It is difficult to estimate the effect which the Tudor policy had upon
the landholding of England. Under the feudal system, the land was held
in trust and burdened with the support of the soldiery. Henry VII., in
order to weaken the power of the nobles, put an end to their maintaining
independent soldiery. Thus landlords' incomes increased, though their
material power was curtailed. It would not have been difficult at this
time to have loaded these properties with annual payments equal to the
cost of the soldiers which they were bound to maintain, or to have
given each of them a farm under the Crown, and strict justice would have
prevented the landowners from putting into their pockets those revenues
which, according to the grants and patents of the Conqueror and his
successors, were specially devoted to the maintenance of the army.
Land was released from the conditions with which it was burdened when
granted. This was not done by direct legislation but by its being the
policy of the Crown to prevent "king-makers" arising from among the
nobility. The dread of Warwick influenced Henry. He inaugurated a policy
which transferred the support of the army from the lands, which should
solely have borne it, to the general revenue of the country. Thus he
relieved one class at the expense of the nation. Yet, when Henry was
about to wage war on the Continent, he called all his subjects to
accompany him, under pain of forfeiture of their lands; and he did not
omit levying the accustomed feudal charge for knighting his eldest son
and for marrying his eldest daughter. The acts to prevent the landholder
from oppressing the occupier, and those for the encouragement of
tillage, failed. The new idea of property in land, which then obtained,
proved too powerful to be altered by legislation.
Another change in the system of landholding took place in those reigns.
Lord Cromwell, who succeeded Cardinal Wolsey as minister to Henry VIII.,
had land in Kent, and he obtained the passing of an act (31 Henry VIII.,
cap. 2) which took his land and that of other owners therein named, out
of the custom of gavelkind (gave-all-kind), which had existed in Kent
from before the Norman Conquest, and enacted that they should descend
according to common law in like manner as lands held by knight's
service.
Public-domain text, read in full here on John Shaqi.
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