Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
Most villeins were now being called "customary tenants" or "copy-
holders" of land because they held their acres by a copy of the
court-roll of the manor, which listed the number of teams, the
fines, the reliefs, and the services due to the lord for each
landholder. The Chancery court interpreted many of these documents
to include rights of inheritance. The common law courts followed
the lead of the Chancery and held that copyhold land could be
inherited as was land at common law. Evictions by lords decreased.
The difference between villein and freeman lessened but landlords
usually still had profits of villein bondage, such as heriot,
merchet, and chevage.
A class of laborers was arising who depended entirely on the wages
of industry for their subsistence. The cloth workers in rural
areas were isolated and weak and often at the mercy of middlemen
for employment and the amount of their wages. When rural laborers
went to towns to seek employment in the new industries, they would
work at first for any rate. This deepened the cleavage of the
classes in the towns. The artificers in the town and the cottagers
and laborers in the country lived from hand to mouth, on the edge
of survival, but better off than the old, the diseased, the
widows, and the orphans. However, the 1400s were the most
prosperous time for laborers considering their wages and the
prices of food. Meat and poultry were plentiful and grain prices
low.
Social mobility was most possible in the towns, where distinctions
were usually only of wealth. So a poor apprentice could aspire to
become a master, a member of the livery of his company, a member
of the council, an alderman, a mayor, and then an esquire for
life. The distance between baron and a country knight and between
a yeoman and knight was wider. Manor custom was strong. But a
yeoman could give his sons a chance to become gentlemen by
entering them in a trade in a town, sending them to university, or
to war. Every freeman was to some extent a soldier, and to some
extent a lawyer, serving in the county or borough courts. A
burgess, with his workshop or warehouse, was trained in warlike
exercises, and he could keep his own accounts, and make his own
will and other legal documents, with the aid of a scrivener or a
chaplain, who could supply an outline of form. But law was growing
as a profession. Old-established London families began to choose
the law as a profession for their sons, in preference to an
apprenticeship in trade. Many borough burgesses in Parliament were
attorneys.
Public-domain text, read in full here on John Shaqi.
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