Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Statute of Fines._--The laws of Henry VII. have been highly praised by
Lord Bacon as "deep and not vulgar, not made upon the spur of a
particular occasion for the present, but out of providence for the
future, to make the estate of his people still more and more happy,
after the manner of the legislators in ancient and heroical times." But
when we consider how very few kings or statesmen have displayed this
prospective wisdom and benevolence in legislation, we may hesitate a
little to bestow so rare a praise upon Henry. Like the laws of all
other times, his statutes seem to have had no further aim than to remove
some immediate mischief, or to promote some particular end. One,
however, has been much celebrated as an instance of his sagacious
policy, and as the principal cause of exalting the royal authority upon
the ruins of the aristocracy; I mean, the Statute of Fines (as one
passed in the fourth year of his reign is commonly called), which is
supposed to have given the power of alienating entailed lands. But both
the intention and effect of this seem not to have been justly
apprehended.
In the first place it is remarkable that the statute of Henry VII. is
merely a transcript, with very little variation, from one of Richard
III., which is actually printed in most editions. It was re-enacted, as
we must presume, in order to obviate any doubt, however ill-grounded,
which might hang upon the validity of Richard's laws. Thus vanish at
once into air the deep policy of Henry VII. and his insidious schemes of
leading on a prodigal aristocracy to its ruin. It is surely strange that
those who have extolled this sagacious monarch for breaking the fetters
of landed property (though many of them were lawyers) should never have
observed, that whatever credit might be due for the innovation should
redound to the honour of the unfortunate usurper. But Richard, in truth,
had no leisure for such long-sighted projects of strengthening a throne
for his posterity which he could not preserve for himself. His law, and
that of his successor, had a different object in view.
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