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
Beyond the casual mention in his ‘remembrances[291]’ there is no precise
record of Cromwell’s connexion with this important measure. It is worthy
of note, however, that the attainments needed to plan and draft such a
statute were precisely those which Cromwell possessed in the very
highest degree--intimate knowledge of the law, and great shrewdness in
finance. The bold and effective way in which the measure struck at the
root of the evil, and caused the extra-legal practice which had grown up
to become its own ruin, is very characteristic of him. Furthermore,
Cromwell was certainly believed to be the originator of the measure by
the rebels in the Pilgrimage of Grace, which was partially caused by
it, and as such his death was demanded. It therefore seems highly
probable that it was he who devised this scheme in order to deal the
death blow to a very annoying practice of evading the law, and to enrich
the royal treasury. The statute, however, was not entirely successful in
attaining the ends at which it aimed, for by a strained interpretation
of the letter of the Act, the courts managed to evade the spirit of it,
so that it failed to do away with the old distinction between beneficial
and legal ownership, which it had been intended to destroy. In addition
to this, the popular outburst of indignation aroused by the Statute of
Uses was so strong that a few months before Cromwell’s death he saw the
actual right of at least partial testamentary disposition of landed
property obtained by the people. The Act concerning the willing of land
by testament[292], passed in the spring of 1540, gave to every tenant in
fee simple the right to bequeath at his pleasure all lands which he held
by socage tenure, and two-thirds of the lands which he held by
knight-service. The force of usage was such that when the King and
Cromwell attempted to abolish a practice, which had rendered the willing
of land possible under another name, the actual right to bequeath landed
property without circumventing the law was wrested from them.
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