FREE BOOKS

Author's List




PREV.   NEXT  
|<   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129  
130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   >>   >|  
, and to join in the pursuit and arrest of criminals. 225. Land Legislation, 1285, 1290. Two very important statutes were passed during this reign, respecting the free sale or transfer of land.[1] [1] These laws may be regarded as the foundation of the English system of landed property; they completed the feudal claim to the soil established by William the Conqueror. They are known as the Second Statute of Westminster (De Donis, or Entail, 1285) and the Third Statute of Westminster (Quia Emptores, 1290). See S264 and Summary of Constitutional History in the Appendix, p. xi, S11. The effect of these statutes was to confine the great estates to the hands of their owners and direct descendants, or, when land changed hands, to keep alive the claims of the great lords or the Crown upon it. These laws rendered it difficult for landholders to evade their feudal duties to the King (S150) by the sale or subletting of estates. Hence, while they often built up the strength of the great families, they also operated to increase the power of the Crown at the very time when the growing influence of Parliament and the people was beginning to act as a check upon the royal authority. 226. Legislation respecting the Church; Statute of Mortmain, 1279. A third enactment checked the undue increase of Church property. Through gifts and bequests the clergy had become owners of a very large part of the most fertile soil of the realm. No farms, herds of cattle, or flocks of sheep compared with theirs. These lands were said to be in mortmain, or "dead hands"; since the Church, being a corporation, never let go its hold, but kept its property with the tenacity of a dead man's grasp. The clergy constantly strove to get these Church lands exempted from furnishing soldiers, or paying taxes to the King (S136). Instead of men or money they offered prayers. Practically, the Crown succeeded from time to time in compelling them to do considerably more than this, but seldom without a violent struggle, as in the case of Henry II and Becket (S165). On account of these exemptions it had become the practice with many persons who wished to escape bearing their just share of the support of the King, to give their lands to the Church, and then receive them again as tenants of some abbot or bishop. In this way they evaded their military and pecuniary obligations to the Crown. To put a stop to this practice, and so make all landed propri
PREV.   NEXT  
|<   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129  
130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   >>   >|  



Top keywords:
Church
 

property

 

Statute

 

landed

 

owners

 

feudal

 

increase

 
practice
 

estates

 
Westminster

statutes

 

Legislation

 

respecting

 

clergy

 

soldiers

 
paying
 

furnishing

 
exempted
 

Instead

 

offered


corporation

 
compared
 

mortmain

 

flocks

 

cattle

 

prayers

 

constantly

 
strove
 

tenacity

 

violent


tenants
 

bishop

 
receive
 

support

 

evaded

 

propri

 

military

 

pecuniary

 

obligations

 

bearing


seldom

 

struggle

 

succeeded

 
compelling
 
considerably
 

persons

 
wished
 

escape

 

exemptions

 

Becket