The problem of the ‘over-mighty’

A simple observation that emerges from the previous survey of early modern franchise jurisdictions is that the landed elite, the aristocracy and gentry, enjoyed surprisingly little power and influence directly as a result of being lords of the manor. Although advanced without reference to questions about land tenure and economic relationships that will be discussed in the next chapter, the point can be illustrated by some striking examples from the fifteenth century. On 30 December 1460, Richard of York, the principal antagonist of King Henry VI in the Wars of the Roses, was slain within the precincts of his manor of Wakefield, evidently unable to depend on support from his tenants, copyholders who had long enjoyed considerable control over their holdings. Similarly, given the nature of the charge that was used at Fountains Abbey at about the same time, it is not surprising that the jury at another Yorkshire manor, Aldborough, presented some of their fellow tenants for riding in support of Richard, the earl of Salisbury and Sir John Neville contrary to proclamations and mandates of King Henry.

It would probably not be technically accurate to describe any period covered by this book as one in which England was simply a collection of noble fiefdoms, and as we shall see, the common law took only limited notice of the status terms associated with either peers of the realm (earl, baron, duke, etc.), or country squires (knight, esquire, gentleman).