"That the Court of Ward and Liveries, primer seizin, etc., and all fines
for alienation, tenures by knight's service, and tenures in capite, be
done away with and turned into fee and common socage, and discharged of
homage, escuage, aids, and reliefs. All future tenures created by the
king to be in free and common socage, reserving rents to the Crown
and also fines on alienation. It enables fathers to dispose of their
children's share during their minority, and gives the custody of the
personal estate to the guardians of such child, and imposes in lieu of
the revenues raised in the Court of Ward and Liveries, duties upon beer
and ale."
The land was relieved of its legitimate charge, and a tax on beer and
ale imposed instead! the landlords were relieved at the expense of
the people. The statute which accomplished this change is described by
Blackstone as
"A greater acquisition to the civil property of this kingdom than even
Magna Charta itself, since that only pruned the luxuriances that had
grown out of military tenures, and thereby preserved them in vigor; but
the statute of King Charles extirpated the whole, and demolished both
root and branches."
The efforts of James II. to rule contrary to the wish of the nation,
led to his expulsion from the throne, and showed that, in case of future
disputes as to the succession, the army, like the Praetorian Guards of
Rome, had the election of the monarch. The Red and White Roses of the
Plantagenets reappeared under the altered names of Whig and Tory; but
it was proved that the decision of a leading soldier like the Duke of
Marlborough would decide the army, and that it would govern the nation;
fortunately the decision was a wise one, and was ratified by Parliament:
thus FORCE governed LAW, and the decision of the ARMY influenced the
SENATE. William III. succeeded, AS AN ELECTED MONARCH, under the Bill
of Rights. This remarkable document contains no provision, securing the
tenants-in-fee in their estates; and I have not met with any treatise
dealing with the legal effects of the eviction of James II. All patents
were covenants between the king and his heirs, and the patentees and
their heirs. The expulsion of the sovereign virtually destroyed the
title; and an elected king, who did not succeed as heir, was not bound
by the patents of his predecessors, nor was William asked, by the Bill
of Rights, to recognize any of the existing titles. This anomalous state
of things was met in degree by the statute of prescriptions, but even
this did not entirely cure the defect in the titles to the principal
estates in the Kingdom. The English tenants in decapitating one landlord
and expelling another, appear to have destroyed their titles, and then
endeavored to renew them by prescriptive right; but I shall not pursue
this topic further, though it may have a very definite bearing upon the
question of landholding.
Public-domain text, read in full here on John Shaqi.
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