968 Editor

Abbreviations
Ag.H.R. Agricultural History Review
Ec.H.R. Economic History Review
E.H.R. English Historical Review
V.C.H. Victoria County History
T.R.H.S. Transactions of the Royal Historical Society

8
The Early History of Medieval Serfdom in Europe
IN the long history of pre-industrial societies one of the constant
features has been the existence of social groups whose members
were unfree. The freedom which they lacked was not, of course,
an absolute quality of social existence. It is a truism which needs
no elaboration that in most societies men's freedom of action is
limited by the authority of the state, by the power of the rich and
by the customary pressures of social groups. And, just as there
were always numerous variations in the opportunities, that is the
freedoms, of men who were called free, there were similarly
many variations in the forms of unfreedom. The view expressed
in a Carolingian capitulary that non est amplius nisi fiber et
servus1 might have been convenient for the serf-owners, but at
that particular time completely misrepresented the great com-
plexity of contemporary social conditions. Yet the complex
variations in the grades of unfreedom that were to be found in
ancient, medieval and later societies should not lead us to mini-
mise the fact of unfreedom for many human beings, often the
majority, in these societies. Even if we ignore the limitations on
freedom resulting from the poverty, lack of opportunity, lack of
influence and lack of power which has always been the lot of most
men and women, we could not ignore the fact that, in medieval
as well as in ancient societies, these practical limits on freedom
were openly institutionalised as hereditary juridical servitude.
Hereditary servile status in medieval Europe was the lot, by
and large, of the bulk of the peasantry. There were also unfree
persons in administrative posts (ministeriales) and in industrial
occupations, but these were a small minority of the total servile
population and need not be considered here. The term normally
employed by modern historians for unfree peasants is 'serfs',
although many other terms were used in different countries and
at different times during the European Middle Ages. The word
distinguishes this social type from the slave, a usage which is
paradoxical since the word 'serf' comes from the Latin servus,
1 'there is none other than free or serf': M. Bloch, Melanges His-
toriques' I (1963) p. 438. It was also a Roman law maxim.
9
'slave', while the word 'slave' is thought to have been derived
from the fact that the early medieval (as distinct from the ancient)
slave trade was to a considerable extent supplied by the Slavonic
victims of the eastward expansion of the Germans, who sold their
captives in western slave markets.
Although some slaves in antiquity were by no means completely
without property, the distinction between slaves and serfs is
based on the fact that, on the whole, slaves were the chattels of
their masters, employed as instruments of production in agri-
culture or industry, receiving food, clothing and shelter from the
master and possessing nothing. Since the medieval serfs were
mostly peasants, their actual material conditions were quite
different in that they possessed, even if they did not own, the
means of production of their own livelihood. These means of
production were the farm buildings, agricultural equipment,
lands and common rights that made up the peasant holding. The
peasant families might have received these as grants from a
landowner, who thus became the peasants' lord, but they are just
as likely to have possessed them from time immemorial, before
falling under the domination of a lord who used his power to
establish legal ownership of the peasants' lands.
The early history of medieval serfdom is very complex. In all
of the European countries this complexity is reflected in the
varied nomenclature of the servile peasant class, as used more
particularly in private documents of the period up to the twelfth
century. Some peasants were descended from the coloni of the
late Empire, who, whatever legal disabilities and encumbrances
they might have suffered, were not then classed as slaves, but
sank into serfdom under the heavy weight of the obligations
imposed on them by the estate owners and the state. In so far as
the estate structure of the late Empire persisted into the barbarian
successor states, the history of this group was fairly straight-
forward, for their obligations and disadvantages under Imperial
law were much the same as they were to be at the time when the
surveys or polyptyques of the big estates in the Carolingian
period were drawn up. Other peasants were the descendants of
full slaves, some of their ancestors having been slaves under the
Roman Empire, others having been enslaved during the wars of
the Dark Ages. What distinguished these serfs from their slave
ancestors was, of course, the fact that they were now servi casati,
provided with their own holdings from the landowner's estate.
10
Other medieval peasant serfs were descended from free men who
had entered into various forms of dependence under lords. Some
gave up their holdings and their status in return for the protection
of powerful laymen; others became serfs of the Church for the
same reason; others who were landless became serfs in order to
acquire a holding. The tendency was, even as early as the tenth
century, for the differences within the servile peasant class to be
ironed out, though this process of simplification was by no means
complete by that date, partly because there were probably still
many free peasants yet to be enserfed.
This continuing process of enserfment after the tenth century
was partly associated, especially in France and the western parts
of the Empire, with the growing strength of private jurisdictions.
Some historians have interpreted this development, as far as
aristocratic lordship over peasant dependants was concerned, as
an addition to the power of landowner over tenant, of the power
of sei'gneur over subject, sometimes described as the succession
of pouvoi'r banal to pouvoi'r domani'al. The relationship of private
to public jurisdiction and of feudal potentates to public authority
is of course an aspect of this subject into which we shall not enter.
But as far as the relationship between estate owners and peasants
was concerned, it is thought that one of the most important
reasons for this development was economic. In western Europe
as a whole, by the twelfth century, lords' demesnes had tended to
disintegrate, the traditional peasant tenure (the mansus) had
become so subdivided as no longer to be recognisable by estate
stewards, labour services had practically disappeared and money
rents had lost their value. The profitable exercise of private
jurisdiction, the exploitation of seigneurial monopolies (of the
wine press, the oven, the mill, etc.), the reimposition of certain
types of labour service (as a subject's duty rather than as tenant's
rent) all had an important financial side for lords whose straight
landed income was declining.

11
Early Serfdom in England
A L T H 0 UGH there are special features to the agrarian develop-
ment of medieval England, it should not be imagined that the
country was exempt from the general conditions which affected
the rest of medieval Europe, especially those parts nearest to it.
After all, in common with the whole of western Europe, England
had been a province of the Roman Empire and had become a
successor state governed by a Germanic aristocracy, with the
difference no doubt that the Germanic settlement was denser in
England than, for instance, in Gaul. During the Dark Ages there
had been abundant contact between the English ruling aristo-
cracies and those of continental Europe, abundant contact
between the English Church and Rome, and a volume of trade
which had made the fortune of such northern Frankish ports as
Quentovic. The almost complete replacement of the Old English
by a Norman-French aristocracy (with Flemish and Breton
supporters) by the time that 'Domesday Book' was compiled
naturally strengthened similarities of social structure, especially
since for over a century many English landowners possessed
estates in Normandy, and even after the loss of Normandy
had direct political contacts with the Continent through Gascony.
In continental Europe by the thirteenth century two different
types of division within the peasant class can be seen. First of all
there was a division in terms of economic resources, broadly
speaking, between those peasants who had sufficient land to feed
the family, which demanded the use of a plough and a plough
team of oxen or horses (in French, the laboureurs), and those who
had holdings which were too small for the adequate subsistence
of a family, and were cultivated by the spade and the hoe,
occasionally by a borrowed plough, and who had to labour for
others in order to gain their living (the manouvriers). The second
main division was in terms of personal status. Apart from such
peasants as had retained their free status, the servile peasants
were broadly divided into those who were the descendants of
slaves (servi) and those whose ancestry was not servile in the
strictest sense of the word, but whose subordination to their lords
12 9
was hardly distinguishable in type from that of the true serfs.
These were known as the vileins in France and the French-
speaking parts of the Empire. They were regarded at the time
as typical of the peasant class. Their supposed characteristics
supplied the courtly litterateurs with the adjective vilein and the
noun vileinie to imply everything that was base and opposed to
the virtues of chivalry. The two types of division of the peasant
class did not necessarily coincide, for well-to-do laboureurs could
either be seifs or vileins.
Similarly, in England, by the thirteenth century, there was
a recognisable division between the peasants with holdings of
twelve to fifteen arable acres (halfyardlanders) or more, and those
with small holdings which in a large number of cases must have
been under five acres. The former correspond to the continental
laboureurs and, without necessarily being affluent, had holdings
from which a family could be fed. This was not the case with the
smallholding cottars who had to find other ways of reinforcing
their incomes, including, of course, work for wages on the
demesne or on the bigger peasant holdings. The division into free
and servile did not correspond to this division. Nor did the divi-
sion of the servile as between the nativi (meaning servile by birth)
and the villani (not necessarily servile by birth) correspond either
to the division of economic resources or (at any rate clearly) to the
division which had been visible in the eleventh century between
the servi, whom we translate as 'slaves' rather than 'serfs', and
the villani, cottarzi" and bordarzi, whom we cannot assume
to have been legally unfree. The villani at any rate are definitely
stated, in the treatise known as 'The Laws of Henry I' (c. 1120?),
to be entitled to the free ceorl's wergild of 200s.l
The reasons for the difficulty of distinguishing by the thir-
teenth century between those members of the servile class who
were descended from slaves and those who were the descendants
of the free villeins of 'Domesday Book' are to be found in the
history of the relations between landlords and tenants since the
end of the eleventh century. But before we take the history of
these two centuries into account, we must remember that slavery

1 In F. Liebermann (ed.) Die Gesetze der Angelsachsen (1903-16)

chaps. 70, 76.3a. But this recognition of their freedom did not prevent
the author of the Leges from describing villeins as viles et inopes
persone (chap. 29.1a).
15
was an important aspect of the Anglo-Saxon class structure.
According to 'Domesday Book', over England as a whole, 9 per
cent of the counted population in 1086 were slaves, the proportion
reaching 20 per cent or more in the western counties. 1 This is not
surprising in view of the frequent references to slavery in the
Anglo-Saxon law codes, references which are, however, impossible
to use statistically. Many of the slaves enumerated in 'Domesday
Book' were clearly counted as part of the demesne resources of
landowners: their typical occupation was that of demesne plough-
man or oxherd. Such was the ploughman of lElfric's Colloquy, a
demesne ploughman rather than a tenant, and not free. But in
pre-Conquest England, when men, women and children could
be reduced to slavery as a punishment, or sold into slavery
because of family poverty, it seems more than likely that there
would also be slaves off the demesne, working on the holdings of
well-to-do free families. Such slaves might well be ignored by the
Domesday Commissioners whose interest was greater in the
demesnes than in the tenant holdings. Furthermore, it must be
assumed that the same process took place in England as we have
seen on the Continent, that is the placing of slaves on holdings
(servi casati). These may well appear to some extent in 'Domesday
Book' as bordarii. This process continued in the twelfth century,
when the remaining demesne slaves were given holdings as part
of the wage for the job, ultimately to be absorbed into the general
body of unfree tenants. 2
There must have been, therefore, a substantial number of
the descendants of Anglo-Saxon slaves, theows, among the unfree
peasants of thirteenth-century England. These could in theory
be the nativi who are bracketed with the villani in many de-
scriptions of estates well into the fifteenth century, or the nativi
de sanguine who appear in the fifteenth-century court rolls.
But this verbal distinction between neifty and villeinage did not
amount to very much because the pressure of landowner demand
for extra revenue (including extra labour services) from the
manorial population resulted in the total confusion of the two, to

1 F. W. Maitland's Domesday Book and Beyond (Cambridge, 1897),

now in a paperback edition (1960), is the most easily accessible intro-
duction to Domesday statistics.
2 On this whole subject, see M. M. Postan, 'The Famulus' (Economic
History Review, supplement no. 2).
14
the disadvantage, naturally, of the villein or customary tenant. 1
Now there seems to be every reason to suppose that long before
the Norman Conquest, on English estates as on those of the
continental landlords, part of the labour on the demesne was
provided by the tenants. Some of these are described in charters,
some in the famous Rectitudines Singularum Personarum
(c. 1000). 2 Not much, unfortunately, is known about the scale
of demesne cultivation, but it would appear that by the twelfth
century in England the same tendency to the disintegration of
demesnes was to be found as on the Continent. The evidence for
this tendency is mainly from ecclesiastical estates, whose surveys
show not only the leasing out of portions of demesne land to
tenants, but also indications of forceful pressure by tenants owing
labour service to free themselves of this type of rent obligation in
favour of money rent. In any case, of course, if demesne areas
were being reduced, or leased out en bloc, fewer labour services
would be needed and the door would be open for tenants to
achieve a transformation of their obligations. But it should be
emphasised here that the rentals and surveys of the mid-twelfth
century which hint at these encroachments also give much detail
about the not inconsiderable level of labour rent still remaining.
More important, the customary tenants or villeins who owe these
labour services are not referred to as servile. They are in fact
clearly to be distinguished from the few servi or ancillae men-
tioned as such by name. Furthermore these villeins, though
owing labour services, are not yet normally further burdened
with such obligations as merchet (payment for permission to
marry off son or daughter), heriot (death duty), toll (payment
for permission to sell livestock) or arbitrary tallage (annual tax).
This is significant because on the Continent these were recog-
nised as the hallmarks of serfdom and by the twelfth century
1 The reappearance of a supposed distinction between the

descendants of slaves (villeins in gross) and of ceorls (villeins re-

gardant) in the fourteenth century, with echoes in the sixteenth, is a
matter of lawyers' theory rather than of fact. The great mobility of
the rural population after the middle of the fourteenth century would
add to, rather than diminish, the confusion referred to above. But see
I. S. Leadam (ed.) in Select Cases in the Star Chamber (Selden
Society) II (1911) pp. cxxviiff.
2 English Historical Documents, II (1953), ed. D. C. Douglas, pp.
813-16.
15
were being demanded of free as well as of servile dependants.
The pressure by tenants in the mid-twelfth century may have
partly been helped by economic conditions (a wish for easily
realisable cash revenues on the part of estate owners), but it may
also have been encouraged by the internal divisions of the ruling
class and in particular the vulnerability of the ecclesiastics. The
atmosphere seems to have changed considerably with the estab-
lishment of the Angevin monarchy, though increasingly abun-
dant documentation may partly be responsible for our impression.
We might even speak of a counter-attack by estate owners. The
villeinage cases which appear in the records of the 'Curia Regis'
from the 1190s onwards show that lords were waging a successful
battle against their customary or villein tenants precisely on the
question of freedom, freedom being no abstract matter but a
question primarily of whether the tenant had a hereditary
obligation to do labour services. The judges of the royal courts,
on the other hand, were only interested in providing a forum
for free tenants and were prepared to abandon customary tenants to
the jurisdiction of the manorial courts. The prevailing tone in any
case was hostile to customary rights, and it is no wonder that if
the kings tried to ride roughshod over the customary rights of
their barons, these barons should do the same with their own
tenants. In addition there were the same financial difficulties
(the price of costly military and social aspirations rising faster
than revenues) which encouraged the fiscal exploitation of private
jurisdiction on the Continent. We therefore have the paradoxical
situation of a monarchy trying to extend its power at the expense
of the feudal aristocracy, whilst at the same time abandoning the
free but customary villein tenants to their lords, whose private
jurisdictions at the manorial level developed strongly, even though
their baronial courts withered into insignificance. However, the
paradox is more apparent than real, since the king was not only
sovereign, but feudal lord of the many customary tenants on the
royal demesne. And his justices, too, would all be lords of manors.
When the dust settled down, by the middle of the thirteenth
century, the pattern which emerged differed significantly from
that of the previous century. Landlords on the whole had resumed
the active cultivation of the demesne and were reaping the bene-
fits of rising agricultural prices. In spite of some doubts about the
status of free men holding land in villein tenure, the equation
was established: villein or customary tenure is servile, villeins
16
are serfs and have no action in the royal courts over rents or
services against their lord. Since one of the economic objectives
of the lords was to ensure a good supply of tenant labour (even if
not always fully used), and since it was not difficult to prove that
most customary holdings had in the past owed labour services,
these services became a test of villein status. In fact, reading the
villeinage cases in the Curia Regis Rolls, one gets the impression
that almost any customary peasant obligation was being brought
as evidence to prove that tenures and tenants were servile. At
the same time, to add good measure, the continental tests for
serfdom, such as merchet and heriot, were added to the list of
exactions, which at the same time proclaimed that a peasant was
a servile villein and increased the lords' revenues from him. Neifty
and villeinage were virtually assimilated. 1

The Significance and Distribution of Free Tenures

THE historical development of customary tenure into servile
villeinage, which we have briefly sketched, is, of course, only one
aspect of the history of the English peasantry before the end of the
thirteenth century. Another aspect was the development at the
same time of free tenures. This was partly a consequence of the
expansion of cultivation in areas of wood, waste and marsh. New
holdings were often held in free tenure, a measure taken by
landowners to attract new settlers. This relationship between the
assarting of wood and waste and free tenure is a commonplace in
western European agrarian history. The growth of free tenures
was also partly a continuation of the effort we have already noted
in the twelfth century by some of the wealthier tenants to convert
their customary holdings and their own personal status. 2
England shared the general circumstances which lay at the
back of this development of free tenure with other countries of
western Europe. In some respects the results were similar. The
1 R. H. Hilton, 'Freedom and Villeinage in England', Past and
Present, 31 (1965).
2 E. Miller, The Abbey and Bishopric of Ely (1951), pp. 121 ff.;
R. H. Hilton, 'Gloucester Abbey Leases in the Thirteenth Century',
in University of Birmingham Historical Journal, IV (1952).
17
9
purchase of freedom by serfs with money was even welcomed as a
fiscal device by the French Crown and was systematically ex-
ploited.1 Another feature of the improved status of some western
European peasants was the collective acquisition through pur-
chase from their lords of chartes-lois, which lightened and defined
the obligations of whole communities, mostly of vileins, occa-
sionally of serfs. In Germany the drawing up of the famous
Weistiimer, without necessarily involving enfranchisement,
stabilised to the peasants' advantage their customary rights. In
England, however, although the occasional drawing up of
manorial custumals in the thirteenth century might be regarded
as analogous to the chartes-lois and the Weistiimer, it was the
actual growth in the number of free tenants that was the main
countervailing tendency to the predominant trend already
described - the enserfment of customary tenants. Another special
feature of the English situation was that the principal hallmark
of servility was by now the performance of heavy labour services,
even though merchet, heriot, tallage and other obligations had
been added for good measure. On the Continent, the subordina-
tion to their lords of both vileins and serfs was primarily signified
by their obligation to pay formariage, mainmorte and chevage.
Labour services on the demesne had not been an overriding
economic necessity to the lords for many years. This point is worth
emphasis in view of the tendency of some English historians to
equate serfdom too completely with the performance of labour
services.
The curious situation in England at the end of the thirteenth
century then was that, while the whole body of customary
tenants, or villeins, had been declared unfree, the proportion of
free tenants was probably greater in some areas than it had been
in 1086. Overall figures which enable comparisons to be made
are only available for a few counties, those covered by an inquiry
of 1279-80: parts of Huntingdonshire, Cambridgeshire, Bed-
fordshire, Buckinghamshire, Oxfordshire, Warwickshire and
Leicestershire. 9 These counties were probably intermediate in
social structure - at any rate as far as the matter of free and
villein tenure is concerned - between East Anglia and Lincoln-
1M. Bloch, RoisetSerfs (1920).
sHunts., Carobs., Beds., Bucks. and Oxon., printed by the Record
Commission in Rotuli Hundredorum, II (1818); Kineton and Stone-
leigh Hundreds, Warwickshire, in Public Record Office, E. 164. XV;
18
shire, well known for the large numbers of free tenants, and the
western counties, also well known for the large numbers of slaves
in 1086 and subordinated villeins at later dates. They also con-
tained at the end of the eleventh century fairly average pro-
portions of old cultivated land and woodland available for the
expansion of the cultivated area. Hence they are not a bad sample.
Except for Leicestershire, where the proportion of sokemen in the
two hundreds for which we also have data from 1279 to 1280
was 28 per cent, the highest proportion of freemen or sokemen
in 1086 was 4 per cent (Cambridgeshire). By 1279-80 the overall
proportion in the area covered by the 'Hundred Rolls' was about
40 per cent free tenants (of whom half were smallholders). This
average, of course, conceals local variations. In parts of Cam-
bridgeshire and Bedfordshire between 55 per cent and 70 per
cent of the total recorded peasant households were holding in
free tenure, whereas in parts of Oxfordshire only about 20 per
cent were free tenants.1 And if we get down to village level,
variations in social evolution are even more striking. While in
some Leicestershire villages in the two hundreds concerned there
was a straightforward growth in the number of free tenants (or
sokemen) between 1086 and 1279-80, in others we find some-
times that a small population of serfs, villeins and bordars grows
into a much larger population of free tenants (the case of
Mowsley), while in other villages the proportion of free tenants
decreased (as at Blaby) or even vanished (as at Aylestone).2
The balance between villeinage and free tenure can only be
guessed at in other parts of the country, because the evidence is
fragmentary. As a matter of general principle, it would seem that
where peasant assarting was encouraged, free tenures increased
in number. On the other hand, areas dominated by big and
highly manorialised estates tended to have a high proportion of
villeins subjected to the whole range of servile obligations, from
heavy labour services to tallage and merchet. These two sets of
conditions could of course exist within a few miles of each other,

for Guthlaxton and Gartree Hundreds, Leicestershire, see R. H.

Hilton, The Economic Development of Some Leicestershire Estates
(1947) p. 7.
1 Figures in E. A. Kosminsky, Studies in the Agrarian History of

England in the Thirteenth Century (1956) pp. 205-6,228.

2 V.C.H. Leics. II, p. 168.

19
so that the juxtaposition of tenants of very different juridical
status and economic position would add considerably to the
tensions in the countryside. Thus the fen-edge villages on the
estate of the Lincolnshire Priory of Spalding were subject to
heavy villein labour services, while other fenland villages were
occupied by almost self-governing communities of free tenants.
Suffolk's free population was strengthened as a result of the early
industrialisation and commercialisation of the county, but the
villeins on the estates of the Abbey of Bury St Edmunds owed
considerable servile obligations. Sussex likewise presents a picture
of free tenure due to assarting, by the side of heavy villein
services on highly organised estates. Villeinage on the estates of
the Abbots of St Albans was complicated by the settlement of free
adventitii from London. The evidence from some lay estates in
Hampshire shows an increase in the free population between the
end of the eleventh and the end of the thirteenth century, from
a negligible amount to a proportion of nearly 30 per cent of the
tenant population. On the other hand the overall proportion of
free tenants on the Bishop of Winchester's estate was only 5 per
cent, though on one village only it was up to 25 per cent.
Such examples could be multiplied. 1
However, in spite of the existence of very diverse tenurial
structures within the same area, it is possible to pick out broad
regional differences with regard to the greater or lesser incidence
of servile conditions. In the far north and north-west, customary
tenures predominated, often very ancient in character. The servile
nature of Northumbrian dreng and bond tenure is by no means
certain, although both were associated with the performance of
labour services. But the Northumbrian region was not univer-
sally manorialised, so in parts the equation between customary
tenure and servitude was vague. On the other hand, the
manorialising pressure of the Durham Bishopric and Priory
estate administrations resulted in a clearly servile villein popu-
lation within the Palatinate. The same sort of pressures may have
1 H. E. Hallam, Settlement and Society (1965) pp. 202--6; G. Unwin
in V.C.H. Suffolk, I; P. Wragge in V.C.H. Sussex, n; F. R. H. Du
Boulay, The Lordship of Canterbury (1966) pp. 173, 183; A. E.
Levett, Studies in Manorial History (1938) p. 191; V. M. Shillington
in V.C.H. Hants, v; J. Z. Titow, 'Land and Population on the Estates
of the Bishop of Winchester, 1209-1350' (unpublished Cambridge
Ph.D. thesis) pp. 97-8.
20
been at work in Lancashire on the de Lacy estates, for example.
Here was villeinage which was equated with servitude, but
without heavy labour services, for stock-raising rather than arable
farming was the main economic activity. Assarting, in the Forest
of Rossendale for example, did not lead to free tenure, but to
tenures at will as well as to villein tenures. Freer peasant con-
ditions in Yorkshire, on the other hand, have been shown to be
associated with the twelfth-century colonisation of the waste
(natural or man-made) but Yorkshire was also a land of feudal
and ecclesiastical landownership and of manorialisation (especially
in the Vale of York) leading to the development of villeinage. 1
In those parts of the east Midlands not covered by the 1279-80
'Hundred Rolls' there seems to have been a similar growth of
free tenures in the twelfth and thirteenth centuries. This was the
case with Lincolnshire, especially in the Fens, though the growth
in free tenures did not exclude a parallel development of villein-
age, with heavy labour services, on some of the big estates. In
Nottinghamshire and Northamptonshire, too, free tenures
increased in importance in the twelfth and thirteenth centuries,
particularly as a function of peasant assarting of the forests. This
was not altogether to the liking of some of the big estate owners.
Peterborough Abbey for instance attempted both to buy up free-
hold land in order to increase the area under demesne, and to
control the activity of its villeins who were attempting to enter
the freehold property market. The East Anglian counties under-
went a different experience from those of the east Midlands.
Already in 1086 they had a high proportion of free tenants (nearly
40 per cent). In some cases this may have been reduced by
manorialisation, but here the principal counteracting tendency
was the general development of production for the market and
in particular the industrialisation of many villages. East Anglia
like the Home Counties was also strongly affected by the pull of
London, a refuge as well as a market, for rural immigration into
the capital by the end of the thirteenth century was for the most
part from East Anglia. But production for the market could
1 J. E. A. Jolliffe, 'Northumbrian Institutions', E.H.R. XLI; F.
Bradshaw in V.C.H. Durham, II; Halmota Prioratus Dwzelmensis,
ed. W. H. Longstaffe and J. Booth (Surtees Society, 1889) passim; A.
Law in V.C.H. Lanes. II; G. H. Tupling, The Economic History of
Rossendale (1927) pp. 36-8, 70-1; T. A. M. Bishop, 'Manorial
Demesne in the Vale of York', E.H.R. XLIX (1934).
H.D.S. 21
 strengthen manorial organisation, if estate owners chose to
expand demesne production, while village industrialisation
could work in the opposite direction. These opposite trends
affected East Anglia, Essex and Hertfordshire and the consequent
tensions had their outcome in 1581.1
Of the areas affected by the development of production for the
market, and particularly by London, the more interesting is Kent.
This has traditionally been thought of as the home of peasant
freedom, whose origins have been pushed back well into the Dark
Ages. It certainly seems to be the case that in the thirteenth and
fourteenth centuries the relative freedom of tenure in gavelkind,
the characteristic form of Kentish customary tenure, was generally
admitted. Now this is a very instructive case. Gavelkind was not
like ordinary free tenure. There were associated with it in the
thirteenth century some incidents elsewhere associated with
serfdom. Gavelkind holdings also owed labour services, though
these were light and not unlike the boon services owed by some
free tenants in other counties. It may be, in fact, that what
distinguished Kent from other parts of England where customary
tenures developed into servile villeinage was that the rich
Kentish peasants were strong enough to reject the exercise of
lordship which pushed down their fellows elsewhere. This idea
is summarised by a recent writer on Kentish history in the
following succinct phrase: 'It may be that the famous Kentish
freedom was a thirteenth-century concept which arose from the
practical power of Kent landholders to handle their own estates. ' 2
Although there was a clear difference between Kent and Sussex
with regard to peasant status, in that Sussex knew no gavelkind
and villein servility on manorialised estates was to be found there,
this was still a county with considerable numbers of free tenants.
These mostly existed as a function of the assarting of woodland.
The same conditions were probably true of the Wealden part of
Surrey. But as we move westwards we enter areas more com-
1 A. B. Wallis Chapman in V.C.H. Notts. IT; E. J. King, 'The Abbot
of Peterborough as Landlord' (unpublished Cambridge thesis),
chap. IV; V.C.H. Suffolk, IT; F. G. Davenport, The Economic Develop-
ment of a Norfolk Manor (1906); W. Hudson, 'Traces of Primitive
Agricultural Organisation', T.R.H.S. 4th ser. I; K. C. Newton,
Thaxted in the Fourteenth Century (1960); G. Williams, Medieval
London: from Commune to Capital (1963) pp. 138--40.
s Du Boulay, op. cit. p. 138.
22
pletely dominated by manorialised estates of ancient foundation.
Peasant conditions in Hampshire, Berkshire, Dorset, Wiltshire,
Somerset and Devon were largely formed under the direct or
indirect influence of such estate owners as the Bishops of Win-
chester and Bath, and the Abbots of St Swithun's (Winchester),
Abingdon, Malmesbury and Glastonbury, to mention only the
most outstanding. This does not mean that the pressure was
unrelieved. In Berkshire there were quite a number of privileged
tenants of the ancient demesne of the Crown. We have seen that
there were parts of Hampshire where free tenures increased in
number in the twelfth and thirteenth centuries, perhaps as a
result of assarting, though when assarting was done within the
framework of a great estate, such as that of the bishops, it could
result in non-customary leasehold rather than free tenures. Even
in Devon, with its past history of slavery, there was a growth of
free tenures due to assarting, and the development of mining and
of new town foundations. 1
The same overall picture also applies in the west Midland
counties. Gloucestershire and W orcestershire were above all
areas of big, old, manorialised estates, mostly Benedictine, such
as those of the Bishops and Priors of Worcester, and the Abbots of
Evesham, Gloucester, Winchcombe and Cirencester (Augus-
tinian). Their influence produced a social structure somewhat
different from that of the adjacent central Midland counties of
Oxfordshire and Warwickshire where free tenure, though not
developed on the same scale as in some of the east Midland
counties, was nevertheless of considerable importance. It is true
that free tenures were associated with assart lands in such
woodland regions as Feckenham Forest in east W orcestershire,
but these were a small minority. Then the pattern changes again
as we move into the Marcher counties of Shropshire and Here-
fordshire. To the extent that a substratum of Welsh agrarian
custom remained, this could augment the numbers of both free
and unfree members of the rural population - there is no lack of
evidence for free tenants of Welsh descent. But it may be that the
availability of land for colonisation, the strong pastoral element in
the economy and the absence of large-scale early manorialisation
resulted in a high proportion of free tenants at the end of the
1 See works cited on p. 20, n. 1 above; J. S. Drew, 'Manorial Accounts
of St Swithun 's Priory, Winchester', E.H.R. LXII; E. C. Lodge in V.C.H.
Berks. II; H. P.R. Finberg, Tavistock Abbey (1951) pp. 68-75.
25
thirteenth century. Surveys of the manors on the estate of the
Bishop of Hereford before 1500 show that nearly 40 per cent
of the tenants were holding in free tenure and nearly 50 per cent
in burgage tenure. Many of these last must have been in
agricultural occupations.l

The end of the thirteenth century and beginning of the

fourteenth was the time when the situation of the customary
tenant was most affected by the servile legal status which had
been elaborated in the courts to his disadvantage for over a
century. Labour services were at their peak, and it did not matter
whether they were performed or temporarily commuted for
money (venditio operum) as far as the economic burden on the
holding was concerned. In addition there was a whole range of
monetary exactions, including an element of straight money
rent; court amercements; entry fines; tallage; multure. The
villein could be made to pay for a licence fee before being allowed
to sell any livestock; he would certainly have to pay for permission
to marry off a daughter or even a son; his daughter would have
to pay a fine if she became pregnant out of wedlock; his heir
would have to hand over his best beast or chattel as heriot (as well
as the second-best beast as mortuary to the parson); he was not
allowed to buy or sell land without permission; he was not
allowed to leave the manor. These were the basic restrictions
implicit in villeinage, and there might be more or less depending
on local custom. When one considers that free tenants were not
only allowed freedom of movement and of the alienation of their
property, but (unless they were smallholders) had less rent per
acre to pay, 2 the juxtaposition of substantial numbers of them
alongside the villein tenants must naturally have affected the
attitude of the villeins, and thus the very history of villein tenure
and status. The fact that perhaps half of the free tenants, in
areas where free tenure was abundant, were poor smallholders
does not appear to have affected the desire of often well-to-do
villeins to achieve the legal and social advantages of free status.
What is the relevance of this insistence on the existence of a
high proportion of peasants holding in free tenure at the very
time when the lords and the law courts seemed to have imposed
1 R. H. Hilton, A Medieval Society (1966); 'The Red Book of
Hereford', ed. A. T. Bannister, Camden Miscellany, XV (1929).
2 Kosrninsky, op. cit., pp. 242 ff.

24
serfdom both in theory and in practice on the customary tenants?
Most interpretations of the end of villeinage in England con-
centrate only on the history of the villeins themselves. They
relate changes in villein status to such impersonal factors as the
fall in the population, the changed land-to-labour ratio, the long-
term fall in agricultural prices. In so far as they admit that any
role was played by the conscious action of the persons and classes
involved, it is the decision of the landlords to commute labour
services, lease out demesnes and lower the overall total of rent
demands which they consider to be alone important. Any action
on the part of the peasant, while not ignored, is considered to be
irrelevant. A recent writer, for instance, states that 'historians
are in general agreement that [the Peasant Revolt of 1381] was a
passing episode in the social history of the late Middle Ages' and
goes on to say that 'it did very little to speed up and nothing to
arrest the general movement towards commutation of labour
services and the emancipation of serfs' .1
The 1381 revolt, taken in isolation, certainly cannot be seen
as the initiating event in the decline of serfdom. It was, in fact,
by no means simply a peasants' rising. And as a peasant move-
ment it was an end rather than a beginning. For, as can be
shown without going much beyond source material in print,
smaller-scale peasant risings and other symptoms of unrest had
been common since the middle of the thirteenth century. 2 For
the purposes of our present argument, the important feature in
them was that they frequently involved the claim by the dis-
contented that they were not, and should not be, serfs but free
men. For tactical reasons they sometimes made less extensive
claims, such as that they were entitled to the treatment of the
privileged sokemen of the ancient demesne of the Crown, giving
them protection against increased rents and services and certain
privileges in real actions analogous to those of free tenure. a Now
there can be little doubt that this pressure by villein tenants was
1 M. M. Postan, Cambridge &anomie History of Europe, I (2nd
ed., 1966) p. 610.
2 R. H. Hilton, 'Peasant Movements Before 1381', in Essays in
Economic History, II (1962), ed. E. Carus-Wilson.
s The problems of ancient demesne are dealt with by P. Vino-
gradoff in Villeinage in England (1892); R. S. Hoyt, The Royal
Demesne in English Constitutional History (1950); and R. H. Hilton,
The Stoneleigh Leger Book (Dugdale Society, 1960), introduction.
25
strengthened by the coexistence with them in the countryside
of the large numbers of free tenants and tenants of ancient
demesne. The fact that many of the free smallholders had a
miserable existence on the edge of starvation is irrelevant. What
is an incontrovertible fact is the constant demand for freedom of
status, sustained until 1381 and reiterated then when the actual
economic advantages of free tenure were by no means so obvious
as they had been a century earlier.

Lords' Reactions to Demands for Freedom

IN the long run the lords may have accepted the erosion of
servile villeinage. Their immediate reaction to villein claims to
what they alleged was a recently lost freedom was usually
unambiguous. By the fourteenth century the doctrine of servile
villeinage was in general well enough established for villeinage
cases in the courts to be arguments on technicalities. In so far as
the characteristics of villeinage now appear, those which are
mentioned tend to be personal rather than tenurial - merchet
and tallage at will usually being emphasised. The legal doctrine
was supported by classical as well as medieval social theory which
emphasised the natural and divine sanctions for the subordination
of serf to lord. The canon of Leicester was echoing the old doctrine
when he said of the leader of a group of villeins who asserted their
freedom:
Quidjaciet serous nisi serviet et puer eiu.s?
Puru.s servu.s erit et libertate carebzt.

There were other views of course, also ancient. Was William de

Herle, advocate of William atte Thorne against Bartholomew
Pecche in 1310, briefed by his client, or did he repeat a common-
place of lawyers when he said 'in the beginning every man in the
world was free and the law is so favourable to liberty that he who
is once found free and of free estate in a court that bears record
shall be holden free for ever'? This was said because his client had
once won a mort dancestor case, to plead in which he must have
been deemed free. It could not seriously be said as an axiom that
the law was always favourable to liberty since without the law
26 9
the shackles of servility could hardly have been fixed on the
villeins. But the expression of opinion is interesting and not
isolated. When the commune of Bologna emancipated the serfs
of its contado in 1256, the book called the Paradzsus, in which the
names of masters and serfs were entered, had a preamble that
serfdom was due to the fall of man, freedom being man's natural
condition, and Bologna the home of freedom. Very shortly after
the case of Thorne v. Pecche a preamble to the enfranchisement
of crown serfs in France in 1515 stated that every man, according
to the law of nature, should be free, but, much to the king's
displeasure, many of the common people had fallen into the bonds
of servitude. And in fifteenth-century Catalonia it was the lawyers
rather than theologians who were providing an ideological basis
for the rebellion of the servile tenants, the remensas.1
But the courts of King's Bench and Common Pleas do not
provide as much evidence as do the records of the High Court of
Parliament for the reactions of the lords in the fourteenth
century. The gathering of the Commons was above all a gathering
of lords of manors, and their feelings about the manreuvres of
villeins to acquire freedom come out in both individual and
common petitions. They complain for instance that neifs are
impleading their lords in counties other than where they were
born, so that the lords cannot stop their cases by counter-
pleading with the writ excepcio villenagii. Excepcio villenagii was
used to prove that a plaintiff was the defendant's villein and there-
fore not allowed to plead. The lords reckoned that if the case came
up where the plaintiff's origin was not known they would lose
their man, because he would be recognised once and for all as
free by a jury of his aiders and abettors. The royal reply to a
petition in 1547 gave the lords (as defendants) the right to have
the inquest taken in the neighbourhood of the plaintiff's birth-
place. What this implied was shown by a petition of the same year
which may have been connected with this ruling. A merchant of
Norwich, Richard Spynk, said that the Bishop of Ely had ordered
1 Year Book of Edward II (Selden Society) I, pp. 11-13, XII, pp.
121-3, XVII, pp. 144-62; R. H. Hilton, 'A Thirteenth-Century Poem
about Disputed Villein Services', E.H.R. LVI; Luigi Simeoni, 'La
Liberazione dei Servi a Bologna nei 1256-7', Archivio Storico
Italiano, no. 397; M. Bloch, op. cit. p. 132, also quoting similar con-
temporary formulae; J. Vicens Vives, Historia de los Remensas (1945)
p.45.
27
his retainers to prevent him from taking his merchandise out of
the city to his damage of more than 1000. He further alleged
that the Bishop had delayed a trial of the case, with Spynk as
plaintiff, before the justices of oyer and terminer in Norwich.
The Bishop also petitioned, alleging that he was being persecuted
by his villeins of Doddington (Cambs.) who were getting writs of
oyer and terminer against him in Norfolk. He wanted to deal
with Spynk by a writ of excepcio villenagii in Cambridgeshire.
Spynk said that the Bishop's power in Cambridge was so great that
he would get no justice there since all men of value (that is liable
for jury service) were either the Bishop's tenants or his paid
retainers. The Bishop denied this and the King in Parliament
ordered the excepcio villenagzi" to be tried in Cambridge. 1
Joint action by manorial lords culminated in a common
petition in 1377, illustrative perhaps as much of their state of
mind as of the discontents of the villeins. It was alleged that
villeins and tenants in villeinage were being advised by certain
persons to get copies of the relevant portions of 'Domesday Book'
concerning the manors where they were villeins, and that they
were being further advised not to do any services on the grounds
that they were discharged from all forms of serfdom whether of
body or of tenure. This seems to be a reference to attempts to
claim the rights of tenants on manors of the ancient demesne of
the Crown. Such claims, as we have mentioned, fell short of a
demand for full freedom, 2 and here the villeins are in fact
accused of going much further. They were further stated to be
resisting the lords' officials, threatening them with death should
they dare to distrain on their property in order to force them to
do their due services. The result, say the petitioners, is that the
harvest is uncut to the great loss of the lords. The petitioners then
hold out the alarming prospect of civil war, or aid to an invading
enemy, if these rebellious elements are not crushed, for they have
already collected expenses to pursue their cause and some are
already at court ready to plead. The King is asked to take quick
action against the villeins and their advisers - so as to avoid the
peril of an alliance between villeins against their lords, such as

1 Rotuli Parliamentorum (Record Commission, 1783) II, pp. 180a

and b, 192a and b.
B Cf. the remarks of Justice Inge in 1315, Year Books, XVII, pp.
144-62.
28
had recently been seen in the kingdom of France (presumably the
Jacquerie of 1358).1
Those who petitioned in 1377 must have felt that their fears
were justified by the events of 1381, when, as we have empha-
sised, freedom was at the forefront of the grievances, and, of
course, of the remedies offered, as a manreuvre, by the govern-
ment. After the defeat of the rising and its immediate aftermath,
parliamentary petitions continued, now stressing principally the
concern of the lords that villeins were evading them by moving
into towns whose franchises protected them from recapture. This
reflects the great mobility of the rural population at the end of
the fourteenth century, due, as we shall see, to many causes.
But petitions reflecting the same sort of concern about villeins
obtaining free status almost entirely die out in the fifteenth cen-
tury. The main preoccupation of the classes represented in
Parliament, as far as the social order was concerned, was rather
their helplessness in face of the demands of wage-labourers.
Indeed this preoccupation had been very much to the fore ever
since 1350. Moreover, the problems of villeinage and of the
control of labourers were by no means unconnected.

The interpretation which has been generally accepted of the end

of villein servility is that which closely relates it to the com-
mutation of labour services and the dissolution therefore of the
close tie between the dependent tenures and the manorial
demesne. T. W. Page's pioneering monograph entitled, in
English, The End of Villeinage in England (1900) originated in a
German thesis with the title Die Umwandlung der Frondiensl in
Geldrenten, that is, the 'commutation of labour service into
money rent'. P. Vinogradoff in his Villeinage in England (1892),
in spite of the many nuances in his description of villein con-
ditions, clearly considered labour services to be the basic feature
of villeinage and commutation to be the crucial factor in ending
it. This view was repeated by E. P. Cheyney in 'The Disappear-
ance of English Serfdom' in 1900. 2 But the discussion among
historians concerning the tempo, geographical location and
1 Rot. Parl. m, p. 21b.
ll E.H.R. xv. Attention may be drawn to two attempts to sum up
the commutation controversy, those of E. Lipson in The &anomie
History of England, I (1937) pp. 87 ff.; and of E. A. Kosminsky, op.
cit. pp. 172 ff.
29
reasons for the commutation of labour services, though relevant
to our theme, is not as central to it as some would think. It has
already been mentioned that neither servage nor vileinage in
France was causally linked to the performance of labour
services on the demesne. In parts of England, such as the sparsely
populated and economically backward north and north-west,
there was plenty of serfdom without labour services even in the
thirteenth century when these were generally at their height.
We have already argued that, in the twelfth century and earlier,
customary tenants owing labour service were probably free in
public law. The connection between labour services and villein
servility was made by the landowners as a matter of deliberate
policy in the late twelfth and thirteenth centuries, because they
wanted to guarantee an abundant demesne labour force so as to
increase cash incomes through production for the market. This
is the reason why, as investigations into the connection between
the commutation of services and production for the market have
shown, labour service used in lords' demesnes lasted longest where
there was a combination of market pull and landlord control of
the situation, that is in the south and south-east of the country.
It is true, of course, that landlords had tended to maintain the
theoretical apparatus of the labour-service system, organising
various forms of temporary commutation while in practice using
hired labour for most of the work done on the demesne. Labour
services most called on were boon works during peak periods of
sudden labour demand, when weather conditions required quick
mobilisation to get the hay or corn in. Many of these boon
workers were in fact free tenants.
The essence of free status and tenure was not freedom from
the acquittance of rent in the form of labour service, though the
labour discipline required for enforcing unwillingly performed
services must have made forced labour seem, for many a villein,
a very important element in his servitude. In a peasant society the
fundamental freedom, obviously enough, was the right of the
peasant, if not to the full product of his labour, at any rate to
enough to sustain a traditional standard of living. But any
medieval peasant knew, of course, that his surplus product was
going to be taken away bit by bit by landowner, by lord, by
Church and by State. Therefore the further freedoms which were
needed were those which would limit the demands of these
outsiders, make it possible to escape them or make them less
50
burdensome in terms of the peasant's income. An important
attraction of English free tenure was that an increase in services
could be appealed against in the public courts. An important
aspect of free status was that a free man could increase or reduce
the size of his landed holding by buying and selling according to
his family's needs and his own capabilities. Another was that he
could sell up and get out - or threaten to do so. Freeholders also
had a more secure access to common rights than customary
tenants, and this meant not only pasture rights but (as the
demands of villagers on the St Albans estates in 1581 indicate)
access to fisheries and hunting grounds. And if he got beyond the
stage where his main worry was to keep himself alive, and thought
in terms of profiting by selling for the market, all these things-
freedom to accumulate, freedom to build up an inheritance,
freedom to dispose of his marriageable daughters - would still
be of importance.
The question we must ask therefore is 'to what extent, when
and how did the villein tenants of late medieval England acquire
the advantages usually associated only with free tenure and
status?' What we do not have to ask is 'when were villeins made
into free tenants?' For manumissions, though not infrequent,
were not sufficiently numerous to affect the situation of the
villein class as a whole. And as John Smyth, the seventeenth-
century historian of the Berkeley family wrote, 'the laws con-
cerning villeinage are still in force, of which the latest are the
sharpest'.1 Villeinage was never abolished; it withered away. It
was in the fourteenth century that the withering process began,
but it was an uneven process and in many areas it was long before
the manorial lords faced up to the fact.
1 J. Smyth, History of the Hundred of Berkeley (The Berkeley MSS.,
m, ed. J. McLean) p. 43.

51
Economic and Demographic Factors
in the Decline of Serfdom
THERE is little doubt about the direction of the general long-
term trend in the relationship between peasants and their lords
after the middle of the fourteenth century. Rents and such
incidents of villeinage as merchets and entry fines tended to fall
in value. Money rent almost universally replaced labour rent.
Conditions of customary tenure approached those of free tenure
whether freehold or leasehold. Agricultural wages, which must
have been an important element in many middling and poorer
peasant family incomes, rose, particularly towards the end of the
fourteenth century. On such estates as still maintained manorial
demesnes worked for the lords, leasing out to farmers (often well-
off peasants) became a general policy, particularly from the
1370s. A jury from the Durham Priory village of Heworth
summed up the general situation in 1373: whereas before the
first pestilence each tenant had a separate holding, each now had
three.1 But whilst we too must be conscious of this important
change in the ratio between cultivable holdings and the number of
tenants available, we must also take into account many fluctua-
tions and cross-currents in the situation which had an important
bearing on the decline of serfdom.
One of the most significant features of the post-Black Death
situation was the great mobility of the rural population. It
affected tenant families and labourers alike - in so far as we can
separate these into different categories. As is well known, men
and women left their villages in search of high wages both in
agriculture and in industry. The demand for labour did not only
result from the shortages caused by the Black Death, however
important these may also have been. These shortages coincided
with the growth in the importance of peasant holdings of a size
which would demand the employment of labour additional to that
provided by the family. They often contained upwards of fifty
acres of arable. These were already becoming important before
1 Halmota ... Dwzelmensis, p. 121.
52 9
the end of the fourteenth century.l In addition it seems possible
that bifore the general leasing of demesnes there was a turnover
in some estates to a greater use of hired as against customary
labour, again putting up the demand.2 Whether this demand for
labour was significantly increased by the development of the
textile industry, especially in East Anglia and the south-west,
cannot be proved. The importance of urban and industrial
demand for labour in that period has been doubted. Nevertheless
such prosecutions under the Statutes of Labourers as have been
found, for Wiltshire and for Essex, for example, show that there
was a move of former workers in agriculture to industrial
villages and towns, and to a variety of non-agricultural occupa-
tions. The opportunities presented to peasants with inadequate
or barely adequate holdings must have been frequently taken
up. Such alternatives cannot but have had a great effect on the
relations between landlords and tenants. 3
The other main alternatives were better holdings at improved
terms of tenure elsewhere. There is, of course, no shortage of
corroborative evidence to that quoted from Durham which
indicated a surplus of holdings to tenants. Estate accounts show
large numbers of vacant holdings immediately after the first
plague, the immediate consequence of the heavy mortality. But,
as Miss Levett showed, for the estates of the Bishop of Winchester
these vacancies were often quite quickly refilled. This has been
confirmed for other manors in Wiltshire, for the manors of the
Ramsey Abbey estate in Huntingdonshire, for the estate of the
Cathedral Priory in Durham, for the Crowland Abbey estate in
Cambridgeshire and Northamptonshire, to quote only a few cases
which demonstrate the geographically widespread nature of the
phenomenon. This reoccupation was, however, deceptive. By
the end of the century a more permanent situation of unoccupied
holdings in the lords' hands is to be seen, and this, too, is very
1 A. E. Levett,' Notes on the Statute of Labourers', Ec.H.R. IV.
11 J. A. Raftis, The Estates of Ramsey Abbey (1957) p. 258. Dr I.
Keil notices the same phenomenon on tke estates of Glastonbury
Abbey, 'The Estates of Glastonbury Abbey' (unpublished Bristol Ph.D.
thesis).
3 N. Ritchie, 'Labour Conditions in Essex in the Reign of Richard

II', in Essays in Economic History, n; E. M. Thompson, 'Offenders

against the Statute of Labourers in Wiltshire', Wiltshire Archae-
ological Society Magazine, XXXIII.

55
widespread geographically. In some cases this was due as much
to the flight of villein tenants as to a high death-rate. The
striking figures quoted from the records of the Earl of Norfolk's
manor of Forncett for the years 1576-8 show a lapse of 20 to
25 per cent of sokeman holdings and of 76 per cent of custom-
ary holdings. At that time in particular, but especially after
the 1570s and throughout the whole of the fifteenth century,
there was a steady drift of tenants to Norwich, to the coastal
towns and to some other places, many being villages within
a twenty-mile radius. In the 1590s Ramsey Abbey villagers
began to move around in greater numbers than ever before
until, around 1400, 'the trickle of emigration burst into a
veritable tide'. Not that there was a general exodus from the
countryside. The situation was rather that peasant families
moved around, perhaps not very far from their original homes,
perhaps even just moving from one holding to another in the
same village. In Thaxted (Essex), for instance, between 1548 and
1595, three-quarters of the holdings were taken up by new
families, though only 60 per cent of these new families came
from outside the village. In one Berkshire village between 1579
and 1594 there was a 64 per cent turnover in the names of families
occupying holdings, a mobility which continued in the fifteenth
century. This is found elsewhere as well. On six manors of the
Cathedral Priory of Worcester there was an 80 per cent turnover
of tenant family names between the beginning and the end of
the fifteenth century. A study of the same phenomenon in the
Sussex village of Alciston shows that between 1455 and 1489
there was a turnover of similar dimensions, only one-fifth of the
tenant families surviving the fifty-year period.1
Not all families disappeared through migration, of course.
There were the usual biological factors of no heirs, or no male
heirs. But a study of any manorial court roll for the last one

1 A. E. Levett, The Black Death on the Estates of the See of Win-

chester (1916) pp. 83 ff.; R. Scott in V.C.H. Wilts. IV; J. A. Raftis,
Ramsey Abbey, pp. 251-2; F. M. Page, The Estates of Crowland
Abbey (1934) pp. 126-7; Davenport, op. cit. p. 72; J. A. Raftis, Tenure
and Mobility (1964) p. 153; Newton, op. cit. pp. 29-30; R. J. Faith,
'The Peasant Land Market in Berkshire' (unpublished Leicester Ph.D.
thesis) p. 63; Worcestershire data calculated from cathedral priory
manorial material by E. K. Vose (unpublished); J. A. Brent,
'Alciston Manor', Sussex Archeological Collections, vol. 106.
hundred and fifty years of the Middle Ages will reinforce the
evidence which is derived from lists of tenants at different dates.
A drop in land transactions between members of the same
family after 1550 in Berkshire can be matched by a similar pheno-
menon on the Worcestershire liberty of Tardebigge (Bordesley
Abbey). Everywhere there is a growth of inter-tenant land sales
and leases, sometimes, of course, for the benefit of relatives
whose defective title to inherit the seller or lessee might wish to
strengthen, but very often with no family link, as far as one can
see, existing. On the Sussex estates of the Pelham family
customary tenants were not only active in devising land by the
making of entails and the sale of remainders and reversions,
against the custom of the manor, but the manorial administration
actually helped them to do so (for a price) and provided copies of
the court roll entries as evidence. 1
This activity by peasants, most of them villeins, the legal and
illegal migrations to towns and villages other than those where
they were born, the transfer of lands by sale or lease to other
persons than their relatives, was not, of course, a completely new
phenomenon of the post-1350 period. But to minimise the great
increase in these actions by pointing to, say, thirteenth-century
precedents would be to deform an important development in the
history of the peasantry. The situation was different, partly no
doubt because of demographic changes but also because of the
increased self-assertiveness of the peasants themselves. This self-
assertiveness ranged all the way from a surprising willingness on
the part of whole families simply to abandon all for a new life2
to collective armed rebellion. It was on a scale which presented a
challenge to the lords, a challenge which could be met in different
ways. One way of meeting it was to meet self-assertiveness with
repression as seems to have been done in the thirteenth century.
The other way was to bow to change as inevitable, and to seek
1 Faith, op. cit.; Court Rolls of Tardebigge, Worcestershire County

Record Office, Box 1188/12; Clough, op. cit.

2 A by no means unusual entry on a Gloucester Abbey Court Roll of
1412 illustrates this. It concerns fugitives from the village ofUpleadon.
The bailiff is instructed to seize bodily Adam Adams alias Candurner
and his son Richard, who are in Gloucester in the cutlery trade (in
arte cultellerie), and Margery and Joan, his daughters, who are living
at Over and Lylton (Littleton?) (Gloucs. County Record Office,
D936a. M.4.ml.A).
other advantages from the lord-tenant relationship when the
time was propitious. As one would expect, the first reaction of the
lords was repression rather than accommodation. This view was
put forward many years ago by J. Thorold Rogers, first of all in his
History cif Agriculture and Prices, later in his Six Centuries of
Work and Wages. 1 He linked his suggestion with the view, since
shown to be wrong, that, before the great increase in wages after
the first plague, labour service had generally been commuted.
He put forward the hypothesis that, in order to beat the rise in
wages, the lords tried to reimpose services and that this produced
the situation which ended in the revolt of 1381. But, in spite of
the partial success of his critics on the narrow front of labour
services, it seems that if Rogers had written about a general
intensification of exploitation he would have been on firm
ground.
A recent general assessment of the relationships between the
principal contending classes of fourteenth-century society, the
peasants and the landowners, gives support to this wider inter-
pretation of Thorold Rogers's views. Dr G. A. Holmes has esti-
mated, by analysing the accounts of the estates of the higher
nobility, that income from landed property in the 1370s was only
about 10 per cent below what it had been in the 1540s. If the fall
in the population, as seems likely, was at least three times as
great as this, it would seem that a greater burden of rent and a
more intensive exploitation of demesne labour was being imposed
on the peasants. 2 Such burdens could, of course, only be imposed
by using the various means of coercion that the landowners had
at their disposal. These included the old restrictive laws of servile
villeinage and the new laws designed to keep down wages and to
restrict the mobility of labour.
It was suggested by A. Savine that the enforcement of the
Ordinance and Statutes of Labourers unintentionally dissolved the
manorial bonds by giving preferential protection to employers as
against manorial lords when the latter tried to assert their
seigneurial rights over villeins employed by someone else. In fact
the statutes gave clear preference to the lords who had the first
call on their villeins' labour. In her detailed and authoritative
work on the statutes, Bertha Putnam rejected Savine's views on
1 History, I (1866) p. 81; Six Centuries, 1903 ed. (1st ed. 1884) p. 254.
2 G. A. Holmes, The Estates of the Higher Nobility in Fourteenth-
Century England (1957) pp. 114-15.
56
the basis of a much more comprehensive examination of the
evidence.1 And, after all, except for an unsuccessful petition in
1368 by landowners who were not lords of villeins for the levying
of double damages on those demanding excessive wages, 2 it seems
pretty clear that the interests behind the petitions, the legislation
and the court enforcements were those of the manorial lords.
As we have seen, there was a lag, often a considerable time,
between the commutation of labour services and the leasing out of
demesnes. In any case, lords had long relied on the labour of
full-time servants rewarded by wages for the bulk of the agri-
cultural work on the demesne. Hence their interests as employers
of wage labour were as great as their interests as lords of unfree
men. They had used their seigneurial rights in the past to
ensure a supply of cheap hired labour, 3 and now they were to use
their position as justices of labourers or of the peace to attain the
same object. The overwhelming majority of the justices who
enforced the labour legislation were the local gentry, reinforced
by a few local magnates and professional lawyers. If it was true,
as we have suggested, that well-paid work for wages offered an
alternative to the servile peasant which acted as a form of pressure
on lords to improve the peasant's lot, the enforcement of the
labour legislation, if successful, would have blocked that alterna-
tive. This would have strengthened the position of the lords as
against the villeins.
Occasional evidence of conflict between rival landowners for
wage labour should not persuade us that there was a conflict in
principle between the users of hired and the users of villein
labour. Landowners who had seigneurial rights over villeins were
prepared to use those rights in this situation of labour shortage in
a variety of different ways. Robert, Abbot of Meaux (1356-76) in
the East Riding, removed some labourers who were his villeins
1 A. Savine, 'Bondmen under the Tudors', T.R.H.S. new ser.,
xvn; B. Putnam, The Enforcement of the Statute of Labourers during
the first decade after the Black Death (1908).
11 Rot. Parl. IT, p. 296a.
8 For examples of lords using members of villein families as demesne
hired labourers, see V.C.H. Leics. IT, p. 174; 'Scriptum Quoddam', in
Historia et Cartularium Monasterii Gloucestriae, m (1867) p. 213;
A. Clark, 'Serfdom on an Essex Manor', E.H.R. XX (1905). On the
estates of Ramsey Abbey at the end of the fourteenth century, free men
were paid higher wages than villeins (Raftis, Ramsey Abbey, p. 201).
57
from the service of some wealthy peasants in the village of
W awne. He required these labourers for his own ploughing.
It so happened that their peasant employers were also the
Abbot's villeins. This episode, in fact, came in the middle of a
bitter dispute between the Abbot and the villein employers, who
were trying to prove that they were crown villeins and so escape
from the yoke of near-by Meaux. They attempted to use the
Abbot's action against him, alleging a breach of the Statute of
Labourers, but in the end without success. At about the same
period (1560) the Abbot ofPipewell, Northants., was complaining
that the Warwickshire justices of labourers were making his
tenants work for other landowners, using the coercive powers of
the Statute. Like the Abbot of Meaux he was successful in
invoking his rights as a lord of villeins to give him priority over
the labour of his tenants. In 1571 and 1575 the Prior of Durham
tried to make sure that not only labourers and workmen (Zaborarii,
operarii) but cottagers and tenants who had sown no grain on, or
who had sublet, their own holdings, should be available for work
on his demesnes. The reeve and the forester of Arley were
instructed to stop all such persons from leaving the village in case
they should go off and reap for anybody but the lord and his
tenants. Prior claim by lords over their own villagers for harvest
wage labour had of course been a matter of manorial custom for
many years, but the pressure necessarily became more acute with
the post-plague shortages. 1
On the other hand some lords were prepared to exploit their
rights over their villeins' labour in other ways. In 1569 the Abbot
of Evesham charged a servile tenant at Talton (Worcs.) 20s 8d
for permission to employ his own brother. A later example, on the
same lines, which shows how long the exploitation of this type of
seigneurial right persisted, comes from Broadway in the same
county in 1424. A neif of the Abbot of Pershore was employed by
a man whose name (Henry Walker) suggests that he might have
been a fuller of cloth. The Abbot allowed Walker to have the
neif's services for six years at a payment to the Abbot of 5s 6d a
year. 2
1 Chronica Monasterii de Melsa, m (1868) pp. 131-2; Putnam,

op. cit. pp. 217-18; Halmota ... Dunelmensis, pp. 109, 127-8; W. 0.
Ault, Open Field Husbandry and the Village Community (1965) p. 13.
2 Evesham Abbey Leases, Leigh MSS., Stratford on Avon Record
Office; Public Record Office, SC 2. 210/27.
58
 The background to these incidents was, of course, the mobility
of the rural population to which we have referred, and fierce
competition between all types of employers of labour, ranging
from the powerful estate owners to the small master craftsmen
who were warned in 1576 not to take apprentices from any
township where there was a shortage of agriculturallabour. 1 The
Government was powerless to keep wages down indefinitely, in
spite of the enthusiastic and rigorous enforcement of the Statutes.
Wages of all workers rose, but it is interesting to note that the
more striking increase in real wages took place after 1580. The
following wage figures have been calculated in t ~ of wheat so
as to take into account the movement in food prices. 2

artisans agricultural labourers

1500-09 100 100
1510-19 109 121
1520-59 121 140
1540-59 156 148
1560-79 147 159
1580-99 190 255
1400-19 192 210
1420-59 182 200
1440-59 241 256

It must, however, be appreciated that contemporaries probably

thought more in terms of wages actually paid over in money than
in terms of real wages. Agricultural wages on the Winchester
Bishopric estates in pence moved as follows (piece rates, quarter
of grain, threshed and winnowed):

1500-19 585 1400-19 755

1520-59 4-78 1420-59 752
1540-59 512 1440-59 729
1560-79 655 1460-79 722
1580-99 722

1 Rot. Parl. IT, p. 340.

2 Figures from M. M. Postan, 'Some Economic Evidence of De-
clining Population in the Later Middle Ages', Ec.H.R. 2nd ser. rr,
59
These figures show a less striking jump after 1580, the big rise
appearing after 1560. Both sets of figures all the same suggest
that to begin with wages were held down to some extent, and
this may have been partly due to the enforcement of the Statute
of Labourers. It also seems to be the case that there was something
of an offensive against the landholding as well as against the
labouring peasants. Can we say, then, that there was a general
seigneurial reaction between the first plague and the 1570s,
showing itself in the successful depression of wages below their
natural level and in a relative increase in revenues from land? A
reaction which would have its consequences in peasant unrest,
culminating in the 1581 rising?
To answer this question completely to our satisfaction there
would have to be a much more complete analysis of manorial
documents - in particular, account rolls and court rolls - than
has yet been done. There are, however, indications in existing
studies that, in some cases up to the 1570s, in other cases until
later, manorial administrations were pressing as hard on tenants
as the manorial lords in their capacity as justices were pressing
on the labourers. There is some indication in places of an in-
tensification or a reintroduction of labour services. This apparently
happened in the estates of the Cathedral Priory of Canterbury,
though the trend to the reintroduction of labour services seems to
have begun after the 1514-17 famine and the drought of 1525-6.
Full labour services were exacted between 1540 and 1590. The
archbishops, too, were introducing a stringent attitude to their
tenants. Courtenay's conflict with the tenants at Wingham, who
were punished for unwillingly and badly performing carting
services by the imposition of ecclesiastical penance, was an echo
of the earlier harshness of Archbishop Islip. This prelate, who
had excommunicated John Ball (before 1566) for subversive
preaching, had been faced with difficulties over services in 1556
at Otford (Kent), services which were to be refused again in 1581.
At Northfleet in 1567 reaping services were enforced, though the
Archbishop's agents were unable to compel their performance
from all the tenants' holdings. There were similar conflicts about
boon works at Methley (Yorks.) between 1552 and 1554leading
to amercement, but eventually to partial commutation. Other

pp. 233, 226. See E. A. Kosminsky's interesting comment on these

figures in 'Feudal Rent in England', Past and Present, 7.
40
cases where there is evidence of the reimposition or intensification
of labour services include Berkshire, Surrey and Somerset. But
these indications of seigneurial reaction are not in fact the most
significant. 1
It was not, as we have emphasised, the exaction of labour
services in themselves that necessarily caused most villein resent-
ment, though the Kentish evidence shows that even light services
were felt to be an affront. This one would expect when labour was
particularly precious. But labour services were used as a means to
increase or sustain manorial profit, and if profit could be acquired
in other ways, lords would take it. Hence it was also the raising
of money rents and the financial exploitation of the incidents of
villeinage which caused trouble. Rents, from peasant tenures
rather than from demesne lessees, were being pushed up on the
Durham Priory estates after 1550. When the Abbot of Eynsham
reorganised his estate after the first plague the money that had
to be paid over in entry fines, new money rents and boon services
exceeded the old level of money rent plus commuted services.
Similarly the post-plague money 'arrentation' of holdings
formerly assessed in labour services in the Ramsey Abbey estate
involved a net increase in the burden on the tenants. Money rent
increases are found, too, on the Beauchamp manor of Elmley
Castle (Worcs.). In a Suffolk village there was a 50 per cent
increase in rent between 1558 and 1588. On the St Albans Abbey
estates resentment was roused by the determination of the
cellarer, John Mole (1354--73), to enforce the collection of rent
arrears. Of course, a general raising of rents, when tenants were
in short supply, was difficult and in the long run impossible. So
other ways of raising money were tried. At Elmley Castle in 1356
the homage was amerced the enormous sum of 20 for declaring
a fugitive tenant to be a free man, the punishment being justified
on the grounds that they had previously recognised his villeinage.
A group of Evesham Abbey leases in 1568 and 1369 cannot un-
fortunately be used to make a comparison of rents with those of
previous years owing to the lack of estate documents, but there
1 R. A. L. Smith, Canterbury Cathedral Priory (1943) chap.
IX; Du Boulay, op. cit. pp. 175, 183-93; Methley Court Rolls, printed
as an appendix in H. S. Derbyshire and G. D. Lumb, The History of
Methley (Thoresby Society, 1937); Faith, op. cit.; V.C.H. Berks. art.
cit.; H. E. Malden in V.C.H. Surrey, IT; G. Bradford in V.C.H.
Somerset, IT.
41
are similar indications of seigneurial harshness, such as a fine of
40s for permission to marry a widow tenant of a yardland, and
merchet payments as high as 20s, such as the Bishop of Worcester
was also taking from his tenants, up to 1381. The Abbot was not
making stipulations, even for villein land, about the performance
of labour services, other than boon works, but he was making
heirs surrender their right into his hands, and reissuing some-
times to the right heir and sometimes not, with the written
condition that the tenant should be justiciabili's de corpore e'b
catallis. At Killerby (Durham) in 1351 tenants were being forced
to work vacant holdings, and at Forncett in the 1370s tenants
were paying money so as not to be obliged to take up holdings
whose burdens they found too heavy. At Methley in 1351 a tenant
who tried to surrender a holding because it was unsatisfactory had
it put to him (presumably by the lord's steward) that he was
satisfied. He had to get a jury to back up his claim that he was
not, and the holding was relet to another without entry fine
because the land was so poor. 1
These examples are intended to illustrate the nature of the
pressure which some landowners put on their tenants in the
decades after the first plague. It is clear that they saw the concept
of servile villeinage as being, at that stage, essential to their
interests. This is well illustrated, not merely by the general
declarations that were made after the defeat of the 1381 rising
when the charters of freedom were revoked, but by the interest-
ing particular application quoted by Dr Holmes from a letter to
the reeve of Odcombe (Somerset) from the Council of the Earl of
March in 1391, reproving him for letting a villein holding to a
free man at a lower fine than another man, a villein, was pre-
pared to pay, and instructing him not to allow any of the lord's
neifs by blood, male or female, to leave his lordship, so long as
there was a living for them there. For the loss of a villein was as
much a form of disinheritance as the loss of land or goods.
1 E. M. Halcrow, 'The Decline of Demesne Farming on the Estates
of Durham Cathedral Priory', Ec.H.R. 2nd ser. VII; B. A. Lees in
V.C.H. Oxon. II; Raftis, Ramsey Abbey, pp. 251-2; Elmley Court
Rolls in Worcs. County Record Office 899: 95; Worcester Bishopric
Court Rolls, ibid. 173.92447 ff.; V.C.H. Suffolk, u, art. cit.; A. E.
Levett, Studies, p. 204; Evesham Abbey Leases, see p. 38, n. 2;
V.C.H. Durham, II, art. cit.; Davenport, op. cit.; Derbyshire and
Lumb, History of Methley.
42
 The efforts made to prolong servile villeinage were in the end
unsuccessful. Even the reaction which was attempted in the
immediate post-plague years was not systematic. Not all land-
lords were able to force tenants to behave as if their bargaining
position was unchanged. There are plenty of examples of the
falling trend in rents and other payments coming into operation
soon after 1350. On the Worcester Cathedral estate, for instance,
tenants were being tempted to take up vacant holdings in the
immediate post-plague years by a reduction of entry fines and a
substitution of a moderate money payment for an animal heriot
in the terms of the letting. On this estate, as on others, holdings
and portions of holdings had to be let at low money rents until
such time as someone would come along prepared to take the
holding at the old rent. Entry fines were reduced in Berkshire,
this being an obvious way for landlords to encourage tenants,
rather than by altering the customary terms of tenure. But rents
per acre also began to fall eventually, from nearly 11d at the end
of the 1370s in Forncett to little more than 6d by the middle of
the fifteenth century. At Alciston it was from the 1390s that
rents per acre began to drop. This was precisely the time when
the auditors of the Duchy of Lancaster felt the economic diffi-
culties of landlord farming seriously enough to feel impelled to
put them in writing (1388). Costs were not covered by the sale of
the products of demesne cultivation, the profits of seigneurial
jurisdiction were faltering, rents from mills and fisheries had
fallen, profits from pasturage in the Peak Forest were down,
bailiffs and reeves were refusing to do their duties in return for
their tenures, so that paid officials had to be used - the auditors
for the most part put the blame on individuals, but the trouble
was more deep-seated. The general trend of estate revenues was
downwards, typified by the fate of the revenues of the big
Augustinian Abbey at Leicester between 1341 and 1477- a fall
of one-third in the income from rents, of nearly a half of the
income from other sources.1
1 Vose, op. cit.; Faith, op. cit.; Davenport, op. cit.; Brent, op. cit.;
Holmes, op. cit. p. 126; Hilton, Leicestershire Estates, p. 86.

43
The Evolution of Peasant Tenures: Leasehold
NOW servile villeinage was historically rooted in customary
tenure. The new economic conditions caused two major changes
in this situation. First, a large amount of peasant land was with-
drawn from the area of custom and was turned into leasehold.
Secondly, customary tenure itself, without being legally en-
franchised, is once more found without the taint of servility and
becomes copyhold, liable to be held not merely by free men but
by gentry.
Leases for terms of years, for life, or at the will of the lessor,
were not new, of course, in the relations between landowners
and tenants. Furthermore, even when the bulk of peasant
land held from manorial lords was still governed by customary
rules the tenants themselves were often engaged in subletting,
usually for short terms among themselves. Although it did not
provoke such dire reactions as outright purchases of free land by
villeins, this subletting was either forbidden by lords, or they
attempted to control it. But the vetoes and attempts at control
were not particularly successful, and in many villages there must
have been quite a traffic in land among the tenants. This traffic,
of course, involved a purely economic relationship between lessor
and lessee, in contrast to the relationship between lords and
peasants which involved an element of non-economic compulsion.
But when lords increased the number of leases of a non-customary
character, they too tended to be determined by market considera-
tio:Hs, particularly since the rent was usually in money.
One of the obvious reasons for the increase in non-customary
lettings in the late fourteenth and fifteenth centuries was that
land became available to which customary rules either did not
apply, or could best be let on non-customary terms. Such land
came from the lords' demesnes and from lapsed tenements which
remained in the lords' hands. There were many varieties of
demesne lease. Sometimes the demesne was divided into small
parcels and let out piecemeal; sometimes it was let out whole
to the community of the villagers who might then divide it
amongst themselves; in the later Middle Ages it was commonly
44 9
let as a whole to single individuals or to two partners, who were
quite often well-to-do peasants of villein status. This sequence of
leasing policy was not invariable. At Forncett, for instance, the
demesne was at first leased as a whole together with the farm
buildings to two bondmen (1376-8), but after 1400 piecemeal.
Much could be written about demesne leases, but, from the point
of view of their influence in the erosion of customary tenure,
their main features were that they were almost invariably for
terms of years so that the rent and other conditions of tenure
could be adjusted according to market conditions at the end of
the term. The rent was not necessarily in cash since leasing lords
often wished to keep the demesne as a direct source of grain and
stock for their larders. In addition to the land, the live and dead
stock were usually leased too, and where relevant the remaining
labour services of the customary tenants.
As an example, we may quote a useful cross-section of types
of demesne lease from a Coventry Cathedral estate document of
1411.1 We are given information about the leases existing at that
date, of eleven demesnes in Warwickshire and Leicestershire.
The length of the leases varies as follows: eight years; twenty-
two years; sixty years; fourteen years; three years; twelve years;
then there are three tenancies at will; one whose duration is not
specified; and one where the lord seems to be under duress- the
demesne at Packington having been taken over by the tenants
without any payment of rent. Other features of these leases
present almost as much variety. Six leases provide for a rent in
kind, five of them being fixed amounts payable by single
individuals, who are named. The sixth is leased for one-third of
the grain crop. The three leases at will are for money rent, and
one of the farmers is stated to be a nativus. The lease whose
duration is not specified gives no detail either of tenant or rent.
And as we have seen, at Packington the demesne was not so much
leased as appropriated. Individual parcels of demesne were also
let at will or for terms. On the Leicester Abbey estate parcels of
demesne were already leased at will, or rather at pleasure (ad
placitum) by 1341. Later the demesnes were leased as a whole.
As mentioned above, at Forncett, the piecemeal leasing came after
the leasing en bloc. From about 1400 onwards these were leases
first of all for six or seven years, later for twelve, twenty or forty

1 Public Record Office, E. 164. XXI.

45
 years. In 1515 the Abbot of St Peter's, Gloucester, leased the
demesne of Abload (Gloucs.) to a single farmer for eighty years.
But at the date of the lease the arable and meadow land was
occupied by customary tenants holding various pieces by ter-
minable leases, so the farmer had to wait until the agreements
ended.
Leases of demesnes on non-customary terms were accompanied
by a general development of non-customary leasing of holdings.
This is so general a phenomenon that there is a danger of it
occupying too prominent a place in the interpretation of late
medieval peasant landholding, though of course the amount of
land leased in this way varied from place to place. When George
Unwin came to write about this topic for the Victoria County
History of Suffolk, he was so impressed by the domination of six-
to ten-year leasehold tenures, by the disintegration of traditional
tenements, by the emergence of well-to-do tenant farmers of a
modern type and by the use of wage labour on such demesnes as
were still cultivated, that he referred to one place (Hawstead)
in 1588 as 'in essentials a modern village'. He may be thought to
be exaggerating, even for the heavily populated and industrial
East Anglian counties. Certainly elsewhere customary tenure
remained strong, though the importance of terminable leases is
not to be underestimated. In many parts of the country short
terms of various lengths between six and twelve years are found,
but life terms (meaning on average twenty years) and longer
terms, up to forty years, are found in the late fourteenth and
early fifteenth centuries. It is difficult to see any general sequence
common to different areas or estates. In Forncett the longer leases
developed after 1400. In Durham life leases in the mid-fourteenth
century seem to have been overtaken in importance by tenures
for short terms of years (three to twelve), renewable on payment
of fines. In both types of lease tenants were able to sublet
(tabernatio). On the Pelham estates in fifteenth-century Sussex
seven years was a common term both between lord and tenant
and between tenant and tenant. But in the south-west, on the
Tavistock Abbey estate, the trend was towards a stabilisation of
leasehold terms to forty years. On this single estate there were
striking variations in the proportions of leasehold to other forms
of tenure. On the whole, there was probably a general tendency
towards the end of the fifteenth century to long leases, acquired
by the payment of considerable fines. These varied, of course,
46
according to the length of terms, the annual rent and other
largely economic factors.l

Copyhold and Customary Survivals

CUSTOMARY tenure remained strong. The development of
various forms of leasehold in demesne and tenant land may have
had an importance greater than the amount of land in such
tenure would at first suggest, perhaps as a back door to free
status for those peasants able to pay the required entry fines. But
in fact as customary tenures were turned into copyhold, as was
general by the beginning of the fifteenth century, the servility
associated with them seemed, at any rate in some places, to melt
away. The possession of a deed implying a contract between
landowner and tenant was thought by some servile tenants as
early as the thirteenth century to make them free (Nativus qui
tene'b aliquam terram per cartam incontinenti dicit se liberum), 2
so the issue to customary tenants of a copy of the entry on the
court roll recording their tenure no doubt gave the feeling of the
freedom of a contractual relationship between lord and man. This
was accepted on some estates. In the late fifteenth century
references to the servility and bondage of copyhold disappear from
the court rolls of Ramsey Abbey. After 1440 the distinction
between serf and non-serf on the Pelham estates no longer
mattered. In Berkshire the hallmarks of villeinage lasted during
the first half of the fifteenth century, and then disappeared as
tenants paid to convert their villein holdings to life-tenures.
Life-tenures in fact become very widespread on customary land,
without the lords at first dropping the use of the term 'customary'
to describe the form of the letting. As is well known, by the middle
of the fifteenth century common law was beginning hesitantly
to protect the security of copyhold tenure, as were the courts of
equitable jurisdiction, another indication that customary tenure
was being regarded as simply one among many ways of holding
land without reference to the legal and social status of the tenant.
After all, the well-known legal family, the Stonors of Oxfordshire,
1 See the works on these regions already cited.
s Cited by Finberg, op. cit. p. 251 n.
479
were not ashamed to hold copyhold land. Bishop Latimer's
yeoman ancestors were probably copyholders.
The full title of copyhold was, of course, 'tenure by copy of the
court roll according to the custom of the manor'. In many cases
tenants had achieved an advantageous situation for themselves
by the time custom hardened. The nature of the advantages
varied. In 1432 an agreement between the Prior of Binham,
Norfolk, and the villagers (who had burnt the manorial records
in 1381) represented a certain achievement for the tenants. In
addition to getting control over the services in the parishioners'
part of the priory church they got entry fines halved from 4s to
2s an acre, a fixed rate for fines on non-agricultural property
(shops and messuages) and a fixing of pasture rights as exercised
by the lord on the one hand and themselves on the other. Essex
copyhold was reputed to be 'as good as free' with rights of in-
heritance, fixed fines and opportunities for subletting, either
outside the court for three years or in perpetuity if done through
the court. Ancient demesne manors were normally privileged,
of course: the favourable conditions for the copy holders of
Corsham (Wilts.) in the second half of the fifteenth century are
very striking. Tenures were hereditary, alienation of land was
cheap and easy, whether these were sublettings or sales through
surrender to use, and the tenants chose the bailiff and the rent
collectors themselves. In the fifteenth century, on the Honor of
Clitheroe, customary tenants did not even have to surrender to
the lord in the hallmoot when they sublet, which they could do
for any period. Alienation was easy, and inheritance was guaran-
teed. Their holdings were, in fact, 'practically as negotiable as
freeholds'. In Sussex transactions between customary tenants
were often made outside the manor court. At Erdington, in
Warwickshire, although the succession to holdings and their
alienation was recorded on the court roll, the process of surrender
and reissue hardly ever seems to have occurred, even in the
fourteenth century. The lord of the manor got a heriot but there
were no fines for entry. A typical fifteenth-century entry shows
an alienation of land to a group, probably of feoffees, by virtue
of which the lord had a heriot secundum consuetudinem manerii,
which was negotiated between the alienor and the steward, and
was paid in money .1
1 In addition to works already cited, see F. B. Burstall, 'A Monastic
Agreement of the Fourteenth [sic] Century', Norfolk Archaeology,
48
 But the situation did not develop evenly. Nor was the uneven
development away from servile villeinage determined simply by
regional differences. One has the impression rather, that it was
the balance of forces between lord and villein from estate to
estate, even from manor to manor, which decided how quickly
villeins would become free copyholders. On the Duchy of
Lancaster manor of Ingoldmells (Lines.), in a part of England
where there was much free tenure, there had been in the late
fourteenth and fifteenth centuries a traffic in land between
tenants especially through the device of surrender by one tenant
to the use of another.1 In other words there was considerable
freedom in practice for peasants to build up their landed holdings.
But as late as 1492 the court rolls record a bondwoman paying
leyrwite - a mark of serfdom if ever there was one. The Canter-
bury Cathedral estates in Sussex may have had more serfs on
them than there were in free Kent, but serfdom was not all that
heavy. Yet late in the Middle Ages the prior was being tipped
off to take the savings of bondmen at Blakham on the grounds that
whatever a serf acquired he acquired for his lord. At Methley in
1465 the manorial jury was being fined for failing to report
various delinquent villeins, such as one who put his son to school
without permission and another who was living outside the
lordship. Only a few years earlier (1458) a man's holding was
seized because he had deflowered a neif by birth (nativa de
sanguine).
It is possible that the apparently uneven survival of neifty by
blood (or birth) was due to the unevenness of recent rural mobility.
N ativi de sanguine of late medieval manorial documents were
probably not surviving representatives of Anglo-Saxon slavery,
but rather members of those few villein families who had been in
the village before 1550. It is also possible that the incidents of
serfdom were preserved longest where they had been established
earliest and most firmly. Elmley Castle, chief manor in Worcester-
shire of the Earldom of Warwick, had been manorialised by the

XXXI,pt. II; A. Clark, 'Copyhold Tenure at Felstead, Essex', E.H.R.

XXVII;N. MacNunn in V.C.H. Essex, II; Tupling, op. cit. pp. 74-5;
The Tropenell Cartulary, ed. J. S. Davies (Wilts. Archaeological
and Natural History Society, 1908); Erdington Court Rolls, Birming-
ham Reference Library, Manorial MSS. no. 347858.
1 W. 0. Massingberd, Theingoldmells Court Rolls (1902).

49
 Church of Worcester in pre-Conquest times. We find here, as
elsewhere, in the second half of the fourteenth century an
increase in leases for life and term of years, and opportunities
for inter-tenant deals such as surrenders to use and the sale of
reversions. A claim by a reversioner in 1412 was proved by the
production in court of his copy of the court roll, so perhaps copy-
hold tenure was on its way. But the lord does not seem to have
been willing to see serfdom by blood disappear. A man and his
son who were nativi de sanguine had to pay 20d in 1444 for per-
mission to stay for five months in a village hardly ten miles away.
In 1478 the relatives of a neif living in near-by Pershore were
ordered to bring him in under a penalty of 20d. Merchet was
being paid in 1495 and 1498, and neifs by birth are still referred
to in 1509. This is true of the Bishop of Worcester's estate also,
where in 1503 a man described as a nativus domini de sanguine
was taking a customary holding of half a nook at the high entry
fine of 10s. In contrast, at no distance from either Elmley Castle
or from the Bishop's manors on the outskirts of Worcester, there
was another manor for which we have a continuous series of
court rolls. This was the so-called liberty of Tardebigge, a
Feckenham Forest manor of Bordesley Abbey. Life for the
peasants here was no doubt hardly idyllic, holdings were small,
and the Abbot was still trying to get boon works in 1460. But
although tenures are described as customary throughout the
Middle Ages, there is no hint of servile villeinage, and the
number of surrenders by one tenant for the benefit of another
(ad opus) suggests a fair degree of unrestricted land transactions
between tenants.
Judging by transactions in court rolls of the fifteenth century,
customary tenants whose servility was insisted upon did not
necessarily have to pay higher rents or entry fines than free men
taking copyhold land, though they still had to pay to marry off
their daughters or live out of the manors. One reason why lords
insisted in the fifteenth century on maintaining the institutions of
serfdom was no doubt because of deeply rooted ideas about social
status - the same system of ideas about status which also affected
peasants who wanted freedom, even if it gave no immediate
economic advantage. The social conservatism of the lords is
expressed in the oath which mid-fifteenth-century Spalding
Priory bond tenants had to swear when taking up holdings whose
labour services and tallages had been commuted for fixed money
50
rents: 'I xall fayth here to the lord of this lordeschep and justi-
fyable be in body, godys and in catell as his own Mann at his own
wyll. So helpe me God aile the holy doom and be this hoke.' The
other point of view was expressed by an elderly bondman of the
Abbot of Malmesbury in the 1450s who wished to be free before
he died, and his heirs and blood after him, 'and if he might bring
that aboute it wold be more joifull to him then any worlelie goode' 1

The Last Profi'ts of Serfdom

BUT the fifteenth-century aristocracy was also nothing if not
money-conscious. If servile villeinage was becoming meaningless
as an attribute of peasant tenure, there were still other ways by
which servile birth could be exploited financially. This could be
done in the first place by manumitting a serf for cash, though such
an act would have the disadvantage of removing the serf from
the possibility of further exploitation on account of his status.
Individual manumissions of course are found at least as early
as the twelfth century, but in the days of financial difficulty for
lords mass manumission was probably the best way of raising
cash. The kings of France had already tried this at considerable
immediate profit to themselves as early as 1246 and Elizabeth I
was to have a final fling in 1575. In England there are indications
of a mass manumission of the bondmen of the manor of Stratfield
Saye (Hants) in 1564 for 55, but most evidence is of individual
manumissions, and there is not enough of this to indicate more
than that the sum paid must normally have made this road to
freedom possible only for the wealthiest villeins. 2
Sums paid for manumission also varied considerably, suggesting
that they were fixed by individual bargaining. In 1517 a promi-
nent aristocrat, Sir John Botetourte, was trying to recover the
very large sum of 50 marks promised for an individual manu-
mission. A manumission by Worcester Cathedral Priory in 1555
1 W. 0. Massingberd in V.C.H. Lines. II; I. S. Leadam, Select Cases
in the Star Chamber, I, p. 127.
2 M. Bloch, op. cit. pp. 65-9; I. S. Leadam, 'The Last Days of

Bondage in England', Law Quarterl:y &view, IX; C.P.R. 1361-4,

p.509.
519
brought in 20. A neif of the manor of Oddington (Gloucs.) paid
his lord, the Archbishop of York, 6 13s 4d for his freedom in
1414. At about the same time villeins on the manors of Ramsey
Abbey were paying 10 and 20. The Malmesbury Abbey villein
referred to above had to borrow 10 from another husbandman
for his manumission. A complicated arrangement at Egginton
(Derbys.) in 1444 shows a manumission sold relatively cheap,
for 3. But a squabble about a manumission promised and then
delayed by the Prior of Ely, in 1465, reveals that the price was
set at 10. 1
There were other ways of profiting from villeinage without
ending it by an act of manumission. One of the most striking
episodes in the financial exploitation of villeinage in the fifteenth
century is very well known. 2 It occurred in the Wiltshire village
of Castle Combe, a centre of cloth manufacture grown up within
a traditional social framework where clothiers as well as husband-
men were of villein status. One of these bondmen, William
Heynes, who died in 1434, was a clothier of considerable wealth.
This was investigated by the Council of the lord, Sir John
Fastolf, well known as a keen man on money matters. They
estimated his movable goods at 3000 marks (ten times the
amount calculated by a local jury), and the widow had to pay
140, compounding thus for heriot, entry fine and the right to
remarry. In this case the lord had the villeins in the palm of his
hand, and must have known as much as anybody about the
wealth of the clothiers since he himself put important orders for
cloth to them. In most other cases about which we know from
the records of the courts, the prosperous villeins - or ex-villeins -
were not to hand. They had removed themselves to other villages
or towns. Migration to the towns had, of course, been the main
feature of urban population growth for two or more centuries.
To this movement was added the increased inter-village mobility
which we have already noticed. So after the end of the period of
1 C.P.R. 1313-17, p. 678; Vose, op. cit.; Gloucs. County Record
Office, D621. M.7; Raftis, Ramsey Abbey, pp. 284-5; C.C.R.1441-7,
p. 215; W. P. Baildon (ed.), Select Cases in Chancery (Selden Society,
1896) no. 146.
2 Documents published by G. P. Scrope, History of the Castle and
Barony of Castle Combe (1852) pp. 223-6; further comment, among
others, by E. M. Carus-Wilson, 'Evidences of Industrial Growth on some
Fifteenth-Century Manors', in Essays in &onomic History, II.
52
 social upheavals, which was prolonged into the nineties of the
fourteenth century, the pursuit of wealthy villeins became one
of the main ways by which the lords could make money out of
the villein condition.
To begin with, of course, the obvious hunting ground for ex-
villeins would be the towns where, particularly before the
expansion of rural industry, there would be the greatest con-
centrations of moneyed wealth. An interesting early case, a
fiasco as it happened, was in 1308 when the bailiff of Sir Robert
Tony imprisoned Simon of Paris, a free citizen of London, on a
visit to his native village of Necton, Norfolk - or as Tony's
attorney called it, his 'villein nest'. Paris (who probably got his
surname by marriage into an old London family of that name)
had been a citizen for ten years, had been sheriff in 1302--3 and
had been a City chamberlain and alderman. He was a mercer and,
no doubt, rich. On visiting Necton he had been offered the post
of reeve, the acceptance of which would be a proof of villeinage,
and which he refused. The case dragged on for four years. Al-
though he had villein relatives in Necton, owing merchet and
tallage, his captors could not prove that they were seised of him as
a villein when he was arrested. They had to pay 100 damages.
The Bishop of Ely's attempt to establish the villeinage of Richard
Spynk, merchant of Norwich, in 1347, to which we referred
above in another context, would be no more motivated by the
wish to reintegrate the victim into the rural community than
was the earlier capture of Simon of Paris. It was an attempt to
make a quick profit, and so, no doubt, were other attacks on
Londoners. Such, one suspects, was the background to an order
sent in 1400 to the Abbot of Chertsey by chancery, instructing
him not to molest or imprison Thomas Stanes alias Smyth,
whom he claimed as his villein. Smyth's mainpernors for legal
proceedings were a group of London vintners. Common petitions
to Parliament in the late fourteenth century complaining about
villein flight to urban franchises and especially London were no
doubt mainly a reaction to the contemporary mobility of the
rural population, but it may have occurred to some of them too
that there would be other advantages in weakening the protec-
tion of urban custom.l

1 Year Books of Edward II, pp. 11-13; C.C.R.1J99-1402, p. 175;

Rot. Parl. II, p. 319b; m, pp. 212b, Q96b, 448.
55
 On the Sussex estate where the distinction between free and
villein tenures was ceasing to be relevant in the fifteenth
century, all the same letters of pursuit were being sent out for
serfs who were outside their manor of birth. 1 Some victims were
townsmen, but by no means all. We have an example from a
milieu which reminds us of Castle Combe. John K yngesson, a dyer
('litster') of Wainfleet in Lincolnshire, in 1410 was imprisoned
for nearly six months by the guardian of Gilbert Umfraville,
lord of the manor of Friskney, Lines., who claimed him as a neif
of that place. The sheriff seems to have been reluctant to replevy,
on court order, the cattle and other chattels belonging to
Kyngesson and it was not until 1413 that a second order to
proceed to judgement was sent. Since Kyngesson was claiming
200 damages it would seem that he considered himself a person
of some consequence. Another example of a well-to-do sufferer
comes from the records of the court of chancery between 1443
and 1450. John W ayte, lord of the manor of Lee on the Solent,
Rants, imprisoned John Bishop of Ramble le Rice and confis-
cated cash, plate, cloth and household goods valued at over 100,
some of it belonging to another person but in his keeping. In
justifying this confiscation W ayte said that Bishop, like his
ancestors, was a villein appertaining (regardaunt) to his manor of
Lee, and that therefore he and his heirs had 'alle maner auauntage
to seise and claym the same John Bysship and his heires and theire
blode, alle theire landes and tenementez, godes and catallis .. .'2
A late example of the exploitation of wealthy peasants of
supposed villein status comes from the records of the court of Star
Chamber. Robert Carter, a tenant of the Abbot of Malmesbury in
1500 petitioned the Chancellor against the action of the Abbot
who had had him arrested and imprisoned him as a bondman,
ostensibly 'because the seid Robert wold not be justified by the
seid ... abbot' . 3 But the goods confiscated suggest a more practical
reason: they were (according to the plaintiff) five bullocks, ten
cows, nine calves and 109 sheep, the Abbot himself admitting
to the same number except that he only acknowledged the
1 Miss Clough, op. cit., gives example of four families.
2 C.C.R. 1409-13, pp. 42-3, 127, 136, 179,; and 1413-19, p. 43
Baildon, Select Cases, no. 139.
3 Probably 'justiciable' rather than 'controlled' as suggested by

I. S. Leadam, Select Cases in the Star Chamber, I, p. 123, n. 5. See

the oath sworn by Spalding Priory tenants above, p. 51.
54
impounding of fifty-three sheep and eight lambs. This amount of
livestock- not necessarily the whole of the plaintiff's possessions-
already indicates a man of reasonable prosperity who could be
made to buy his freedom with a substantial fine. It is possible
however that the Abbot lost his case, for aged witnesses came to
testify that Carter's grandfather had indeed bought a charter of
manumission from the Abbot's predecessor which Carter
accused the Abbot of misappropriating. Another late example of
an attack on a wealthy man alleged to be a villein suggests
perhaps mixed motives. Richard Hartopp of Burton Lazars in
Leicestershire was, it would seem, a wealthy grazier, assessed in
the 1524 subsidy on 30 worth of goods more than anyone else in
the village. His particular style of husbandry brought him into
conflict with two local landowners in 1520 when he broke their
enclosures and pastured his animals on their grass, and with
three esquires and two gentlemen in 1533, when he did the
same to them. In 1536 he was evading the tithe owner by moving
his sheep from field to field so as to prevent tithe lambs being
taken. It was no doubt his wealth, and perhaps some lack of
popularity among the gentry, that prompted Thomas Sherard of
Stapleford to declare him a bondman and to try to extort his goods
from him by force. Sherard cannot have hoped to bring Hartopp
into his power, and in fact the Hartopps eventually acquired the
greater part of the lordship of Burton Lazars. 1

The Equivocal End of English Peasant Serfdom

IN some respects then, servile villeinage in England ended up
with a number of acts of banditry by lords of manors against
former villein tenants, or against those whom they claimed as
such. The importance of villeinage in sixteenth-century England
is a very doubtful matter. It was sufficiently present in men's
minds as a condition of shame for Kett and his followers in 1549
to ask 'that all bond men may be made free, for God made all

1!. S. Leadam, op. cit. pp. 118ff.; G. Farnham, Leicestershire

Village Notes, 1 (1929) pp. 264-5 and v (1931) p. 374.
559
free with his precious blood shedding' and for a man at Ingoldmells
in 1568 who called another 'a thee, and a villayn and a
blood -' to be fined 16s, with 2s costs for trying to deprive the
plaintiff of his good reputation and name. Queen Elizabeth's
famous grant to Sir H. Lee in 15 75 first of 200 crown bondmen,
subsequently of another 100, for compulsory manumission, shows
that bondage had some important survivals, particularly since the
bondmen, mostly rather wealthy tenants of not inconsiderable
amounts of land, had to pay a third of the value of their lands
and goods. On the other hand social analysts of the period either
minimise or deny the existence of serfdom in the England of their
day, as E. P. Cheyney has pointed out. Sir Thomas Smith, in the
section 'On Bondage and Bondmen' in his De Republica Anglorum
(1565), discusses the historical and legal difference between villeins
of slave ancestry ('villens in grosse') and those whose ancestors
were simply customary manorial tenants ('villaines regardants',
equated by Smith with the Roman coloni ascripticzi glebae ). But,
as far as contemporary England was concerned, he says: 'Neither
of the the one sort nor of the other have we any number in
England. And of the first I never knewe any in the realme in my
time; of the seconde so fewe there be that it is not almost worth
the speaking.' William Harrison, writing in his Description cif
England in a chapter 'Of degrees of people in the Commonwealth
of England' (1577), says: 'As for slaves and bondmen we have
none; nay such is the privilege of our country by the especial grace
of God and bounty of our princes, that if any come hither from
other realms, so soon as they set foot on land they become so free
of condition as their masters, whereby all note of servile bondage
is utterly removed from them.' And Thomas Wilson, writing in
1600, knows only the following rural groups below the gentry:
yeomen, copyholders and cottagers. He does not as much as
mention villeinage, neifty, serfdom or bondage.!
In the most recent study of agrarian society in the sixteenth
century, one of the contributors writes: 'Despite the development
of capitalist farming and the virtual extinction of serfdom, the
1 F. W. Russell, Kett's Rebellion in Norfolk (1859) p. 51; Ingold-
melts Court Rolls, p. 289; Savine, op. cit.; Sir Thomas Smith, De
Republica Anglorum (ed. L. Alston, 1906) pp. 130ff.; Harrison's
Description of England (ed. F. J. Furnivall, 1877) p. 134; Thomas
Wilson, The State of England (ed. F. J. Fisher; Camden Miscellany,
XVI) pp. 19-20.
56
structure of farming society yet remained intensely patriarchal. '1
Even the most superficial knowledge of the English agrarian
structure as late as the end of the nineteenth century suggests
that 'farming society' retained so strict a hierarchy of overlord-
ship and subordination, from the landowner through the tenant
farmer to the agricultural labourer, that one might have wondered
whether it mattered that legal serfdom became virtually extinct
three centuries earlier. What then is the significance of legal
serfdom in England and its disappearance, not, in fact, as late as
the end of the sixteenth century but rather a century earlier?
Generalising principally from French peasant history, Georges
Duby writes: 'Formerly class distinctions had been drawn
according to the hereditary and juridical lines separating free
men from unfree. But by 1500 it was a man's economic con-
dition which counted most.' As will be appreciated from what
has been written here, this situation was reached probably a
century or more later in England. The English peasants were
able to take advantage of economic and demographic circum-
stances which were in themselves beyond their control, as they
were beyond the control of the manorial lords and the Govern-
ment. But, as J. Vicens Vives has reminded us, it was not in-
evitable that the economic difficulties of the later Middle Ages
should result in the loosening of the bonds of serfdom. This was
precisely the time when in east Germany and in the states of
central and eastern Europe they were being tightened. It was at
the end of the fourteenth century and in the fifteenth century
that the malos usos were being imposed most stringently on the
Catalan customary tenants, not to be removed until after the two
wars of the remensas at the end of the fifteenth century. It is
therefore difficult to avoid the conclusion that in England, in
addition to the mobility and scarcity of labour, surplus of land
and shortages of tenants, such non-economic factors as the refusal
of peasants to accept the implications of serfdom and the inability
of the landowners to force them to do so were responsible also for
the favourable situation for tenants in the fifteenth century. 2

1 A. Everitt in Joan Thirsk (ed.), The Agrarian History of England

and Wales, IV (1966) p. 400.
2 The Rural Economy and Country Life in the Medieval West
(1968) p. 282; J. Blum, 'The Rise of Serfdom in Eastern Europe',
American Historical Review, LXII; M. Malowist, 'The Economic and
57
 The success of the English peasants in the fifteenth century
turned out to be a very qualified one. Copyholders and lease-
holders were in a strong position so long as the real economic
factors favoured low rents, moderate fines, long leases and the
choice by the tenant of his heir. But this situation was already
beginning to change before the end of the century. Attempts in
common law and equity to give all copyhold a security equivalent
to freehold bear witness to the fact that the security of copyhold
was under attack. 1 Landowners and capitalist farmers (especially
grazier lessees) already wanted to convert arable to pasture at
the end of the fifteenth century and when prices began to rise
rapidly in the sixteenth century the weak points in manorial
custom were sought out. Not all of the descendants of the
medieval villeins went under. Some villein peasant families who
were enriched during the period of land abundance and easy
demesne leases became yeomen and even gentry in the sixteenth
century. Otherwise the rural population, whether labourers or
mere husbandmen, suffered a reversal of fortune. Nevertheless,
their ancestors had won for them a definite gain. There was no
question (in spite of nostalgic sighs from such as John Smyth of
Nibley)2 of the reimposition of individual legal serfdom, though
this could not have been due to the tender-heartedness of the
rulers. In the circumstances, when capitalist farming on the

Social Development of the Baltic Countries from the Fifteenth to the

Seventeenth Centuries', Ec.H.R., 2nd ser. XII; J. Vicens Vives, op.
cit. chap. I.
1 I. S. Leadam, 'The Security of Copyholders in the Fifteenth and
Sixteenth Centuries', E.H.R. VIII; A. Savine, 'English Customary
Tenure in the Tudor Period', Quarterly Journal of Economics, XIX.
2 Smyth's remarks, already mentioned (p. 31), deserve quoting in
full: 'and I conceive (which also a learned writer hath lately published}
that the Lawes concerning villeinage are still in force, of which the
latest are the sharpest; but now, saith hee, and that most truly in
mine opinion, since slaves were made free which were of great use
and service, there are grown up a rabble of Rogues, cut-purses and the
like mischievous men, slaves in nature though not in lawe: And if any
thinke this kind of dominion not to bee lawfull, yet surely it is naturall:
And certainly wee find not such a latitude of difference in any
creature as in the nature of man; wherein the wisest excell the most
foolish of men by farre greater degree then the most foolish of men
doth surpasse the wisest of beasts .... '
58
basis of wage labour, rather than demesne cultivation with the
aid of tenants' services, was the predominant mode of agricultural
production, and when a strong apparatus of public control could
guarantee the payment of rent, there was no need of it. As R. H.
Tawney wrote: 'Villeinage ceases but the Poor Laws begin. '1
1 R. H. Tawney, The Agrarian Problem in the Sixteenth Century
(1912) p. 46.

59
Select Bibliography
SERFDOM and villeinage have sometimes been the exclusive
subject-matter of books and articles, but these topics have usually
been dealt with, amongst other matters, in most works concerned
with medieval agrarian history. Consequently a bibliography of
medieval peasant serfdom could well be the same as one for the
whole agrarian history of the Middle Ages. The bibliography con-
tains the works most directly relevant to the matter in the text.

1. European Serfdom
Of the many works covering this topic the most useful for back-
ground reading are:
M. Bloch, articles on serfdom collected in his Melanges His-
toriques, I (Paris, 1965).
G. Duby (trans. Cynthia Postan), The Rural Economy and
Country Life in the Medieval West (1968), is the latest
synthesis on the subject.
M. M. Postan (ed.), Cambridge Economic History cif Europe,
I (2nd ed., Cambridge, 1966), contains articles on individual
countries (including England) of great importance.
L. Verriest, Institutions M edievales ( 1946), contains some effective,
though limited, criticism of Bloch's ideas.
J. Vicens Vives, Historia de los Remensas en el siglo XV (1945),
is a classic study of the impact of the problem of serfdom on
national politics.

II. English Serfdom in the Later Middle Ages (source material is

not included)
E. P. Cheyney, 'The Disappearance of English Serfdom', E.H.R.
xv (1900). An interesting early interpretation with emphasis
on the commutation of labour services.
A. Clark, 'Serfdom on an Essex Manor 1508-78', E.H.R. XX
(1905).
'Copyhold Tenure at Felstead, Essex', E.H.R. XXVII (1912).
This discusses copyhold in the late sixteenth century,
enshrining medieval custom.
60
Marie Clough, 'The Pelham Estates in the Fifteenth Century'
(unpublished Cambridge Ph.D. thesis, 1957). Describes in
detail estates straddling weald and lowland.
F. G. Davenport, The Economic Development rif a Noifolk Manor
(Cambridge, 1906; reprinted 1968). An important and
detailed manorial study of the Earl of Norfolk's manor of
Forncett.
'The Decay of Villeinage in East Anglia', T.R.H.S. new ser.
XIV ( 1900). Based mainly on Forncett records.
J. S. Drew, 'Manorial Accounts of St. Swithun's Priory, Win-
chester', E.H.R. LXII (1947). Strikingly illustrates the
pressure of estate administration.
F. R. H. Du Boulay, The Lordship of Canterbury (1966). A very
detailed description of social and economic conditions in
Kent and Sussex.
Christopher Dyer, 'A Redistribution of Incomes in Fifteenth-
Century England', Past and Present, 59 (1968). An un-
usual aspect of the silent conflict between landlords and
tenants.
R.. J. Faith, 'The Peasant Land Market in Berkshire' (unpub-
lished Leicester Ph.D. thesis, 1962). A very original examina-
tion of changes in peasant family structure and custom in the
late middle ages.
'Peasant Families and Inheritance Customs in Medieval
England', Ag.H.R. XIV (1966).
H. P. R. Finberg, Tavistock Abbey (1951). Important for social
conditions in Devon.
H. L. Gray, 'The Commutation of Villein Services in England
before the Black Death', E.H.R. XXIX (1914). An important
contribution to the commutation discussion.
H. E. Hallam, Settlement and Society (1965). A very detailed
account of the social evolution of Fenland communities to
the end of the thirteenth century.
R.. H. Hilton, The Economic Development of Some Leicestershire
Estates in the Fourteenth and Fifteenth Centuries (Oxford,
1947).
A Medieval Society: The West Midlands at the end rif the
Thirteenth Century (1966).
'A Thirteenth-Century Poem about Disputed Villein Services',
E.H.R. LVI (1942).
61
 'Peasant Movements before 1581' in Essays in Economic
History, II (1962), edited by E. M. Carus-Wilson.
'Freedom and Villeinage in England', Past and Present, 51
(1965).
G. A. Holmes, The Estates of the Higher Nobility in Fourteenth-
Century England (Cambridge, 1957). Concerned more with
landowners than with peasants.
J. E. A. Jolliffe, 'Northumbrian Institutions', E.H.R. XLI ( 1926).
I. J. E. Keil, 'The Estates of Glastonbury Abbey in the Later
Middle Ages' (unpublished Bristol Ph.D. thesis, 1964).
E. J. King, 'The Abbot of Peterborough as Landlord' (unpublished
Cambridge thesis, 1966). Deals with the market in free
tenures.
E. A. Kosminsky, Studies in the Agrarian History cif England in
the Thirteenth Century (Oxford, 1956). An indispensable
analysis of the 1279-80 Hundred Rolls.
'Feudal Rent in England', Past and Present, 7 (1955). A
Marxist critique of views about late medieval social trends.
I. S. Leadam, 'The Security of Copyholders in the Fifteenth and
Sixteenth Centuries', in E.H.R. VIII ( 1895). An important
contribution by a legal historian. Emphasises reality of
security.
'The Inquisition of 1517', T.R.H.S. new ser. VI (1892),
discusses copyhold security with reference to early en-
closure.
'The Last Days of Bondage in England', Law Quarterly
Review, IX (1895), describes Elizabethan manumissions.
A. E. Levett, The Black Death on the Estates of the See of Win-
chester (Oxford, 1916). A fundamental, though disputed,
interpretation.
Studies in Manorial History (Oxford, 1958). Contains a detailed
analysis of conditions in St Albans Abbey estates in the
fourteenth century.
'Notes on the Statute of Labourers', Ec.H.R. IV ( 1932).
E. Miller, The Abbey and Bishopric cif Ely (Cambridge, 1951).
Important for the position of the peasants in the East Mid-
lands before the fourteenth century.
K. C. Newton, Thaxted in the Fourteenth Century ( 1960).
J. F. Nichols, 'An Early Fourteenth Century Petition from the
Tenants of Bocking to their Manorial Lord', Ec.H.R. II
(1950).
62
F. M. Page, The Estates cif Crowland Abbey ( 1954).
M. M. Postan, 'The Chronology of Labour Services', T.R.H.S.
4th ser. XX (1957). An important article stressing the dis-
integration of the demesne in the twelfth century.
'Some Economic Evidence of Declining Population in the Later
Middle Ages' Ec.H.R. 2nd ser. II (1950). A more general
survey of social conditions than the title implies.
'The Famulus: The Estate Labourer in the Twelfth and
Thirteenth Centuries', supplement no. 2 to Ec. H.R. ( 1954).
(ed., with C. N. L. Brooke), Carte Nativorum (Northants.
Record Society, xx, 1950). The introduction contains im-
portant observations on the peasant land market.
B. Putnam, The Enforcement of the Statute of Labourers during
the ji"rst decade after the Black Death (New York, 1908). An
indispensable work with a large appendix of documents.
J. A. Raftis, The Estates cif Ramsey Abbey (Toronto, 1957). An
analysis with a statistical emphasis.
Tenure and Mobz1ity (Toronto, 1964). Based on Ramsey Abbey
documents, and concentrating on peasant conditions.
N. Ritchie (m!e Kenyon), 'Labour Conditions in Essex in the
Reign of Richard II', in E. M. Carus-Wilson (ed.), Essays in
Economic History, II (1962).
J. T. Rogers, A History of Agriculture and Prices in England.
The medieval volumes (I-IV, 1866-82) contain not only
statistical material but many shrewd comments by a pioneer
of economic history.
A. Savine, 'English Customary Tenure in the Tudor Period',
Quarterly Journal of Economics, XIX (1905).
'Bondmen under the Tudors', T.R.H.S. new ser. XVII (1905).
Savine takes a less favourable view than Leadam of attempts
to give security to copyhold tenants.
R. A. L. Smith, Canterbury Cathedral Priory (Cambridge, 1943).
An important estate history, but from the estate owner's
rather than from the tenant's point of view.
E. M. Thompson,' Offenders against the Statute of Labourers
in Wiltshire', Wiltshire Archaeological Society Magazine,
XXXIII.
J. Z. Titow, 'Land and Population on the Estates of the Bishop of
Winchester, 1209-1350' (unpublished Cambridge Ph.D.
thesis, 1962). An admirable analysis in terms of demographic
expansion and land use.
65
G. H. Tupling, The Economic History of Rossendale (Manchester,
1927). The first chapters deal well with the relations be-
tween economic expansion and tenurial conditions.
W. Page, L. F. Salzman, R. B. Pugh (eds.), The Victoria History
of the Counties of England (in progress). The articles on
'Social and Economic History' in earlier volumes are very
varied in quality, but even the least satisfactory include
useful evidence. Later policy has been to have specialist
articles on agrarian history (e.g. Leicestershire, Wiltshire).
P. Vinogradoff, Villeinage in England (Oxford, 1892). The
pioneer work in the subject, by no means superseded.
E. K. Vose, 'The Estates of Worcester Cathedral Priory' (n.d.)
(unpublished economic history of an important and well-
documented estate).
J. A. Wooldridge (Mrs Brent), 'Alciston Manor' (unpublished
Bristol M.A. thesis, 1965). Now published in Sussex Archeo-
logical Collections, vol. 106 (1968).

64
Glossary
adventitius immigrant.
amercement payment to the lord of the court by a person
found guilty of some trespass in order to have
the lord's mercy. The equivalent of a fine in a
modern court.
ancient demesne of land which was the king's land at the time of
the Crown Domesday Book.
ancilla female slave.
assart land won for cultivation from wood or
waste.

boon work labour service performed as a boon to the

lord, voluntary in theory only. They were
normally harvest services.
bordar smallholder.

ceorl free man in Anglo-Saxon law.

charte-loi charter of privilege granted in France and
French-speaking countries to urban and rural
co=unities.
chevage (French) an annual poll tax levied by the
lord of a seigneurie. (English) an annual poll
tax levied by the lord of a manor either on
i=igrant workers or on villeins allowed to
live out of the manor, or on both.
colonus free peasant in the earlier Roman period,
virtually a serf by the late Empire.
co=utation conversion of the value of labour services into
a monetary payment.
copyhold the late medieval form of customary tenure,
the copy of the court roll entry of admission
to the holding serving as the tenant's title-
deed.
cottar smallholder.
Curia Regis the King's court, used here in reference to its
judicial capacity.
custumal statement of manorial custom in England.
65
demesne land on a manor not held by free or villein
tenants but directly cultivated for the lord by
an agent.
dreng customary tenant in Northumbria.

entry fine payment by a tenant as a condition for

admission to a holding.

formariage (French) similar to the English merchet.

free tenement a term of wide meaning since it included
tenures such as knights' fiefs, urban burgages
and the holdings of free peasants.

gavelkind customary free tenure in Kent.

heriot payment at the death of the tenant to the

lord of the best chattel of the holding (usually
an animal).
homage the body of manorial tenants who did homage
to the lord for their holdings.

justices of oyer justices on circuit commissioned to hear and

and terminer complete pending cases.

leyrwite fine paid by unchaste bondwoman, normally

when discovered to be pregnant but u ~
married.

mainmorte (French) similar to the English heriot.

manor the unit of territorial lordship, not necessarily
coinciding with the village or hamlet, often
but not invariably containing three elements:
demesne, free tenures and customary tenures.
Sometimes contained only one or two of these
elements.
manumission the act by which a lord freed a serf.
merchet payment for permission to marry off a
daughter (less frequently a son).
mort dancestor a pleading in the royal courts, concerning
claims by an heir that another had usurped
his rightful succession to a free tenement at
the death of the parent.
mortuary the payment to the rector from a dead
parishioner's goods of the second-best chattel.
66
multure payment of a fraction of the grain ground to
the lord of the mill, or the miller.

neif a person servile by birth and blood (Latin

l1ttivus, l1Ltivus de sanguine).

pouvoir bal1Ll (French) jurisdictional power of lord over

subject.
pouvoir domal1Ll (French) jurisdictional power of landowner
over tenant.

replevy to return distrained goods to their owner by

process of law.

servus casatus (Latin) slave provided with a holding.

sokeman free peasant, found in greatest numbers in
the East Midlands.

tallage an annual tax levied on unfree tenants.

toll (Latin tolnetum) payment for leave to sell
livestock.

villein a customary tenant, in England regarded as

unfree from the thirteenth century. The
French vilein was always regarded as free in
public law.

Weistiimer (German) statement of manorial custom.

wergild monetary value of a man's life, varying
according to social status, in Anglo-Saxon and
other early Germanic laws. Used for com-
pensation in case of killings.

yardland a peasant holding in the common fields,

usually 25-30 acres of arable with appur-
tenant meadow, pasture and common rights.

67
Index
Abingdon Abbey (Berks.), 23 Cambridgeshire, 18, 19, 28, 33
Abload (Gloucs.), 46 Canterbury Cathedral Priory, 40,
Adams alias Candumer, Adam, 49
35n. Carter, Robert, 54
Richard, 35n. Castle Combe (Wilts.), 52
Margery, 35 n. Catalonia, 27
Joan, 35n. ceorl, 13
adventitii, 20 chartes-loi, 18
..t.Elfric's Colloquy, 14 Chertsey, Abbot of (Surrey), 53
Alciston (Sussex), 34, 43 chevage, 18
amercements, 24, 41 Cheyney, E. P., 29, 56
ancient demesne of the Crown, Church, 11
23,25,28,48 Cirencester, Abbot of (Gloucs.), 23
ancillae, 15 Clitheroe, Honor of (Lanes.), 48
Arley (Durham), 38 coloni, 10
assart, 17, 19, 21,23 Co=on pleas, court of, 27
Aylestone (Leics.), 19 co=on rights, 31,48
Commons in Parliament, 27
Ball, John, 40 co=utation, 24, 29, 30, 40
Bath, Bishop of, 23 copyhold, 44, 47 ff.
Bedfordshire, 18, 19 Corsham (Wilts.), 48
Berkshire, 23, 34, 35, 41, 43,47 cottarii, 13
Binham, Prior of (Norf.), 48 Courtenay, William, Archbishop
Bishop, John, 54 of Canterbury, 40
Blaby (Leics.), 19 Coventry Cathedral Priory
Black Death, 32 (Warws.), 45
Blakham (Sussex), 49 Crowland Abbey (Lines.), 33
Bologna, commune of, 27 Curia Regis, 16,17
boon works, 30, 41,42 custom, manorial, 35, 48
bordarii, 13, 14 cutlery trade, 35 n.
Bordesley Abbey (Worcs.), 35, 50
Botetourte, Sir John, 51 demesne, 11, 14, 15, 16, 29, 30,
Broadway (Worcs.), 38 32,44-5
Buckinghamshire, 18 Devon,23
burgagetenure,24 Doddington (Cambs.), 28
Burton Lazars (Leics.), 55 Domesday Book, 12, 13, 14,28
Bury St Edmunds Abbey (Suf- Dorset, 23
folk), 20 dreng, 20
69
Duby, Georges, 57 Harrison, William, 56
Durham, 55 Hartopp,Ric hard,55
Durham, Bishopric of, 20 Hawstead (Suffolk), 46
Priory of, 20, 52, 55, 58, 41, 46 Henry I, the laws of, 15
Herefordshir e, 23
East Anglia, 18, 21, 22 Hereford, Bishop of, 24
Egginton (Derbys.), 52 heriot,15,17 ,24,43,48,5 2
Elizabeth I, 51, 56 Herle, William de, 26
Elmley Castle (Worcs.), 41,49 Hertfordshir e, 22
Ely, Bishop of, 27-8, 55 Heworth (Durham), 32
Prior of, 52 Heynes, William, 52
entail, 55 Holmes, G. A., 36, 42
entry fine, 24, 52, 41, 42, 45, 48, Hundred Rolls of 1278-80, 18,
52 19,21
Erdington (Warws.), 48 Huntingdons hire, 18, 35
Essex, 22, 55, 48
Evesham, Abbot of (Worcs.), 25, Inge, Justice, 28 n.
58 lngoldmells (Lines.), 49, 56
Abbey (Worcs.), 41 Islip, Simon, Archbishop of Can-
Excepcio villenagii, 27, 28 terbury, 40
Eynsham Abbey (Oxon.), 41
Jacquerie, 29
Fastolf, Sir John, 52 jurisdiction, private, 11, 16
Feckenham Forest, 23, 50
fenland, 20, 21 Kent, 22
Forncett (Norf.), 54, 42, 45, 45,46 Kett, Robert, 55
France, 27,29 Killerby (Durham), 42
kings of, 51 King, 28
freemen, free tenants, 11, 15, 16, King's bench, Court of, 27
18ff. Kyngesson, John, 54
free tenure, 17 ff.
Friskney (Lines.), 54 labour services, 11, 14, 15, 17, 18,
formariage, 18 24,29,30,36 ,40,41
labourers, 29, 33, 36, 37 and n.,
gavelkind, 22 38,40
Glastonbury Abbey (Som.), 25, Statutes of, 33, 36, 58, 39, 40
55n. justices of, 57, 38
Gloucester, 55 n. laboureur, 12, 13
Gloucester, Abbot of, 25 de Lacy, 21
Abbey, 46 Lancashire, 21
Gloucestersh ire, 25 Lancaster, Duchy of, 43, 49
land market, 35, 49
Hamble-le-R ice (Rants), 54 Latimer, Hugh, Bishop of Wor-
Hampshire, 20, 23 cester, 48
70
leases, 44 ff. Northumbria, 20
demesne, 52--5, 44-5 Norwich, 27-8,54
life, 47, 50 Nottinghamshire, 21
terminal, 45, 46, 50
See also tenure Odcombe (Som.), 42
Lee, Sir H., 56 Oddington (Gloucs.), 52
~ t t (Rants), 54 Otford (Kent), 40
Leicester Abbey, 45 Over (Gloucs.), 35n.
canon of, 26 oyer and terminer, 28
Leicestershire, 18, 19,45 Oxfordshire, 18, 19, 23
Levett, A. E., 33
Packington (Warws.), 45
leyrwite, 49
Page, T. W., 29
Lincolnshire, 18
Paris, Simon of, 53
London, 21, 22, 55
Parliament,27,28,29,53
'Lylton', 55 n.
Peace, Justices of the, 57
Peak Forest, 43
mainmorte, 18
Peasants' Revolt of 1581, 25 26
Malmesbury Abbey (Wilts.), 23, 56,42 ' '
51,52
Pecche, Bartholomew 26
Abbot of, 54
Pelham family, 55 '
malos usos, 57
estates, 46, 47
manouvrier, 12
Pershore (Worcs.), 50
manumission, 51-2
Abbot of, 58
March, Earl of, 42
Peterborough Abbey (Northants.)
Meaux, Robert, Abbot of (Yorks.), 21 '
37-8
Pipewell, Abbot of (Northants.)
merchet, 15, 17, 19, 26, 52, 42, 58 '
50,53
pouvoir banal, 11
Methley (Yorks.), 40,42 49
..
mmmg,23 ' domanial, 11
Putnam, Bertha, 56
ministeriales, 9
money rent, 32, 41, 45 Ramsey Abbey (Hunts.), 55, 54,
mort dancester, 26 57n., 41, 47,52
mortuary, 24 Rectitudines Singularum Person-
Mowsley (Leics.), 19 arum, 15
multure,24 remainder, 35
remensas, 27,57
nativi, nativi de sanguine' 15 , 1"1f'
A
reversion, 35, 50
45.47,49-50 Rogers, J. E. Thorold, 56
Necton (Norf.), 53 Rossendale, Forest of, 21
neifty, 14, 17,49
Norfolk, Earl of, 54 St Albans Abbey (Herts.) 20 5i
Northamptonshire, 21,55 41 ' ' '
Northfleet (Kent), 40 Mole, John, cellarer of, 41
71
Savine, A., 56 Umfraville, Gilbert, 54
servi casati, 10, 14 Unwin, George, 46
Sherard, Thomas, 55 Upleadon (Gloucs.), 35n.
Shropshire, 25 use, surrender to, 49, 50
slave, 9, 10, 12, 15, 14, 15, 56
smallholder, 24, 26 vilein, 13, 18
Smith, Sir Thomas, 56 villani, 13, 14
Smyth, John of Nibley, 51, 58 Vinogradoff, P., 29
sokemen, 19, 54 Vives, J. Vicens, 57
Somerset, 25, 41
Spalding Priory (Lines.), 20, 50
Spynk, Richard, 27-8, 55 wages,32,36,57,39,40
Stanes alias Smyth, Thomas, 55 Wainfleet (Lines.), 54
Stapleford (Leics.), 55 Walker,Henry,38
Star Chambers, Court of, 54 Warwickshire, 18, 23, 58,45
Stonor family, 47 Wawne (Yorks.), 38
Stratfield Saye (Rants), 51 Wayte, John, 54
Suffolk, 21, 41 Weald, 22
Surrey, 22, 41 Weistiimer, 18
Sussex, 20, 22, 35, 46, 48, 54 Welsh free tenants, 23
Wilson, Thomas, 56
tabernatio, 46 Wiltshire, 23, 35
tallage, 15, 19,24,26,53 Winchcombe, Abbot of (Gloucs.),
Talton (Worcs.), 38 25
Tardebigge, Liberty of (Worcs.), Winchester, Bishop of, 20, 25, 35,
35,50 59
TavistockAbbey (Devon), 46 Abbot of St Swithun's, 25
Tawney, R. H., 59 Wingham (Kent), 40
tenure at will, 21,45 Worcester, Bishop of, 23, 42, 50
life, 47 Cathedral Priory, 34, 45, 51
Thaxted (Essex), 34 Prior of, 23
theow, 14 Worcestershire, 23
Thorne, William atte, 26
toll, 15 York, Archbishop of, 52
Tony, Sir Robert, 53 Yorkshire, 21
towns, 23, 29, 53 East Riding, 37

72