on Gavelkind, p. 72.
[417] Rymer, t. vii. p. 316, &c. The king holds this bitter language to
the villeins of Essex, after the death of Tyler and execution of the
other leaders had disconcerted them: Rustici quidem fuistis et estis, in
bondagio permanebitis, non ut hactenus, sed incomparabiliter viliori,
&c. Walsingham, p. 269.
[418] Rot. Parl. vol. iii. p. 100.
[419] 5 R II. c. 7. The words are, riot et rumour _n'autres semblables_;
rather a general way of creating a new treason; but panic puts an end to
jealousy.
[420] 12 R. II. c. 3.
[421] Rot. Parl. 15 R. II. vol. iii. p. 294, 296. The statute 7 H. IV.
c. 17, enacts that no one shall put his son or daughter apprentice to
any trade in a borough, unless he have land or rent to the value of
twenty shillings a year, but that any one may put his children to
school. The reason assigned is the scarcity of labourers in husbandry,
in consequence of people living in _Upland_ apprenticing their children.
[422] Blomefield's Norfolk, vol. iii. p. 571.
[423] Rymer, t. v. p. 44.
[424] Gurdon on Courts Baron, p. 596; Madox, Formulare Anglicanum, p.
420; Barrington on Ancient Statutes, p. 278. It is said in a modern book
that villenage was very rare in Scotland, and even that no instance
exists in records of an estate sold with the labourers and their
families attached to the soil. Pinkerton's Hist. of Scotland, vol. i. p.
147. But Mr. Chalmers, in his Caledonia, has brought several proofs that
this assertion is too general.
[425] Barrington, ubi supra, from Rymer.
[426] There are several later cases reported wherein villenage was
pleaded, and one of them as late as the 15th of James I. (Noy, p. 27.)
See Hargrave's argument, State Trials, vol. xx. p 41. But these are so
briefly stated, that it is difficult in general to understand them. It
is obvious, however, that judgment was in no case given in favour of the
plea; so that we can infer nothing as to the actual continuance of
villenage.
It is remarkable, and may be deemed by some persons a proof of legal
pedantry, that Sir E. Coke, while he dilates on the law of villenage,
never intimates that it was become antiquated.
[427] 8 H. V. c. 1.
[428] This prince having been sent to Antwerp, six commissioners were
appointed to open parliament. Rot. Parl. 13 E. III. vol. ii. p. 107.
[429] Rymer, t. vi. p. 748.
[430] Matt. Paris, p. 243.
[431] Matt Westmonast. ap. Brady's History of England, vol. ii. p. 1
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