readiness of the poor in the present to yield to one in higher station.
What struck the philosophic Emerson most, on his visit to England, was
that Englishmen should maintain their old customs, repeat the ceremonies
of the eleventh century, and consider in so many things that "antiquity of
usage is sanction enough." "The Middle Ages," he said, "still lurk in the
streets of London."
The stocks and the whipping-post, which stood in front of every castle,
were the commonest instruments in use for the punishment of the ceorl and
villein who displeased their masters. For the ceorl, who could not quit
the land on which he was born, or free himself from slavery, life was
particularly hard. He could not absolve himself by money payments, like
the rest of his fellow-men, if once he gave offence; while the majority
could rob and murder and escape with a fine, the ceorl's slightest defect,
real or imagined, was punished with merciless rigour. Tithings and the
process of compurgation came to the assistance of other criminals, but the
ceorl could appeal to none, and expect neither pity nor aid. Such facts
give point to Emerson's dictum that "Castles are proud things, but 'tis
safest to be outside them." The villein was in a much happier state than
the ceorl. He was free against everybody except his lord, and the criminal
code accorded him the same privileges as a free man. The lord was even
liable to punishment for killing or mutilating his villein, and the
_Mirror of Justice_ in the thirteenth century laid down the fact that "the
villein is no serf in any sense of the word; he is a free man; his land is
a free tenure." But all this is largely comparative, and our estimate of
the advantages enjoyed by the villein must depend upon whether we view it
by the standards of the time, or by modern standards. At all events, while
the ceorl tasted all the bitterness of his serfdom, the adjudged felon in
other stations was able to obtain much leniency. The common form of oath
or abjuration in King Edward's time was this: "This heare, thou Sir
Coroner, that I am a robber and a murderer, and a fellow of our Lord the
King of England; and because I have done many such evils in his lande I do
abjure the lande of our Lord Edward, and I shall haste me towards the port
of ----, which thou hast given me, and that I shall not goe out of the
highway, and if I doe, I will that I be taken as a robber and a felon. And
that at such a place I will diligentlie seeke for passage, and I will
tarrie there but one ebbe and flood, if I can have passage; and unlesse I
can have it in such a place I will goe every day into the sea up to my
knees, assaying to pass over; and unlesse I can do this within fortie days
I will put myselfe again into the Church as a robber and a felon, so God
me helpe and his holy judgment." But King Richard showed no disposition to
put so much trust in the honour of these gentry, and when setting out for
Public-domain text, read in full here on John Shaqi.
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