no doubt that the vi1lein’s condition did gradually but surely improve until at last he became a free copyholder. It seems to me that there are indications of a struggle throughout the reign of Edward III. Sometimes the lord succeeded in enforcing his claim, as when in 1328[1] an attempt was made by the homage to conceal purchases of freehold land by villeins, in order that they might avoid the customary[2] rents and fines. But on the whole the villein seems to have improved his position. From the middle of the fourteenth century the fines on admittance become more certain, and the merchet payments less in amount, and at the end of the century the villein has clearly become more prosperous. And when we get into the fifteenth century his prosperity is undoubtedly increasing, he is allowed contrary to former practice to be essoined, and in 1419 the merchet has become a fine for a marriage licence. I have included some extracts from the rolls of 9 and 10 Elizabeth, as an example of villeinage in a dying condition. Most of the villeins have already been enfranchised, but there is still an attempt made to keep up former claims. In 9 Eliz. the inquisition of nativi still appears, the names of 11 villeins are put down, but only 5 seem to have come and been sworn;[3] an effort is also made to draw up an account of the villeins and their progeny. The next year there are 6 names on the inquisition of nativi, in 20 Eliz. 2, and henceforward the attempt to form an inquisition of nativi is given up, although as late as 2 James I. 3 nativi are amerced 3s. 4d. each for default of suit of court.
