CHAPTER IV.—THE BLACK DEATH
"Tenure in Villenage is most properly, when a villeine holdeth of his lord … certaine lands or tenements, according to the custom of the manor … as to carry and recarry the dung of his lord out of the manor unto the land of his lord, and to spread the same upon the land, and such like. … And some freemen hold their tenements according to the cnstome of certaine manors, by such services … and yet they are not villeins; for no land holden in villenage, or villein land, shall ever make a freeman villeine. But a villeine may make free land to be villeine land to his lord.
"Villenage is the service of a bondman. And yet a freeman may doe the service of him that is bond. And therefore a tenure in villenage is twofold; one, where the person of the tenant is bond, and the tenure servile; the other, where the person is free, and the tenure servile. … The villeine may purchase some kind of inheritance in fee simple, which the lord of the villeine cannot have.—Littleton.
A GREAT change for the worse in the position of
small tenants began in the reign of Edward III.; it was partly the result of the French wars, but still more of a terrible physical calamity.
The conquest of France was the motive of a far-reaching development of the theory of tenure. Up to now, Norman and Saxon had held land by tenures which, differing but slightly in appearance, in practice differed enormously. The smaller landholders, the "freemen," represented the conquered Saxons. But though he had conquered them, the Conqueror thought it prudent to leave them in possession of their lands on the old terms of forty days' military service—always represented as for the defence of the country. These "udall" tenants were not vassals. They held as they had held in Edward the Confessor's time, and they took no oath of allegiance except to the King. The great Norman landholders, who came over with the Conqueror, and divided the spoils of the Saxon earls, took the same oath of allegiance; but their tenants were vassals, and took another oath of allegiance to their lord. Edward III. made the claim which has often been ascribed to the Conqueror. In the twenty-fourth year of his reign (1349-1350), he enacted, "That the King is the universal lord and original proprietor of all land in his kingdom"; and that no man
