James I. and his ministers tried to grapple with the altered
circumstances, and strove to substitute and equitable Crown rent or
money payment for the existing and variable claims which were collected
by the Court of Ward and Livery. The knight's fee then consisted of
twelve plough-lands, a more modern name for "a hide of land." The class
burdened with knight's service, or payments in lieu thereof, comprised
160 temporal and 26 spiritual lords, 800 barons, 600 knights, and 3000
esquires. The knight's fee was subject to aids, which were paid to the
Crown upon the marriage of the king's son or daughter. Upon the death
of the possessor, the Crown received primer-seizen a year's rent. If the
successor was an infant, the Crown under the name of Wardship, took the
rents of the estates. If the ward was a female, a fine was levied if she
did not accept the husband chosen by the Crown. Fines on alienation
were also levied, and the estates, though sold, became escheated, and
reverted to the Crown upon the failure of issue. These various fines
kept alive the principle that the lands belonged to the Crown as
representative of the nation; but, as they varied in amount, James I.
proposed to compound with the tenants-in-fee, and to convert them into
fixed annual payments. The nobles refused, and the scheme was abandoned.
In the succeeding reign, the attempt to stretch royal power beyond its
due limits led to resistance by force, but it was no longer a mere war
of nobles; their power had been destroyed by Henry VII. The Stuarts had
to fight the people, with a paid army, and the Commons, having the
purse of the nation, opposed force to force. The contest eventuated in
a military protectorship. Many of the principal tenants-in-fee fled
the country to save their lives. Their lands were confiscated and given
away; thus the Crown rights were weakened, and Charles II. was forced to
recognize many of the titles given by Cromwell; he did not dare to
face the convulsion which must follow an expulsion of the novo homo in
posession of the estates of more ancient families; but legislation went
further--it abolished all the remaining feudal charges. The Commons
appear to have assented to this change, from a desire to lessen the
private income of the Sovereign, and thus to make him more dependent
upon Parliament, This was done by the 12th Charles II., cap. 24. It
enacts:
Public-domain text, read in full here on John Shaqi.
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