At the end of King Stephen's troublous reign, there were eleven hundred
and fifteen castles in England, each of them a centre of power, at that
particular time almost absolute. The wise provisions of the Conqueror had
to some extent been overcome, and the feudal lords had become so
unmanageable that Henry II. found himself compelled to stipulate for the
destruction of a number of the strongholds. At the same time he prevented
the erection of others except by royal licence, and so began to limit the
oppression which had prevailed. We find, too, that in consequence of the
frequent over-riding of the common law by men in authority, the monarch
reserved to himself more and more of sovereign power, "by which," says Sir
Robert Filmer in his famous "Patriarcha"--answered by John Locke in the
still more famous treatises on Civil Government--"he did supply the want
or correct the rigour of the common law, because the positive law, being
grounded upon that which happens for the most part, cannot forsee every
particular which time and experience bring forth. Already sundry things do
fall out," he continues later, "both in war and peace, that require
extraordinary help ... so that rare matters do grow up meet to be referred
to the absolute authority of the prince." We find such a case in the time
of Richard II., when, on a question of freehold, the appeal went direct to
the king because "of maintenance, oppression, or other outrages the common
law cannot have duly her course."
How the lords could avoid and defy the common law is proved by two curious
instances in the history of the Dudleys, the family previously referred
to. Lord Edward Dudley, in 1592, had a dispute with the neighbouring
Lyttelton family, and raising some 150 persons, he went one night and
stole all the cattle on the latter's estate. Lyttelton obtained judgment
against Dudley, who was ordered to return the cattle, but he posted his
servants at the gates, and bade them cut the bailiffs to pieces. Lyttelton
then armed sixty men and took the cattle back by force; Dudley armed 700
men to fetch them back and kill them. For this offence the nobleman and
eighty followers were indicted, but by one means and another the
proceedings were made to last four years, and then an agreement was
entered into by the parties. Lord Edward's son, Ferdinando, was the hero
of the next exploit. He purchased the property of an oppressed widow,
named Martha Grovenor, for £1200, but only paid £100. She sued him in the
Exchequer for the remainder, and obtained judgment for the balance. No
notice was taken of this. The following year the widow obtained a second
decree, and this again was ignored. His lordship was next called upon for
costs, and this led him to make an effort to compromise the matter. He
entered into an agreement to pay all arrears and costs, but, having done
so much, refused to fulfil his obligations. An execution of ejectment was
then levied against his lordship.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account