View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
Another class of abuses intimately connected with unquestionable though
oppressive rights of the crown originated in the feudal tenure which
bound all the lands of the kingdom. The king had indisputably a right to
the wardship of his tenants in chivalry, and to the escheats or
forfeitures of persons dying without heirs or attainted for treason. But
his officers, under pretence of wardship, took possession of lands not
held immediately of the crown, claimed escheats where a right heir
existed, and seized estates as forfeited which were protected by the
statute of entails. The real owner had no remedy against this
disposition but to prefer his petition of right in chancery, or, which
was probably more effectual, to procure a remonstrance of the house of
commons in his favour. Even where justice was finally rendered to him he
had no recompense for his damages; and the escheators were not less
likely to repeat an iniquity by which they could not personally suffer.
[Sidenote: Forest laws.]
The charter of the forests, granted by Henry III. along with Magna
Charta,[366] had been designed to crush the flagitious system of
oppression which prevailed in those favourite haunts of the Norman
kings. They had still, however, their peculiar jurisdiction, though,
from the time at least of Edward III., subject in some measure to the
control of the King's Bench.[367] The foresters, I suppose, might find a
compensation for their want of the common law in that easy and
licentious way of life which they affected; but the neighbouring
cultivators frequently suffered from the king's officers who attempted
to recover those adjacent lands, or, as they were called, purlieus,
which had been disafforested by the charter and protected by frequent
perambulations. Many petitions of the commons relate to this grievance.
[Sidenote: Jurisdiction of constable and marshal.]
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