View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
In a former passage I have remarked of the Anglo-Saxon ceorls that
neither their situation nor that of their descendants for the earlier
reigns after the Conquest appears to have been mere servitude. But from
the time of Henry II., as we learn from Glanvil, the villein, so called,
was absolutely dependent upon his lord's will, compelled to unlimited
services, and destitute of property, not only in the land he held for
his maintenance, but in his own acquisitions.[397] If a villein
purchased or inherited land, the lord might seize it; if he accumulated
stock, its possession was equally precarious. Against his lord he had no
right of action; because his indemnity in damages, if he could have
recovered any, might have been immediately taken away. If he fled from
his lord's service, or from the land which he held, a writ issued de
nativitate probandâ, and the master recovered his fugitive by law. His
children were born to the same state of servitude; and, contrary to the
rule of the civil law, where one parent was free and the other in
villenage, the offspring followed their father's condition.[398]
This was certainly a severe lot; yet there are circumstances which
materially distinguish it from slavery. The condition of villenage, at
least in later times, was perfectly relative; it formed no distinct
order in the political economy. No man was a villein in the eye of law,
unless his master claimed him: to all others he was a freeman, and might
acquire, dispose of, or sue for property without impediment. Hence Sir
E. Coke argues that villeins are included in the 29th article of Magna
Charta: "No freeman shall be disseised nor imprisoned."[399] For murder,
rape, or mutilation of his villein, the lord was indictable at the
king's suit; though not for assault or imprisonment, which were within
the sphere of his seignorial authority.[400]
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