Part 11

Enacting Poor Laws. 22 Henry VIII., Cap. 12. 37 Henry VIII., Cap. 23. 1 Edward VI., Cap. 3. 5 and 6 Edward VI., Cap. 2. 2 and 4 Philip and Mary, Cap. 5. 5 Elizabeth, Cap. 3. 14 Elizabeth, Cap. 5. 18 Elizabeth, Cap. 3. 39 Elizabeth, Cap. 3. 43 Elizabeth, Cap. 2.]

I have perhaps gone at too great length into detail; but I think I could not give a proper picture of the alteration in the system of landholding or its effects without tracing from the statute-book the black records of these important changes. The suppression of monasteries tended greatly to increase the sufferings of the poor, but I doubt if even these institutions could have met the enormous pressure which arose from the wholesale evictions of the people. The laws of Henry VII and Henry VIII., enforcing the tillage of the land, preceded the suppression of religious houses, and the act of the latter monarch allowing the poor to beg was passed before any steps were taken to close the convents. That measure was no doubt injurious to the poor, but the main evil arose from other causes. The lands of these houses, when no longer applicable to the purpose for which they were given, should have reverted to the heirs of the donors, or have been applied to other religious or educational purposes. The bestowal of them upon favorites, to the detriment alike of the State, the Church, the Poor, and the Ignorant, was an abuse of great magnitude, the effect of which is still felt. The reigns of the Tudors are marked with three events affecting the land--viz.:

1st. Relieving it of the support of the army;

2d. Burdening of it with the support of the poor;

3d. Applying the monastic lands to private uses.

The abolition of retainers, while it relieved the land of the nobles from the principal charge thereon, did not entirely abolish knight's service. The monarch was entitled to the care of all minors, to aids on the marriage or knighthood of the eldest son, to primerseizin or a year's rent upon the death of each tenant of the Crown. These fees were considerable, and were under the care of the Court of Ward and Liveries.

The artisan class had, however, grown in wealth, and they were greatly strengthened by the removal from France of large numbers of workmen in consequence of the revocation of the Edict of Nantes. These prosperous tradespeople became landowners by purchase, and thus tended to replace the LIBERI HOMINES, or FREEMEN, who had been destroyed under the wars of the nobles, which effaced the landmarks of English society. The liberated serfs attained the position of paid farm-laborers; had the policy of Elizabeth, who enacted that each of their cottages should have an allotment of four acres of land, been carried out, it would have been most beneficial to the state.

The reign of this family embraced one hundred and eighteen years, during which the increase of the population was about twenty-five per cent. When Henry VII. ascended the throne in 1485 it was 4,000,000, and on the death of Queen Elizabeth in 1603 it had reached 5,000,000, the average increase being about 8000 per annum. The changes effected in the condition of the farmers' class left the mass of the people in a far worse state at the close than at the commencement of their rule.

VII. THE STUARTS.

The accession of the Stuarts to the throne of England took place under peculiar circumstances. The nation had just passed through two very serious struggles--one political, the other religious. The land which had been in the possession of religious communities, instead of being retained by the state for educational or religious purposes, had been given to favorites. A new class of ownership had been created--the lay impropriators of tithes. The suppression of retainers converted land into a quasi property. The extension to land of the powers of bequest gave the possessors greater facilities for disposing thereof. It was relieved from the principal feudal burden, military service, but remained essentially feudal as far as tenure was concerned. Men were no longer furnished to the state as payment of the knight's fee; they were cleared off the land, to make room for sheep and oxen, England being in that respect about two hundred years in advance of Ireland, though without the outlet of emigration. Vagrancy and its attendant evils led to the Poor Law.

James I. and his ministers tried to grapple with the altered circumstances, and strove to substitute and equitable Crown rent or money payment for the existing and variable claims which were collected by the Court of Ward and Livery. The knight's fee then consisted of twelve plough-lands, a more modern name for "a hide of land." The class burdened with knight's service, or payments in lieu thereof, comprised 160 temporal and 26 spiritual lords, 800 barons, 600 knights, and 3000 esquires. The knight's fee was subject to aids, which were paid to the Crown upon the marriage of the king's son or daughter. Upon the death of the possessor, the Crown received primer-seizen a year's rent. If the successor was an infant, the Crown under the name of Wardship, took the rents of the estates. If the ward was a female, a fine was levied if she did not accept the husband chosen by the Crown. Fines on alienation were also levied, and the estates, though sold, became escheated, and reverted to the Crown upon the failure of issue. These various fines kept alive the principle that the lands belonged to the Crown as representative of the nation; but, as they varied in amount, James I. proposed to compound with the tenants-in-fee, and to convert them into fixed annual payments. The nobles refused, and the scheme was abandoned.

In the succeeding reign, the attempt to stretch royal power beyond its due limits led to resistance by force, but it was no longer a mere war of nobles; their power had been destroyed by Henry VII. The Stuarts had to fight the people, with a paid army, and the Commons, having the purse of the nation, opposed force to force. The contest eventuated in a military protectorship. Many of the principal tenants-in-fee fled the country to save their lives. Their lands were confiscated and given away; thus the Crown rights were weakened, and Charles II. was forced to recognize many of the titles given by Cromwell; he did not dare to face the convulsion which must follow an expulsion of the novo homo in posession of the estates of more ancient families; but legislation went further--it abolished all the remaining feudal charges. The Commons appear to have assented to this change, from a desire to lessen the private income of the Sovereign, and thus to make him more dependent upon Parliament, This was done by the 12th Charles II., cap. 24. It enacts:

"That the Court of Ward and Liveries, primer seizin, etc., and all fines for alienation, tenures by knight's service, and tenures in capite, be done away with and turned into fee and common socage, and discharged of homage, escuage, aids, and reliefs. All future tenures created by the king to be in free and common socage, reserving rents to the Crown and also fines on alienation. It enables fathers to dispose of their children's share during their minority, and gives the custody of the personal estate to the guardians of such child, and imposes in lieu of the revenues raised in the Court of Ward and Liveries, duties upon beer and ale."

The land was relieved of its legitimate charge, and a tax on beer and ale imposed instead! the landlords were relieved at the expense of the people. The statute which accomplished this change is described by Blackstone as

"A greater acquisition to the civil property of this kingdom than even Magna Charta itself, since that only pruned the luxuriances that had grown out of military tenures, and thereby preserved them in vigor; but the statute of King Charles extirpated the whole, and demolished both root and branches."

The efforts of James II. to rule contrary to the wish of the nation, led to his expulsion from the throne, and showed that, in case of future disputes as to the succession, the army, like the Praetorian Guards of Rome, had the election of the monarch. The Red and White Roses of the Plantagenets reappeared under the altered names of Whig and Tory; but it was proved that the decision of a leading soldier like the Duke of Marlborough would decide the army, and that it would govern the nation; fortunately the decision was a wise one, and was ratified by Parliament: thus FORCE governed LAW, and the decision of the ARMY influenced the SENATE. William III. succeeded, AS AN ELECTED MONARCH, under the Bill of Rights. This remarkable document contains no provision, securing the tenants-in-fee in their estates; and I have not met with any treatise dealing with the legal effects of the eviction of James II. All patents were covenants between the king and his heirs, and the patentees and their heirs. The expulsion of the sovereign virtually destroyed the title; and an elected king, who did not succeed as heir, was not bound by the patents of his predecessors, nor was William asked, by the Bill of Rights, to recognize any of the existing titles. This anomalous state of things was met in degree by the statute of prescriptions, but even this did not entirely cure the defect in the titles to the principal estates in the Kingdom. The English tenants in decapitating one landlord and expelling another, appear to have destroyed their titles, and then endeavored to renew them by prescriptive right; but I shall not pursue this topic further, though it may have a very definite bearing upon the question of landholding.

It may not be uninteresting to allude rather briefly to the state of England at the close of the seventeenth century. Geoffrey King, who wrote in 1696, gives the first reliable statistics about the state of the country. He estimated the number of houses at 1,300,000, and the average at four to each house, making the population 5,318,000. He says there was but seven acres of land for each person, but that England was six times better peopled than the known world, and twice better than Europe. He calculated the total income at L43,500,000, of which the yearly rent of land was L10,000,000. The income was equal to L7, 18s. 0d. per head, and the expense L7, 11s. 4d.; the yearly increase, 6s. 8d. per head, or L1,800,000 per annum. He estimated the annual income of 160 temporal peers at L2800 per annum, 26 spiritual peers at L1300, of 800 baronets at L800, and of 600 knights at L650.

He estimated the area at 39,000,000 acres (recent surveys make it 37,319,221). He estimated the arable land at 11,000,000 acres, and pasture and meadow at 10,000,000, a total of 21,000,000. The area under all kinds of crops and permanent pasture was, in 1874, 26,686,098 acres; therefore about five and a half million acres have been reclaimed and added to the arable land. As the particulars of his estimate may prove interesting, I append them in a note.

Acres. Value/Acre Rent

Arable Land, 11,000,000 L0 5 10 L3,200,000 Pasture and Meadow, 10,000,000 0 9 0 4,500,000 Woods and Coppices, 3,000,000 0 5 0 750,000 Forests, Parks, and Covers, 3,000,000 0 3 6 550,000 Moors, Mountains, and Barren Lands, 10,000,000 0 1 0 500,000 Houses, Homesteads, Gardens, Orchards,) 1,000,000 (The Land, 450,000 Churches, and Churchyards, ) (The Buildings, 2,000,000 Rivers, Lakes, Meres, and Ponds, 500,000 0 2 0 50,000 Roadways and Waste Lands, 500,000 ---------- ------- ---------- 39,000,000 L0 6 0 L12,000,000

He estimates the live stock thus: Value without the Skin Beeves, Stirks, and Calves, 4,500,000 L2 0 0 L9,000,000 Sheep and Lambs, 11,000,000 0 8 0 4,400,000 Swine and Pigs, 2,000,000 0 16 0 1,600,000 Deer, Fawns, Goats and Kids, 247,900

15,247,900

Horses, 1,200,000 2 0 0 3,000,000 Value of Skins, 2,400,000 ----------- L20,647,900

The annual produce he estimated as follows:

Acres Rent Produce Grain, 10,000,000 L3,000,000 L8,275,000 Hemp, Flax, etc., 1,000,000 200,000 2,000,000 Butter, Cheese, and Milk, ) ( 2,500,000 Wool, ) ( 2,000,000 Horses bred, ) ( 250,000 Flesh Meat, )- 29,000,000 6,800,000 -( 3,500,000 Tallow and Hides, ) ( 600,000 Hay Consumed, ) ( 2,300,000 Timber, ) ( 1,000,000 ---------- ----------- ----------- Total 39,000,000 L10,000,000 L22,275,000]

He places the rent of the corn land at about one third of the produce, and that of pasture land at rather more. The price of meat per lb. was: beef 1 and 1/8d.; mutton, 2 and 1/4d.; pork, 3d.; venison, 6d.; hares, 7d.; rabbits, 6d. The weight of flesh-meat consumed was 398,000,000 lbs., it being 72 lbs. 6 oz. for each person, or 3 and 1/6 oz. daily. I shall have occasion to contrast these figures with those lately published when I come to deal with the present; but a great difference has arisen from the alteration in price, which is owing to the increase in the quantity of the precious metals.

The reign of the last sovereign of this unfortunate race was distinguished by the first measures to inclose the commons and convert them into private property, with which I shall deal hereafter.

The changes effected in the land laws of England during the reigns of the Stuarts, a period of 111 years, were very important. The act of Charles II. which abolished the Court of Ward and Liveries, appeared to be an abandonment of the rights of the people, as asserted in the person of the Crown; and this alteration also seemed to give color of right to the claim which is set up of property in land, but the following law of Edward III. never was repealed: