A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VIIGardiner, Samuel Rawson
History
A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VII
Gardiner, Samuel Rawson
Great Britain -- History; Great Britain -- History -- Outlines, syllabi, etc.
7. =Livery and Maintenance. 1390.=--During the fourteenth century the
importance of the House of Commons had been steadily growing, and the
king on the one hand and the great nobles on the other had been sorely
tempted to influence the elections unduly. The means of doing so had
come with a change in civil relationships, the natural result of that
change in military relationships which had given a new character to
the wars of Edward III. (see p. 236). Just as the king now fought with
paid soldiers of every rank instead of fighting with vassals bound by
feudal tenure, so the great nobles surrounded themselves with
retainers instead of vassals. The vassal had been on terms of social
equality with his lord, and was bound to follow him on fixed terms.
The retainer was an inferior, who was taken into service and professed
himself ready to fight for his lord at all times and in all causes. In
return his lord kept open house for his retainers, supplied them with
coats, known as liveries, marked with his badge, and undertook to
maintain them against all men, either by open force or by supporting
them in their quarrels in the law courts; and this maintenance, as it
was called, was seldom limited to the mere payment of expenses. The
lord, by the help of his retainers, could bully witnesses and jurors,
and wrest justice to the profit of the wrongdoer. As yet, indeed, the
practice had not attained the proportions which it afterwards assumed,
but it was sufficiently developed to draw down upon it in =1390= a
statute prohibiting maintenance and the granting of liveries. Such a
statute was not merely issued in defence of private persons against
intimidation; it also helped to protect the Crown against the violence
of the great lords. The growth of the power of the House of Commons
was a good thing as long as the House of Commons represented the
wishes of the community. It would be a bad thing if it merely
represented knots of armed retainers who either voted in their own
names according to the orders of their lords, or who frightened away
those who came to vote for candidates whom their lords opposed.
8. =Richard's Domestic Policy. 1390--1391.=--It was therefore well for
the community that there should be a strong and wise king capable of
making head against the ambition of the lords. For some years Richard
showed himself wise. Not only did he seek, by opening the council to
his opponents, to win over the lords to take part in the peaceable
government of the country instead of disturbing it, but he forwarded
legislation which carried out the general wishes of the country. The
Statute of Provisors (see p. 258) was re-enacted and strengthened in
=1390=, the Statute of Mortmain (see p. 212) in =1391=, and the
Statute of Praemunire (see p. 258) in =1393=.
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