Life and Letters of Thomas Cromwell, Vol. 1 of 2: Life, Letters to 1535Merriman, Roger Bigelow
History
Life and Letters of Thomas Cromwell, Vol. 1 of 2: Life, Letters to 1535
Merriman, Roger Bigelow
Cromwell, Thomas, Earl of Essex, 1485?-1540
Another most important measure passed during Cromwell’s ministry, was
the so-called Statute of Uses[288]. It was at the same time a legal and
a financial reform. In order to evade the common law, which prohibited
testamentary disposition of landed property and rendered it strictly
subject to primogeniture, the custom had long been prevalent that the
owner should name before or at his death certain persons to whose ‘use’
his lands should be held. These persons became to all intents and
purposes the true devisees; for though the trustee, or ‘feoffee to
uses,’ alone was recognized by the common law, the beneficiary or
‘cestui que use’ soon began to receive strong support through the
equitable jurisdiction of the Chancellor, and so was often able actually
to enforce claims which originally had rested merely on moral
obligation. This was the usual method of circumventing the laws of the
realm, in order to make provision by will for younger children. In this
particular it was perhaps legitimate, but at the same time it opened the
way to a great number of abuses, which are stated at length in the
preamble to the statute just mentioned. The chief of these were the
extraordinary complication of titles to land, which resulted from the
secret methods of devising it, and the loss to the King and the great
lords of the feudal dues on successions, wardships, and marriages. Two
ineffectual attempts had been made to remedy these evils in the reigns
of Richard III. and Henry VII.[289], and at Cromwell’s accession to
power the subject was brought up again. There is reason to think that
the Statute of Uses was under consideration as early as 1531, and the
main principle of it bears a close resemblance to the measure devised in
the reign of Richard III. A mention of it occurs in Cromwell’s
‘remembrances’ of the year 1535[290], but it was not finally passed
until 1536, probably on account of the popular opposition, which,
according to Chapuys, was very pronounced. The upshot of the statute
was, that all right to the estate was taken from the grantee to uses and
vested in the beneficiary, and the distinction between legal and
beneficial ownership was thus entirely destroyed. The ostensible tenant
was made in every case the legal tenant; those entitled to the use of
land became the actual holders of it. The Act further was intended to
abolish the right to create further uses in the future: the power of
disposing of interests in land by will was thus removed, and the King
was restored to the enjoyment of his ancient feudal dues.
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