Further measures appeared needful to prevent the evil; and the 27th
Henry VIII., cap. 22, states that the 4th Henry VII., cap. 19, for
keeping houses in repair, and for the tillage of the land, had been
enforced on lands holden of the king, but neglected by other lords. It,
therefore, enacted that the king shall have the moiety of the profits
of lands converted from tillage to pasture, since the passing of the
4th Henry VII., until a proper house is built, and the land returned
to tillage; and in default of the immediate lord taking the profits as
under that act, the king might take the same. This act extended to
the counties of Lincoln, Nottingham, Leicester, Warwick, Rutland,
Northampton, Bedford, Buckingham, Oxford, Berkshire, Isle of Wight,
Hertford, and Cambridge.
The simple fact was, that those who had formerly paid the rent of their
land by service as soldiers were without the capital or means of paying
rent in money; they were evicted and became vagrants. Henry VIII. took
a short course with these vagrants, and it is asserted upon apparently
good authority that in the course of his reign, thirty-six years, he
hanged no less than 72,000 persons for vagrancy, or at the rate of 2000
per annum. The executions in the reign of his daughter, Queen Elizabeth,
had fallen to from 300 to 400 per annum.
32 Henry VIII., cap. 1, gave powers of bequest with regard to land; as
it explains the change it effected, I quote it:
"That all persons holding land in socage not having any lands holden by
knight service of the king in chief, be empowered to devise and dispose
of all such socage lands, and in like case, persons holding socage
lands of the king in chief, and also of others, and not having the lands
holden by knight service, saving to the king, all his right, title, and
interest for primer seizin, reliefs, fines for alienations, etc. Persons
holding lands of the king by knight's service in chief were authorized
to devise two third parts thereof, saving to the king wardship, primer
seizin, of the third paid, and fines for alienation of the whole lands.
Persons holding lands by knight's service in chief, and also other lands
by knight's service, or otherwise may in like manner devise two third
part thereof, saving to the king wardship of the third, and fines for
alienation of the whole. Persons holding land of others than the king
by knight's service, and also holding socage lands, may devise two third
parts of the former and the whole of the latter, saving to the lord
his wardship of the third part. Persons holding lands of the king by
knight's service but not in chief, or so holding of the king and others,
and also holding socage lands, may in like manner devise two thirds of
the former and the whole of the latter, saving to the king the wardship
of the third part, and also to the lords; and the king or the other
lords were empowered to seize the one third part in case of any
deficiency."
Public-domain text, read in full here on John Shaqi.
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