Legal Definitions - villein

A villein was a historical legal status in medieval feudal society, particularly prominent in England. A villein was a person who, while not a slave, was bound to a specific lord or a particular piece of land (a manor). This meant they were subject to the lord's authority and had significant obligations, such as working the lord's land, paying rents, and seeking permission for certain life events. However, they were considered free in their dealings with anyone other than their lord, distinguishing them from chattel slaves. Essentially, a villein was a type of serf.

There were two main types:

• A villein in gross was personally tied to the lord and could be transferred from one lord to another, much like an asset, often through a legal document.
• A villein regardant was bound to the land or manor itself. If the land was sold, the villein's obligations and attachment would transfer to the new owner of the manor.

Examples:

• Imagine a medieval farmer named Thomas. Thomas and his family live and work on a small plot of land within Lord Ashworth's manor. Thomas is a villein regardant. He is obligated to spend several days a week cultivating the lord's fields, in addition to tending his own smallholding. He also owes the lord a portion of his harvest and must pay fees for using the lord's mill to grind his grain. If Lord Ashworth decides to sell his manor to Lady Eleanor, Thomas and his family do not leave the land; their obligations and attachment simply transfer to Lady Eleanor, who becomes their new lord.

  Explanation: This illustrates Thomas's status as a villein regardant because his legal obligations and attachment are tied directly to the land he occupies within the manor. When the manor changes hands, Thomas's status and duties remain with the land, transferring to the new owner, Lady Eleanor, rather than him being free to leave or choose a new lord.

• Consider a skilled weaver named Elara, who lives in a village under the dominion of Baron von Richter. Elara is a villein in gross, meaning she is personally bound to the Baron. She is required to weave cloth for the Baron's household and to perform other personal services as demanded. One day, Baron von Richter, needing to settle a debt with Duke Frederick, formally transfers Elara's service and allegiance to the Duke through a written agreement. Elara must then relocate to the Duke's estate and serve him, even though her original village remains under Baron von Richter's control.

  Explanation: This scenario demonstrates Elara's status as a villein in gross because her bond is primarily with the person of Baron von Richter, not specifically to a piece of land. Her service and allegiance can be transferred by the lord to another individual (Duke Frederick) through a legal transaction, highlighting her personal subjection and transferable nature.

• Let's look at John, a villein living on Sir William's estate. John wishes to marry a woman from a neighboring village, outside Sir William's manor. Before he can proceed, John must seek Sir William's permission and often pay a fee, known as a "merchet," to his lord. Furthermore, John is not permitted to leave Sir William's manor permanently without the lord's consent, nor can he send his children to study at a distant monastery without permission, as this would diminish the lord's future labor pool. However, if John travels to a market in a town not controlled by Sir William, he is treated as a free person by the merchants and other townspeople; his villein status only applies in relation to Sir William.

  Explanation: This example illustrates the dual nature of a villein's status. John's need for permission to marry or leave the manor, and the payment of a fee, clearly show his subjection and attachment to his lord. At the same time, his ability to interact as a free person with others outside his lord's direct authority highlights the distinction that villeins were "free in relation to all others," not chattel slaves.