History of the English People, Volume II: The Charter, 1216-1307; The Parliament, 1307-1400Green, John Richard
History
History of the English People, Volume II: The Charter, 1216-1307; The Parliament, 1307-1400
Green, John Richard
Great Britain -- History
He returned to find the Earls of Gloucester and Hereford at war, and his
judges charged with violence and corruption. The two Earls were brought to
peace, and Earl Gilbert allied closely to the royal house by a marriage
with the king's daughter Johanna. After a careful investigation the
judicial abuses were recognized and amended. Two of the chief justices were
banished from the realm and their colleagues imprisoned and fined. But
these administrative measures were only preludes to a great legislative act
which appeared in 1290. The Third Statute of Westminster, or, to use the
name by which it is more commonly known, the Statute "Quia Emptores," is
one of those legislative efforts which mark the progress of a wide social
revolution in the country at large. The number of the greater barons was
diminishing every day, while the number of the country gentry and of the
more substantial yeomanry was increasing with the increase of the national
wealth. The increase showed itself in a growing desire to become
proprietors of land. Tenants of the barons received under-tenants on
condition of their rendering them similar services to those which they
themselves rendered to their lords; and the baronage, while duly receiving
the services in compensation for which they had originally granted their
lands in fee, saw with jealousy the feudal profits of these new
under-tenants, the profits of wardships or of reliefs and the like, in a
word the whole increase in the value of the estate consequent on its
subdivision and higher cultivation, passing into other hands than their
own. The purpose of the statute "Quia Emptores" was to check this process
by providing that in any case of alienation the sub-tenant should
henceforth hold, not of the tenant, but directly of the superior lord. But
its result was to promote instead of hindering the transfer and subdivision
of land. The tenant who was compelled before the passing of the statute to
retain in any case so much of the estate as enabled him to discharge his
feudal services to the overlord of whom he held it, was now enabled by a
process analogous to the modern sale of "tenant-right," to transfer both
land and services to new holders. However small the estates thus created
might be, the bulk were held directly of the Crown; and this class of
lesser gentry and freeholders grew steadily from this time in numbers and
importance.
[Sidenote: The Crown and the Jews]
Public-domain text, read in full here on John Shaqi.
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