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
Notwithstanding these various censures, I must own myself of opinion,
both that the abolition of monastic institutions might have been
conducted in a manner consonant to justice as well as policy, and that
Henry's profuse alienation of the abbey lands, however illaudable in its
motive, has proved upon the whole more beneficial to England than any
other disposition would have turned out. I cannot, until some broad
principle is made more obvious than it ever has yet been, do such
violence to all common notions on the subject, as to attach an equal
inviolability to private and corporate property. The law of hereditary
succession, as ancient and universal as that of property itself, the law
of testamentary disposition, the complement of the former, so long
established in most countries as to seem a natural right, have invested
the individual possessor of the soil with such a fictitious immortality,
such anticipated enjoyment, as it were, of futurity, that his perpetual
ownership could not be limited to the term of his own existence, without
what he would justly feel as a real deprivation of property. Nor are the
expectancies of children, or other probable heirs, less real
possessions, which it is a hardship, if not an absolute injury, to
defeat. Yet even this hereditary claim is set aside by the laws of
forfeiture, which have almost everywhere prevailed. But in estates held,
as we call it, in mortmain, there is no intercommunity, no natural
privity of interest, between the present possessor and those who may
succeed him; and as the former cannot have any pretext for complaint,
if, his own rights being preserved, the legislature should alter the
course of transmission after his decease, so neither is any hardship
sustained by others, unless their succession has been already designated
or rendered probable. Corporate property therefore appears to stand on a
very different footing from that of private individuals; and while all
infringements of the established privileges of the latter are to be
sedulously avoided, and held justifiable only by the strongest motives
of public expediency, we cannot but admit the full right of the
legislature to new mould and regulate the former in all that does not
involve existing interests upon far slighter reasons of convenience. If
Henry had been content with prohibiting the profession of religious
persons for the future, and had gradually diverted their revenues
instead of violently confiscating them, no protestant could have found
it easy to censure his policy.
Public-domain text, read in full here on John Shaqi.
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