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Updated: July 26, 2025
Here and there was a castle or strong-house, and here and there long rows of ugly hovels, or whiles houses, big tall and long, but exceeding foul and ill-favoured, such as Ralph had not yet seen the like of. And when he asked of Clement concerning all this, he said: "It is as I have told thee, that here be no freemen who work afield, nay, nor villeins either.
The express provisions of Magna Carta, before adverted to, that no amercements, or fines, should be imposed upon. freemen, merchants, or villeins, "but by the oath of honest men of the neighborhood," and "according to the degree of the crime," and that "earls and barons shout not be amerced but by their peers, and according to the quality of the offence," proves that, at least, there was no common law fixing the amount of fines, or, if there were, that it was to be no longer in force.
The villeins tied to the soil of the manor on which they had been born, and shut out from all courts save those of their lord; inhabitants of the little hamlets that lay along the river-courses in clearings among dense woods, suspicious of strangers, isolated by an intense jealousy of all that lay beyond their own boundaries or by traditional feuds, had no part in the political life of the nation.
The minds of the great proprietors were not, however, prepared for the adoption of so liberal a measure; and both lords and commons unanimously replied that no man could deprive them of the services of their villeins without their consent; that they had never given that consent, and never would be induced to give it, either through persuasion or violence.
Hence the manners of the people were altogether free from the abject deportment of slaves and villeins in other nations a cringing disposition of the lower class toward their superiors, which continues even to this day among the peasantry of Europe, and which patriarchal nations have never known.
Look to it thou and thy proud barons, look to it!" "Proud may thy barons be," said Fitzosborne, reddening, and with a brow that quailed not before his lord's; "for they are the sons of those who carved out the realm of the Norman, and owned in Rou but the feudal chief of free warriors; vassals are not villeins.
All England was used to sumptuary laws, laws regulating the price of commodities, and villeins still existed.
Around it lay the lord's demesne or home-farm, and the cultivation of this rested wholly with the "villeins" of the manor. It was by them that the great barn was filled with sheaves, the sheep shorn, the grain malted, the wood hewn for the manor-hall fire.
At Titsey it was said that a band of villeins were out in Westerham Wood and had murdered three men the day before; so that Nigel had high hopes of an encounter; but the brigands showed no sign, though the travelers went out of their way to ride their horses along the edges of the forest.
It is perfectly clear that this wonderful organization rendered the whole system of government one great confederacy, in which the small proprietors, tenants, and villeins had not a chance of independence; and that their condition could only be ameliorated by those gradual changes which result from a long intercourse between the strong and the weak, in which power relaxes its severity and becomes protection.
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