Villainage in England: Essays in English Mediaeval HistoryVinogradoff, Paul
History
Villainage in England: Essays in English Mediaeval History
Vinogradoff, Paul
Villeinage -- England -- History -- To 1500
It may be called subjection to territorial power. The possession of a
manor carries the possession of cultivators with it. It is always
important to decide whether a bondman is in the seisin of his lord or
not, and the chief means to show it is to trace his connexion with the
territorial lordship. The interposition of the manor in the relation
between master and man is, of course, a striking feature and it gives a
very characteristic turn to medieval servitude. But if it is not
consistent with the general theory laid down in the thirteenth century
law books, it does not lead to anything like the Roman _colonatus_. The
serf is not placed on a particular plot of land to do definite services
under the protection of the State. He may be shifted from one plot
within the jurisdiction of his lord to another, from one area of
jurisdiction to another, from rural labour to industrial work or house
work, from one set of customs and services to another. He is not
protected by his predial connexion against his lord, and in fact such
predial connexion is utilised to hold and bind him to his lord. We may
say, that the unfree peasant of English feudalism was legally a personal
dependant, but that his personal dependence was enforced through
territorial lordship.
CHAPTER II.
RIGHTS AND DISABILITIES OF THE VILLAIN.
Legal theory as we have seen endeavoured to bring the general conception
of villainage under the principles of the Roman law of slavery, and
important features in the practice of the common law went far to support
it in so doing. On the other hand, even the general legal theory
discloses the presence of an element quite foreign to the Roman
conception. If we proceed from principles to their application in
detail, we at once find, that in most cases the broad rules laid down on
the subject do not fit all the particular aspects of villainage. These
require quite different assumptions for their explanation, and the whole
doctrine turns out to be very complex, and to have been put together out
of elements which do not work well together.
[Villainage by birth.]
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