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 term of most common occurrence is, of course, _villanus_. Although
its etymology points primarily to the place of dwelling, and indirectly
to specific occupations, it is chiefly used during the feudal period to
denote servitude. It takes in both the man who is personally unfree and
stands in complete subjection to the lord, and the free person settled
on servile land. Both classes mentioned and distinguished by Bracton are
covered by it. The common opposition is between _villanus_ and _libere
tenens_, not between _villanus_ and _liber homo_. It is not difficult to
explain such a phraseology in books compiled either in the immediate
interest of the lords or under their indirect influence, but it must
have necessarily led to encroachments and disputes: it has even become a
snare for later investigators, who have sometimes been led to consider
as one compact mass a population consisting of two different classes,
each with a separate history of its own. The Latin 'rusticus' is applied
in the same general way. It is less technical however, and occurs
chiefly in annals and other literary productions, for which it was
better suited by its classical derivation. But when it is used in
opposition to other terms, it stands exactly as _villanus_, that is to
say, it is contrasted with _libere tenens_[251].
[Villains personally unfree.]
The fundamental distinction of personal status has left some traces in
terminology. The Hundred Rolls, especially the Warwickshire one[252],
mention _servi_ very often. Sometimes the word is used exactly as
_villanus_ would be[253]. _Tenere in servitute_ and _tenere in
villenagio_ are equivalent[254]. But other instances show that _servus_
has also a special meaning. Cases where it occurs in an 'extent'
immediately after _villanus_, and possibly in opposition to it, are not
decisive[255]. They may be explained by the fact that the persons
engaged in drawing up a custumal, jotted down denominations of the
peasantry without comparing them carefully with what preceded. A
marginal note _servi_ would not be necessarily opposed to a _villani_
following it; it may only be a different name for the same thing. And it
may be noted that in the Hundred Rolls these names very often stand in
the margin, and not in the text. But such an explanation would be out of
place when both expressions are used in the same sentence. The
description of Ipsden in Oxfordshire has the following passage: _item
dictus R. de N. habet de proparte sua septem servos villanos_. (Rot.
Hundr. ii. 781, b: cf. 775, b, _Servi Custumarii_.) It is clear that it
was intended, not only to describe the general condition of the
peasantry, but to define more particularly their status. This
observation and the general meaning of the word will lead us to believe
that in many cases when it is used by itself, it implies personal
subjection.
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