History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. IIIFroude, James Anthony
History
History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. III
Froude, James Anthony
Great Britain -- History -- Tudors, 1485-1603
wandering pedlar, had been mainly carried on within their walls.[85]
[Sidenote: The Statute of Uses another grievance.]
[Sidenote: Difficulty of providing for younger children under the old
common law.]
[Sidenote: The objects and the evils of the system of Uses.]
"The Statute of Uses," again, an important but insufficient measure of
reform, passed in the last session of parliament but one,[86] had
created not unreasonable irritation. Previous to the modification of the
feudal law in the year 1540, land was not subject to testamentary
disposition and it had been usual to evade the prohibition of direct
bequest, in making provision for younger children, by leaving estates in
"use," charged with payments so considerable as to amount virtually to a
transfer of the property. The injustice of the common law was in this
way remedied, but remedied so awkwardly as to embarrass and complicate
the titles of estates beyond extrication. A "use" might be erected on a
"use"; it might be extended to the descendants of those in whose behalf
it first was made; it might be mortgaged, or transferred as a security
to raise money. The apparent owner of a property might effect a sale,
and the buyer find his purchase so encumbered as to be useless to him.
The intricacies of tenure thus often passed the skill of judges to
unravel;[87] while, again, the lords of the fiefs were unable to claim
their fines or fees or liveries, and the crown, in cases of treason,
could not enforce its forfeitures. The Statute of Uses terminated the
immediate difficulty by creating, like the recent Irish Encumbered
Estates Act, parliamentary titles. All persons entitled to the use of
lands were declared to be to all intents and purposes the lawful
possessors, as much as if such lands had been made over to them by
formal grant or conveyance. They became actual owners, with all the
rights and all the liabilities of their special tenures. The embarrassed
titles were in this way simplified; but now, the common law remaining as
yet unchanged, the original evil returned in full force. Since a trust
was equivalent to a conveyance, and land could not be bequeathed by
will, the system of trusts was virtually terminated. Charges could not
be created upon estates, and the landowners complained that they could
no longer raise money if they wanted it; their estates must go wholly to
the eldest sons; and, unless they were allowed to divide their
properties by will, their younger children would be left
portionless.[88]
Small grievances are readily magnified in seasons of general disruption.
A wicked spirit in the person of Cromwell was said to rule the king, and
everything which he did was evil, and every evil of the commonwealth was
due to his malignant influence.
[Sidenote: Grievances of the commons.]
[Sidenote: Local limitation of English country life.]
[Sidenote: Each district self-supporting.]
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