Note 106 — Chapter II · THE ENGLISH OPEN FIELD SYSTEM TRACED BACK TO THE DOMESDAY SURVEY—IT IS THE SHELL OF SERFDOM—THE MANOR WITH A VILLAGE COMMUNITY IN VILLENAGE UPON IT. (continued 2)
Reading edition
The question of the personal status of the villein tenant is a different one from that of villein tenure. Sir H. S. Maine (Early Law and Custom, p. 333) and Mr. F. Pollock (in his Notes on Early English Land Law, 'Law Mag. and Review' for May 1882) have pointed out that, according to Bracton, free men might be subject to villein tenure and its incidents (except the merchetum on marriage of a daughter) and yet personally be free, as contrasted with the nativi' or villeins by blood. Compare Bracton f. 4 b with f. 26 a and 208 b. The question of the origin of the confusion of status in serfdom will be referred to hereafter.