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The medieval peasantry was not a uniform class, and the distinction between serfs (unfree peasants) and freemen was one of the most important social divisions of the medieval world. Serfs were bound to the manor in a personal sense, while freemen were free to leave, to marry, and to pursue their own interests. Yet the distinction between serf and freeman was often blurred in practice, and many serfs accumulated customary rights that made them effectively indistinguishable from free tenants. The legal status of the peasantry varied considerably from region to region, and the distinction between serf and freeman evolved significantly over the course of the High Middle Ages.
Pollock and Maitland, “The History of English Law Before the Time of Edward I” (1895; 2nd ed. 1968), is the indispensable older treatment. Marc Bloch, “Feudal Society” (1939–40), gives the comparative continental frame. The page below uses both, and the surviving court rolls and custumals as primary material.
The Legal Status of the Serf
The serf (in Latin, servus; in French, serf; in English, sometimes villein in the technical sense) was a peasant who was bound to the manor in a personal sense. The serf was not a slave — he could not be bought and sold, and he could not be dispossessed of his holding except by the judgment of the manor court — but he was subject to a number of personal obligations to the lord. The serf could not leave the manor without the lord’s permission, could not marry outside the manor without paying a fine, and could not have his children follow careers of their own without paying a fine. The serf was also subject to a number of economic obligations — labor services, customary dues, and the tallage (an arbitrary tax) — that were more onerous than those of the free peasant.
The legal status of the serf was defined by custom and court practice, and it varied from region to region. In France, the serf was subject to the mainmorte — a severe form of serfdom in which the serf’s property escheated to the lord on the death of the serf if the serf had no heirs. In England, the serf was subject to villeinage — a form of serfdom in which the serf was bound to the lord and the manor, and in which the serf’s children inherited the serf’s status. In Germany, the serf was subject to Leibeigenschaft — a form of serfdom in which the serf was bound to the lord and in which the serf’s freedom of movement was severely restricted.
The serf’s personal obligations to the lord were enforced by the manor court, which was presided over by the lord or his steward. The manor court could impose fines and other penalties on serfs who failed to meet their obligations, and it could also enforce the lord’s right to prevent the serf from leaving the manor, marrying outside the manor, or having his children follow careers of their own. The serf could also be required to perform labor services on the lord’s demesne, typically two, three, or four days a week, with additional services at the busiest seasons.
The Legal Status of the Freeman
The freeman (in Latin, liber homo; in French, homme libre; in English, freeman or franklin) was a peasant who was free of the personal obligations of the serf. The freeman could leave the manor, could marry outside the manor, and could have his children follow careers of their own, all without paying fines to the lord. The freeman was also subject to fewer economic obligations than the serf: he typically paid a cash rent for his holding, rather than labor services, and he was not subject to the tallage (an arbitrary tax) that the serf had to pay.
The freeman’s legal status was also defined by custom and court practice, and it varied from region to region. In France, the freeman was subject to the coutume (custom) of the region, which defined his rights and obligations in detail. In England, the freeman was subject to the common law of the realm, which provided a relatively uniform framework for the rights and obligations of the free peasantry. In Germany, the freeman was subject to the Landrecht (territorial law) of the region, which defined his rights and obligations in detail.
The freeman’s economic obligations to the lord were typically limited to the cash rent for his holding, the tithe to the Church, and the customary dues of the manor. The freeman was not required to perform labor services on the lord’s demesne, and he was not subject to the tallage that the serf had to pay. The freeman also had the right to inherit his holding, to transfer it to his heirs, and to sell it (with the lord’s permission) to another freeman.
The Distinction in Practice
The distinction between serf and freeman was often blurred in practice, and many serfs accumulated customary rights that made them effectively indistinguishable from free tenants. The serf’s right to inherit his holding, the serf’s right to transfer his holding to his heirs, and the serf’s right to sell his holding (with the lord’s permission) were all customary rights that had developed over centuries of practice. These customary rights were not always recognized in law, but they were generally enforced by the manor court, and they gave the serf a measure of practical security that was not very different from the security of the freeman.
The distinction between serf and freeman was also blurred by the geographical mobility of the medieval peasantry. Peasants were not tied to the manor in the way that serfs were theoretically tied, and they often moved from one manor to another in search of better conditions. The growth of towns in the High Middle Ages provided new opportunities for migration, and many serfs escaped to the towns, where they could gain their freedom after a year and a day of residence. The manumission of serfs — the formal granting of freedom by the lord — was also a common practice, and many lords manumitted their serfs in return for a payment or for other considerations.
Regional Variations
The distinction between serf and freeman varied considerably from region to region. In Italy, the distinction was less important than in northern Europe, and the Italian peasants were generally freer than the French, English, or German peasants. In southern France and in Catalonia, the peasants were also relatively free, and the feudal system was less developed than in northern France. In England, the distinction was relatively well defined, and the English peasants were generally either serfs (villeins) or freemen (sokemen), with the serfs being the majority of the population. In Germany, the distinction was more complex, and the German peasants were subject to a wide variety of local customs and practices.
The distinction between serf and freeman also varied over time. In the early Middle Ages, the distinction was relatively well defined, and the serfs were a clear majority of the peasant population. By the High Middle Ages, the distinction was becoming blurred, and many serfs were gaining customary rights that made them effectively free. By the Late Middle Ages, the Black Death and the labor shortage had transformed the conditions of the peasantry, and many former serfs were able to gain their freedom through negotiation with their lords.
The Decline of Serfdom
The decline of serfdom in the late medieval and early modern periods was a gradual process that unfolded over several centuries. The Black Death of 1347, which killed perhaps a third of Europe’s population, created a labor shortage that strengthened the bargaining position of the surviving peasants, and many serfs were able to negotiate their freedom in return for cash payments or for other considerations. The revolts of the late medieval period — the Jacquerie in France (1358), the Ciompi Revolt in Florence (1378), the English Peasants’ Revolt (1381), the German Peasants’ War (1524–1525) — also contributed to the decline of serfdom, by demonstrating the determination of the peasantry to improve their condition.
The decline of serfdom was completed in most parts of Europe by the early modern period. In France, the serfs were gradually freed in the late medieval and early modern periods, and the last serfs were freed during the French Revolution of 1789. In England, the serfs were gradually freed in the late medieval period, and the last serfs disappeared by the sixteenth century. In Germany, the serfs were gradually freed in the early modern period, and the last serfs were freed during the reforms of the nineteenth century. In Russia, the serfs were not freed until 1861, and in some other parts of Eastern Europe, serfdom persisted into the nineteenth century.
Sources
Principal sources used in this article:
- Marc Bloch, Feudal Society (1961), pt. 3.
Further reading:
- Georges Duby, Rural Economy and Country Life in the Medieval West (Arnold, 1968).
For a recent single-volume synthesis with full scholarly apparatus, see the relevant chapter of Barbara H. Rosenwein, A Short History of the Middle Ages (University of Toronto Press, 2014).