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
The feudal system once established produced certain effects quite apart
from the Conquest, effects which flowed from its own inherent
properties. The Conquest had cast free and unfree peasantry together
into the one mould of villainage; feudalism prevented villainage from
lapsing into slavery. I have shown in detail how the manor gives a
peculiar turn to personal subjection. Its action is perceivable in the
treatment of the origin of the servile status. The villain, however near
being a chattel, cannot be devised by will because he is considered as
an annex to the free tenement of the lord. The connexion with a manor
becomes the chief means of establishing and proving seisin of the
villain. On the other hand, in the trial of _status_, manorial
organisation led to the sharp distinction between persons in the power
of the lord and out of it. This fact touches the very essence of the
case. The more powerful the manor became, the less possible was it to
work out subjection on the lines of personal slavery. Without entering
into the economic part of the question for the present, merely from the
legal point of view it was a necessary consequence of the rise of a
local and territorial power that the working people under its sway were
subjected by means of its territorial organisation and within its
limited sphere of local action. Of course, the State upheld some of the
lord's rights even outside the limits of the manor, but these were only
a pale reflection of what took place within the manor, and they were
more difficult to enforce in proportion as the barriers between the
manors rose higher; it became very difficult for one lord to reclaim
runaways who were lying within the manor of another lord.
[Survivals of pre-feudal condition.]
Public-domain text, read in full here on John Shaqi.
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