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
Archbishop Morton is famous for the dilemma which he proposed to
merchants and others, whom he solicited to contribute. He told those who
lived handsomely, that their opulence was manifest by their rate of
expenditure. Those, again, whose course of living was less sumptuous,
must have grown rich by their economy. Either class could well afford
assistance to their sovereign. This piece of logic, unanswerable in the
mouth of a privy councillor, acquired the name of Morton's fork. Henry
doubtless reaped great profit from these indefinite exactions, miscalled
benevolences. But, insatiate of accumulating treasure, he discovered
other methods of extortion, still more odious, and possibly more
lucrative. Many statutes had been enacted in preceding reigns, sometimes
rashly or from temporary motives, sometimes in opposition to prevailing
usages which they could not restrain, of which the pecuniary penalties,
though exceedingly severe, were so little enforced as to have lost their
terror. These his ministers raked out from oblivion; and, prosecuting
such as could afford to endure the law's severity, filled his treasury
with the dishonourable produce of amercements and forfeitures. The
feudal rights became, as indeed they always had been, instrumental to
oppression. The lands of those who died without heirs fell back to the
Crown by escheat. It was the duty of certain officers in every county to
look after its rights. The king's title was to be found by the inquest
of a jury, summoned at the instance of the escheator, and returned into
the exchequer. It then became a matter of record, and could not be
impeached. Hence the escheators taking hasty inquests, or sometimes
falsely pretending them, defeated the right heir of his succession.
Excessive fines were imposed on granting livery to the king's wards on
their majority. Informations for intrusion, criminal indictments,
outlawries on civil process, in short, the whole course of justice,
furnished pretences for exacting money; while a host of dependents on
the court, suborned to play their part as witnesses, or even as jurors,
rendered it hardly possible for the most innocent to escape these
penalties. Empson and Dudley are notorious as the prostitute instruments
of Henry's avarice in the later and more unpopular years of his reign;
but they dearly purchased a brief hour of favour by an ignominious death
and perpetual infamy.[14] The avarice of Henry VII., as it rendered his
government unpopular, which had always been penurious, must be deemed a
drawback from the wisdom ascribed to him; though by his good fortune it
answered the end of invigorating his power. By these fines and
forfeitures he impoverished and intimidated the nobility. The Earl of
Oxford compounded, by the payment of £15,000, for the penalties he had
incurred by keeping retainers in livery; a practice mischievous and
illegal, but too customary to have been punished before this reign. Even
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