Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
The
importance of a feudal noble lay in the body of retainers who followed
his banner, and therefore the feudal tendency always was to overcharge
the estate with military expenditure. Hence, to protect themselves from
creditors, the landlords passed the Statute _De Donis_ [Footnote: 13
Edw. I, c. I (A.D. 1284).] which made entails inalienable. Toward the
end of the Wars of the Roses, however, the pressure for money, which
could only be raised by pledging their land, became too strong for
the feudal aristocracy. Edward IV, who was a very able man, perceived,
pretty early in his reign, that his class could not maintain themselves
unless their land were put upon a commercial basis. Therefore he
encouraged the judges, in the collusive litigation known to us as
Taltarum’s Case, decided in 1472, to set aside the Statute _De Donis_,
by the fiction of the Common Recovery. The concession, even so, came too
late. The combination against them had grown too strong for the soldiers
to resist. Other classes evolved by competition wanted their property,
and these made Henry Tudor king of England to seize it for them.
Henry’s work was simple enough. After Bosworth, with a competent police
force at hand to execute process, he had only to organize a political
court, and to ruin by confiscatory fines all the families strong enough,
or rash enough, to maintain garrisoned houses. So Henry remodelled the
Star Chamber, in 1486, [Footnote: 3 Henry 7, C 1.] to deal with the
martial gentry, and before long a new type of intelligence possessed the
kingdom.
Public-domain text, read in full here on John Shaqi.
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