Historical Studies (Chinese Edition)

No.3, 2015

 

Legally Restricted Obligations and Changes in the Status of Serfs in England

(Abstract)

 

Hou Jianxin

 

In medieval England, the majority of serfs were villeins, whence the term villeinage. But by the later medieval period, they were able to escape from their bondage relatively early. This and their social position, as well their connection with serfdom, are unresolved conundrums. Therefore, it is necessary to explore, from the viewpoint of law and the rule of law, the real status and position of English villeins in social and economic life and to examine, in the context of the feudal system, the differences between free and unfree. The essence of serfdom lies in its dictatorial and arbitrary nature. However, the resistance of the villeins and the feudal and manorial law that evolved from customary law were countervailing factors affecting the system. In the game between the two, once the law confirmed the villeins’ burden, granting them legal personhood within the manor, the arbitrary powers of the lord of the manor were curbed and the dependent status of the villeins moved toward a turning point.