Part 7

"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 God 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 NOBLES 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 harassed 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 passed 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that are due of such fee, and which, in the beginning, were provided for the defence of the realm, are wrongfully withdrawn, and the chief lord do lose the escheats of the same (the primer seizin on each life that dropped); it therefore enacts: That any such lands were forfeited to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 entitled 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 (noble) 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 nobles 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 titles, 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 passing the laws which prevented nobles from selling, and empowering FREEMEN to do so, Edward III. found it needful to assert 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 classes, 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 passed 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 assented 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 enfranchisement took place; the word signified being made free, and at that time every FREEMAN was entitled 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 enfranchisement 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 masses in the reign of Richard II., and demanded--