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
important positions: first the theory of personal subjection is modified
in its legal application by influence in favour of liberty; and next
this influence is not to be traced exclusively to moral and intellectual
progress, but must be accounted for to a great extent by peculiarities
in the political structure of feudalism.
[Enfranchisement.]
One point remains to be investigated in the institution of villainage,
namely modes in which a villain might become free. I have had occasion
to notice the implied manumission which followed from a donation of land
to a bondman and his heirs, which in process of time was extended to all
contracts and concords between a lord and his serf. A villain was freed
also, as is well known, by remaining for a year and a day on the
privileged soil of a crown manor or a chartered town[132]. As to direct
manumission, its usual mode was the grant of a charter by which the lord
renounced all rights as to the person of his villain. Traces of other
and more archaic customs may have survived in certain localities, but,
if so, they were quite exceptional. Manumission is one of the few
subjects touched by Glanville in the doctrine of villainage, and he is
very particular as to its conditions and effects. He says that a serf
cannot buy his freedom, because he has no money or goods of his own. His
liberty may be bought by a third person however, and his lord may
liberate him as to himself, but not as regards third persons. There
seems to be a want of clearness in, if not some contradiction between
these two last statements, because one does not see how manumission by
a stranger could possibly be wider than that effected by the lord.
Again, the whole position of a freed man who remains a serf as regards
everybody but his lord is very difficult to realize, even if one does
not take the later view into account, which is exactly the reverse,
namely that a villain is free against everybody but his lord. I may be
allowed to start a conjecture which will find some support in a later
chapter, when we come to speak about the treatment of freedom and
serfdom in manorial documents. It seems to me that Glanville has in mind
liberation _de facto_ from certain duties and customs, such as
agricultural work for instance, or the payment of merchet. Such
liberation would not amount to raising the status of a villain, although
it would put him on a very different footing as to his lord[133].
However this may be, if from Glanville's times we come down to Bracton
and to his authorities, we shall find all requirements changed, but
distinct traces of the former view still lingering in occasional
decisions and practices. There are frequent cases of villains buying
their freedom with their own money[134], but the practice of selling
them for manumission to a stranger is mentioned both in Bracton's
Treatise[135] and in his Notebook. A decision of 1226 distinctly
repeats Glanville's teaching that a man may liberate his serf as to
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