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
If we remove those strata of the law of villainage which owe their
origin to the action of the feudal system and to the action of the
State, which rises on the ruins of the feudal system, we come upon
remnants of the pre-feudal condition. They are by no means few or
unimportant, and it is rather a wonder that so much should be preserved
notwithstanding the systematic work of conquest, feudalism, and State.
When I speak of pre-feudal condition I do not mean to say, of course,
that feudalism had not been in the course of formation before the Norman
Conquest. I merely wish to oppose a social order grounded on feudalism
to a social order which was only preparing for it and developing on a
different basis. The Conquest brought together the free and unfree. Our
survivals of the state of things before the Conquest group themselves
naturally in one direction, they are manifestations of the free element
which went into the constitution of villainage. It is not strange that
it should be so, because the servile element predominated in those parts
of the law which had got the upper hand and the official recognition. A
trait which goes further than the accepted law in the direction of
slavery is the difficulties which are put by Glanville in the way of
manumission. His statement practically amounts to a denial of the
possibility of manumission, and such a denial we cannot accept. His way
of treating the question may possibly be explained by old notions as to
the inability of a master to put a slave by a mere act of his will on
the same level with free men.
[Elements of freedom.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account