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
Indirectly we have had to consider the influence of feudalism, as it was
transmitted through the action of its lawyers. But it may be viewed in
its direct consequences, which are as manifest as they are important. In
England, feudalism in its definite shape is bound up with conquest[246],
and it is well known that, though very much hampered on the political
side by the royal power, it was exceptionally complete on the side of
private law by reason of its sudden, artificial, and enforced
introduction. One of the most important results of conquest from this
point of view was certainly the systematic way in which the subjection
of the peasantry was worked out. If we look for comparison to France as
the next neighbour of England and a country which has influenced
England, we shall find the same elements at work, but they combine in a
variety of modes according to provincial and local peculiarities.
Although the political power of the French baron is so much greater than
that of an English lord, the _roturier_ often keeps his distance from
the serf better than was the case in England. In France everything
depends upon the changing equilibrium of local forces and circumstances.
In England the Norman Conquest produced a compact estate of aristocracy
instead of the magnates of the continent, each of whom was strong or
weak according to the circumstances of his own particular case; it
produced Common Law and the King's Courts of Common Law; and it reduced
the peasantry to something like uniform condition by surrounding the
_liberi et legales homines_ with every kind of privilege. The national
colouring given by the _Dialogus de Scaccario_ to the social question of
the time is not without meaning in this light:--the peasants may be
regarded as the remnant of a conquered race, or as the issue of rebels
who have forfeited their rights.
[English feudalism.]
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