Note 52 — Chapter I · DEFINITION AND DISTINCTION FROM KINDRED PHENOMENA.

In medieval France a similar state of things prevailed. There were no longer slaves, but serfs. “Serfdom is a transitory stage between slavery and entire liberty. The serf of the middle ages is not, like the ancient slave, indissolubly riveted to his condition, deprived of rights by his very birth, placed on a level with the beasts of burden of his lord’s estate. Public opinion is favourable to him.” “The facts agree with the doctrine. The serf has some means of acquiring property; he may marry and have legitimate descendants, who will succeed to his goods; he may give evidence in the courts; he may purchase his liberty by means of his peculium. By getting some profits he is interested in the cultivation of the soil. Giving his labour to the land, he may expect to enjoy the fruits of it, by paying fixed tributes. By marrying his children to free women he secures the liberty of his offspring. By paying an indemnity he acquires the succession to his father’s inheritance, and the right of property over his savings.… He may dispute the tributes (tallies et cens) which the lord levies on the tenement he cultivates, invoke an enquiry of experts who attest his means, contract to pay a fixed annuity and so know beforehand what profit he may depend upon”52.