View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
The storm that almost swept away all bulwarks of civilized and regular
society seems to have been long in collecting itself. Perhaps a more
sagacious legislature might have contrived to disperse it: but the
commons only presented complaints of the refractoriness with which
villeins and tenants in villenage rendered their due services;[415] and
the exigencies of government led to the fatal poll-tax of a groat, which
was the proximate cause of the insurrection. By the demands of these
rioters we perceive that territorial servitude was far from extinct; but
it should not be hastily concluded that they were all personal villeins,
for a large proportion were Kentish-men, to whom that condition could
not have applied; it being a good bar to a writ de nativitate probandâ
that the party's father was born in the county of Kent.[416]
After this tremendous rebellion it might be expected that the
legislature would use little indulgence towards the lower commons. Such
unhappy tumults are doubly mischievous, not more from the immediate
calamities that attend them than from the fear and hatred of the people
which they generate in the elevated classes. The general charter of
manumission extorted from the king by the rioters of Blackheath was
annulled by proclamation to the sheriffs,[417] and this revocation
approved by the lords and commons in parliament; who added, as was very
true, that such enfranchisement could not be made without their consent;
"which they would never give to save themselves from perishing all
together in one day."[418] Riots were turned into treason by a law of
the same parliament.[419] By a very harsh statute in the 12th of Richard
II. no servant or labourer could depart, even at the expiration of his
service, from the hundred in which he lived without permission under the
king's seal; nor might any who had been bred to husbandry till twelve
years old exercise any other calling.[420] A few years afterwards the
commons petitioned that villeins might not put their children to school
in order to advance them by the church; "and this for the honour of all
the freemen of the kingdom." In the same parliament they complained that
villeins fly to cities and boroughs, whence their masters cannot recover
them; and, if they attempt it, are hindered by the people; and prayed
that the lords might seize their villeins in such places without regard
to the franchises thereof. But on both these petitions the king put in a
negative.[421]
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