Landholding in England Part 4

These views found expression in the coronation oath. Edward II. was forced to swear:

"Will you grant and keep, and by your oath confirm to the people of England the laws and customs to them, granted by the ancient kings of England, your righteous and G.o.dly predecessors; and especially to the clergy and people, by the glorious King St. Edward, your predecessor?"

The king's answer--"I do them grant and promise."

"Do you grant to hold and keep the laws and rightful customs which the commonalty of your realm shall have chosen, and to maintain and enforce them to the honor of G.o.d after your power?"

The king's answer--"I this do grant and promise."

I shall not dwell upon the event most frequently quoted with reference to the era of the Plantagenets--I mean King John's "Magna Charta." It was more social than territorial, and tended to limit the power of the Crown, and to increase that of the barons. The Plantagenets had not begun to call Commons to the House of Lords. The issue of writs was confined to those who were barons-by-tenure, the PATRICIANS of the Norman period. The creation of n.o.bLES was the invention of a later age.

The baron feasted in his hall, while the slave grovelled in his cabin.

Bracton, the famous lawyer of the time of Henry III., says: "All the goods a slave acquired belonged to his master, who could take them from him whenever he pleased," therefore a man could not purchase his own freedom. "In the same year, 1283," says the Annals of Dunstable, "we sold our slave by birth, William Fyke, and all his family, and received one mark from the buyer." The only hope for the slave was, to try and get into one of the walled towns, when he became free. Until the Wars of the Roses, these serfs were greatly hara.s.sed by their owners.

In the reign of Edward I., efforts were made to prevent the alienation of land by those who received it from the Norman sovereigns. The statute of mortmain was pa.s.sed to restrain the giving of lands to the Church, the statute DE DONIS to prevent alienation to laymen. The former declares:

"That whereas religious men had entered into the fees of other men, without license and will of the chief lord, and sometimes appropriating and buying, and sometimes receiving them of gift of others, whereby the services that are due of such fee, and which, in the beginning, were provided for the defence of the realm, are wrongfully withdrawn, and the chief lord do lose the escheats of the same (the primer seizin on each life that dropped); it therefore enacts: That any such lands were forfeited to the lord of the fee; and if he did not take it within twelve months, it should be forfeited to the king, who shall enfeoff other therein by certain services to be done for us for the defence of the realm."

Another act, the 6th Edward I., cap. 3, provides:

"That alienation by the tenant in courtesy was void, and the heir was ent.i.tled to succeed to his mother's property, notwithstanding the act of his father."

The 13th Edward I., cap. 41, enacts:

"That if the abbot, priors, and keepers of hospitals, and other religious houses, aliened their land they should be seized upon by the king."

The 13th Edward I., cap. 1, DE DONIS conditionalitiis, provided:

"That tenements given to a man, and the heirs of his body, should, at all events, go to the issue, if there were any; or, if there were none, should revert to the donor."

But while the fiefs of the Crown were forbidden to alien their lands, the FREEMEN, whose lands were Odhal (n.o.ble) and of Saxon descent, the inheritance of which was guaranteed to them by 55 William I. (ANTE, p.

13), were empowered to sell their estates by the statute called QUIA EMPTORES (6 Edward I.). It enacts:

"That from henceforth it shall be lawful to every FREEMEN to sell, at his own pleasure, his lands and tenements, or part of them: so that the feoffee shall hold the same lands and tenements of the chief lord of the fee by such customs as his feoffee held before."

The scope of these laws was altered in the reign of Edward III. That monarch, in view of his intended invasion of France, secured the adhesion of the landowners, by giving them power to raise money upon and alien their estates. The permission was as follows, 1 Edward III., cap.

12:

"Whereas divers people of the realm complain themselves to be grieved because that lands and tenements which be holden of the king in chief, and aliened without license, have been seized into the king's hand, and holden as forfeit: (2.) The king shall not hold them as forfeit in such case, but will and grant from henceforth of such lands and tenements so aliened, there shall be reasonable fine taken in chancery by due process."

1 Edward III., cap. 13:

"Whereas divers have complained that they be grieved by reason of purchasing of lands and tenements, which have been holden of the king's progenitors that now is, as of honors; and the same lands have been taken into the king's hands, as though they had been holden in chief of the king as of his crown: (2.) The king will that from henceforth no man be grieved by any such purchase."

De Lolme, chap. iii., sec. 3, remarks on these laws that they took from the king all power of preventing alienation or of purchase. They left him the reversionary right on the failure of heirs.

These changes in the relative power of the sovereign and the n.o.bles took place to enable Edward to enter upon the conquest of France; but that monarch, conferred a power upon the barons, which was used to the detriment of his descendants, and led to the dethronement of the Plantagenets.

The line of demarcation between the two sets of t.i.tles, those derived through the ANGLO-SAXON laws and those derived through the grants of the Norman sovereigns, was gradually being effaced. The people looked back to the laws of Edward the Confessor, and forced them upon Edward II.

But after pa.s.sing the laws which prevented n.o.bles from selling, and empowering FREEMEN to do so, Edward III. found it needful to a.s.sert his claims to the entire land of England, and enacted in the twenty-fourth year of his reign:

"That the king is the universal lord and original proprietor of all land in his kingdom; that no man doth or can possess, any part of it but what has mediately or immediately been derived as a gift from him to be held on feodal service."

Those who obtained gifts of land, only held or had the use of them; the ownership rested in the Crown. Feodal service, the maintenance of armed men, and the bringing them into the field, was the rent paid.

The wealth which came into England after the conquest of France influenced all cla.s.ses, but none more than the family of the king. His own example seems to have affected his descendants. The invasion of France and the captivity of its king reappear in the invasion of England by Henry IV., and the capture and dethronement of Richard II. The prosperity of England during the reign of Edward had pa.s.sed away in that of his grandson. Very great distress pervaded the land, and it led to efforts to get rid of villeinage. The 1st Richard II. recites:

"That grievous complaints had been made to the Lords and Commons, that villeins and land tenants daily withdraw into cities and towns, and a special commission was appointed to hear the case, and decide thereon."

The complaint was renewed, and appears in Act 9 Richard II., cap. 2:

"Whereas divers villeins and serfs, as well of the great Lords as of other people, as well spiritual as temporal, do fly within the cities, towns, and places entfranched, as the city of London, and other like, and do feign divers suits against their Lords, to the intent to make them free by the answer of the Lords, it is accorded and a.s.sented that the Lords and others shall not be forebound of their villeins, because of the answer of the Lords."

Serfdom or slavery may have existed previous to the ANGLO-SAXON invasion, but I am disposed to think that the Saxon, the Jutes, and the Angles reduced the inhabitants of the lands which they conquered, into serfdom. The history of that period shows that men, women, and children were constantly sold, and that there were established markets. One at Bristol, which was frequented by Irish buyers, was put down, owing to the remonstrance of the Bishop. After the Norman invasion the name of Villein, a person attached to the villa, was given to the serfs. The village was their residence. Occasional instances of enfranchis.e.m.e.nt took place; the word signified being made free, and at that time every FREEMAN was ent.i.tled to a vote. The word enfranchise has latterly come to bear a different meaning, and to apply solely to the possession of a vote, but it originally meant the elevation of a serf into the condition of a FREEMAN. The act of enfranchis.e.m.e.nt was a public ceremony usually performed at the church door. The last act of ownership performed by the master was the piercing of the right ear with an awl. Many serfs fled into the towns, where they were enfranchised and became FREEMEN.

The disaffection of the common people increased; they were borne down with oppression. They struggled against their masters, and tried to secure their personal liberty, and the freedom of their land. The population rose in ma.s.ses in the reign of Richard II., and demanded--

1st. The total abolition of slavery for themselves and their children forever;

2d. The reduction of the rent of good land to 4d. per acre;

3d. The right of buying and selling, like other men, in markets and fairs;

4th. The pardon of all offences.

The monarch acted upon insidious advice; he spoke them fair at first, to gain time, but did not fulfil his promises. Ultimately the people gained part of their demands. To limit or defeat them, an act was pa.s.sed, fixing the wages of laborers to 4d. per day, with meat and drink, or 6d.

per day, without meat and drink, and others in proportion; but with the proviso, that if any one refused to serve or labor on these terms, every justice was at liberty to send him to jail, there to remain until he gave security to serve and labor as by law required. A subsequent act prevents their being employed by the week, or paid for holidays.

Previous to this period, the major barons and great lords tilled their land by serfs, and had very large flocks and herds of cattle. On the death of the Bishop of Winchester, 1367, his executors delivered to Bishop Wykeham, his successor in the see, the following: 127 draught horses, 1556 head of cattle, 3876 wedders, 4777 ewes, and 3541 lambs.

Tillage was neglected; and in 1314 there was a severe dearth; wheat sold at a price equal to L30 per quarter, the brewing of ale was discontinued by proclamation, in order "to prevent those of middle rank from perishing for want of food."

The dissensions among the descendants of Edward III. as to the right to the Crown aided the n.o.bles in their efforts to make their estates hereditary, and the civil wars which afflicted the nation tended to promote that object. Kings were crowned and discrowned at the will of the n.o.bles, who compelled the FREEMEN to part with their small estates.

The oligarchy dictated to the Crown, and oppressed and kept down the FREEMEN. The n.o.bles allied themselves with the serfs, who were manumitted that they might serve as soldiers in the conflicting armies.

From the Conquest to the time of Richard II., only barons-by-tenure, the descendants of the companions of the Conqueror, were invited by writ to Parliament. That monarch made an innovation, and invited others who were not barons-by-tenure. The first dukedom was created the 11th of Edward III., and the first viscount the 18th Henry VI.

Edward IV. seized upon the lands granted by former kings, and gave them to his own followers, and thus created a feeling of uneasiness in the minds of the n.o.bility, and paved the way for the events which were accomplished by a succeeding dynasty. The decision in the Taltarum case opened the question of succession; and Edward's efforts to put down retainers was the precursor of the Tudor policy.

We have a picture of the state of society in the reign of Edward IV.

in the Paston Memoirs, written by Margaret Paston. Her husband, John Paston, was heir to Sir John Fastolf. He was bound by the will to establish in Caister Castle, Fastolf s own mansion, a college of religious men to pray for his benefactor's soul. But in those days might was right, and the Duke of Norfolk, fancying that he should like the house for himself, quietly took possession of it. At that time, Edward was just seated on the throne, and Edward had just been reported to Paston to have said in reference to another suit, that

"He would be your good lord therein as he would to the poorest man in England. He would hold with you in your right; and as for favor, he will not be understood that he shall show favor more to one man to another, not to one in England."

This was a true expression of the king's intentions. But either he was changeable in his moods, or during these early years he was hardly settled enough on the throne always to be able to carry out his wishes.

This time, however, in some way or another, the great duke was reduced to submission, and Caister was restored to Paston.

In 1465 a new claimant appeared; and claimants, though as troublesome in the fifteenth as the nineteenth century, proceeded in a different fashion. This time it was the Duke of Suffolk, who a.s.serted a right to the manor of Drayton in his own name, and who had bought up the a.s.sumed rights of another person to the manor of h.e.l.lesdon. John Paston was away, and his wife had to bear the brunt. An attempt to levy rent at Drayton was followed by a threat from the duke's men, that if her servants "ventured to take any further distresses at Drayton, even if it were but of the value of a pin, they would take the value of an ox in h.e.l.lesdon."

Paston and the duke alike professed to be under the law. But each was anxious to retain that possession which in those days seems really to have been nine points of the law. The duke got hold of Drayton, while h.e.l.lesdon was held for Paston. One day Paston's men made a raid upon Drayton, and carried off seventy-seven head of cattle. Another day the duke's bailiff came to h.e.l.lesdon with 300 men to see if the place were a.s.sailable. Two servants of Paston, attempting to keep a court at Drayton in their master's name, were carried off by force. At last the duke mustered his retainers and marched against h.e.l.lesdon. The garrison, too weak to resist, at once surrendered.