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Updated: June 12, 2025
Indeed, of all the things which he had seen yet in the world to surprise him there was none more strange than the hate which class appeared to bear to class. The talk of laborer, woodman and villein in the inn had all pointed to the wide-spread mutiny, and now his brother's name was spoken as though he were the very centre of the universal discontent.
I know a thrall, and he is his master's every hour, and never his own; and a villein I know, and whiles he is his own and whiles his lord's; and I know a free man, and he is his own always; but how shall he be his own if he have nought whereby to make his livelihood? Or shall he be a thief and take from others? Then is he an outlaw.
The villein was able to pay his lord instead of working for him, and by the sale of the produce from his own yard-land was put in a position to hire helpers for himself, and to develop his own agricultural resources. Nor was it the tenant alone who stood to gain by this arrangement. The lord, too, was glad of being possessed of money.
A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment;" and a merchant in the same way, saving his "merchandise;" and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be impsed except by the oath of honest men of the neighborhood.
The statute of Westminster, passed sixty years after Magna Carta, provides that,"No city, borough, nor town, nor any man, be amerced, without reasonable cause, and according to the quantity of the trespass; that is to say, every freeman saving his freehold, a merchant saving his merchandise, a villein his waynage, and that by his or their peers." 3 Edward I., ch. 6.
The process by which the villein became a hired labourer is obscure and an attempt was made to check it by the Statute of Labourers at the time of the Black Death. This was followed by the peasant's revolt of 1382, which corresponded to the far worse horrors of the French Jacquerie. Sharply though this was suppressed, the real object of the rising seemed to have been accomplished.
We also know that, by Magna Carta, amercements, or fines, could not be imposed to the ruin of the criminal; that, in the case of a freeman, his contenement, or means of subsisting in the condition of a freeman, must be saved to him; that, in the case of a merchant, his merchandise must be spared; and in the case of a villein, his waynage, or plough-tackle and carts.
Of course these burdens pressed very heavily at times, and the services of the villeins were vexatious and irritating under a hard and unscrupulous lord. But there were other serious inconveniences about the condition of the villein or native. Once a villein, always a villein. A man or woman born in villeinage could never shake it off.
Are they thus mutinous and surly in England, Lord Harold?" "No: but there our meanest theowes are not seen so clad, nor housed in such hovels," said the Earl. "And is it really true that a villein with you can rise to be a noble?" "Of at least yearly occurrence. Perhaps the forefathers of one-fourth of our Anglo-Saxon thegns held the plough, or followed some craft mechanical."
It was sometimes said that the noble paid with his blood, the villein with his money. But the order of the Nobility had come to include many persons who never thought of shedding their blood for their country; to include, in fact, the rich and prosperous generally.
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