CENTRAL COURTS I 77 



the one count on the statute of labourers given in Novae 

 Narrationes is for an action for departure/ and the two pleas 

 recorded in Liber Intraiionii'ni are both for departure and 

 retention.' Fitzherbert in his commentary touches on the 

 compulsory service and the summer and winter clauses, and 

 on the relation of the lord to his villein, but for the first 

 two gives no reference to reported cases; he omits the 

 wages clause altogether and lays all the stress on the terms 

 of the contract.^ It is significant that Brooke in mention- 

 mg the summer and winter clause merely quotes Fitz- 

 hert's remarks.' The conclusion from all the above data 

 is certainly warranted that, in sharp contrast to what was 

 happening in quarter sessions, the two upper courts were 

 concentrating their attention on the enforcement of the con- 

 tract clause of the ordinance.'^ An explanation of this 

 phenomienon must be attempted. 



It is, of course, clear that the receipt of excess wages and 

 of excess price was a question of fact the truth of Avhich 

 could be easily and legitimately determined by justices of 

 labourers and their juries; while the question of contract 

 involved legal problems needing the opinion of the trained 

 and learned lawyers of the upper courts.** It is also true 

 that a breach of contract would naturally be worth while 

 to a servant only if he were enabled thereby to secure higher 

 wages than he Avas already receiving. The writs for de- 



»App., 413. 



-" Statuta de laboratoribus contra magistrum et seruientem qui placi- 

 tant licenciam etc.," xxxii f.; " Narratio versus seruientem qui recessit 

 ante finem termini;" Ixv e. The latter is given in the table of contents 

 but I have not succeeded in finding it. 



'^ Nezv Natura Breviuni, 388-392. 



* La Grauvde Abridgement, Laborers, 51. 



^ Leaving aside the puzzling question of the presentments in Ancient 

 Indictments. 



" I am indebted to Professor Vinogradofif for this suggestion. 



