The Emancipation of Massachusetts by Adams, Brooks, 1848-1927
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A word from our supporters: File extension SWA | CHAPTER III.Now the courts may say what they will in support of the vested interests, for to support vested interests is what lawyers are paid for and what courts are made for. Only, unhappily, in the process of argument courts and lawyers have caused blood to flow copiously, for in spite of all that can be said to the contrary, men have practically proved that they do own all the property they can defend, all the courts in Christendom notwithstanding, and this is an issue of physical force and not at all of words or of parchments. And so it proved to be in England in the fourteenth and fifteenth centuries, alike in Church and State. It was a matter of rather slow development. After the conquest villeins could neither in fact nor theory acquire or hold property as against their lord, and the class of landlords stretched upwards from the owner of a knight's fee to the king on his throne, who was the chief landlord of all, but by so narrow a margin that he often had enough to do to maintain some vestige of sovereignty. So, to help himself, it came to pass that the king intrigued with the serfs against their restive masters, and the abler the king, the more he intrigued, like Henry I, until the villeins gained very substantial advantages. Thus it was that toward 1215, or pretty nearly contemporaneously with the epoch when men like Grosseteste began to show restlessness under the extortionate corruption of the Church, the villein was discovered to be able to defend his claim to some portion of the increment in the value of the land which he tilled and which was due to his labor: and this title the manorial courts recognized, because they could not help it, as a sort of tenant right, calling it a customary tenancy by base service. A century later these services in kind had been pretty frequently commuted into a fixed rent paid in money, and the serf had become a freeman, and a rather formidable freeman, too. For it was largely from among these technical serfs that Edward III recruited the infantry who formed his line at Crecy in 1346, and the archers of Crecy were not exactly the sort of men who take kindly to eviction, to say nothing of slavery. As no one meddled much with the villeins before 1349, all went well until after Crecy, but in 1348 the Black Death ravaged England, and so many laborers died that the cost of farming property by hired hands exceeded the value of the rent which the villeins paid. Then the landlords, under the usual reactionary and dangerous legal advice, tried coercion. Their first experiment was the famous Statute of Laborers, which fixed wages at the rates which prevailed in 1347, but as this statute accomplished nothing the landlords repudiated their contracts, and undertook to force their villeins to render their ancient customary services. Though the lay landlords were often hard masters, the ecclesiastics, especially the monks, were harder still, and the ecclesiastics were served by lawyers of their own cloth, whose sharp practice became proverbial. Thus the law declined to recognize rights in property existing in fact, with the inevitable result of the peasant rising in 1381, known as Wat Tyler's Rebellion. Popular rage perfectly logically ran highest against the monks and the lawyers. Both the Archbishop of Canterbury, Simon de Sudbury, the Lord Chancellor, and the Chief Justice were killed, and the insurgents wished to kill, as Capgrave has related, "all the men that had learned ony law." Finally the rebellion was suppressed, chiefly by the duplicity of Richard II. Richard promised the people, by written charters, a permanent tenure as freemen at reasonable rents, and so induced them to go home with his charters in their hands; but they were no sooner gone than vengeance began. Though Richard had been at the peasants' mercy, who might have killed him had they wished, punitive expeditions were sent in various directions. One was led by Richard himself, who travelled with Tresilian, the new Chief Justice, the man who afterward was himself hanged at Tyburn. Tresilian worked so well that he is said to have strung up a dozen villeins to a single beam in Chelmsford because he had no time to have them executed regularly. Stubbs has estimated that seven thousand victims hardly satisfied the landlords' sense of outraged justice. What concerns us, chiefly, is that this repression, however savage, failed altogether to bring tranquillity. After 1381 a full century of social chaos supervened, merging at times into actual civil war, until, in 1485, Henry Tudor came in after his victory at Bosworth, pledged to destroy the whole reactionary class which incarnated feudalism. For the feudal soldier was neither flexible nor astute, and allowed himself to be caught between the upper and the nether millstone. While industrial and commercial capital had been increasing in the towns, capitalistic methods of farming had invaded the country, and, as police improved, private and predatory warfare, as a business, could no longer be made to pay. The importance of a feudal noble lay in the body of retainers who followed his banner, and therefore the feudal tendency always was to overcharge the estate with military expenditure. Hence, to protect themselves from creditors, the landlords passed the Statute _De Donis_ [Footnote: 13 Edw. I, c. I (A.D. 1284).] which made entails inalienable. Toward the end of the Wars of the Roses, however, the pressure for money, which could only be raised by pledging their land, became too strong for the feudal aristocracy. Edward IV, who was a very able man, perceived, pretty early in his reign, that his class could not maintain themselves unless their land were put upon a commercial basis. Therefore he encouraged the judges, in the collusive litigation known to us as Taltarum's Case, decided in 1472, to set aside the Statute _De Donis_, by the fiction of the Common Recovery. The concession, even so, came too late. The combination against them had grown too strong for the soldiers to resist. Other classes evolved by competition wanted their property, and these made Henry Tudor king of England to seize it for them. |



