Landholding in England by of Youghal the younger Joseph Fisher
page 78 of 123 (63%)
page 78 of 123 (63%)
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possible to the alienation of landed property, in order to weaken
the overgrown power of his nobles. But as they, from the opposite reasons, were not easily brought to consent to such a provision, it was therefore couched in his act under covert and obscure expressions; and the judges, though willing to construe that statute as favorably as possible for the defeating of entailed estates, yet hesitated at giving fines so extensive a power by mere implication when the statute DE DONIS had expressly declared that they should not be a bar to estates-tail. But the statute of Henry VIII., when the doctrine of alienation was better received, and the will of the prince more implicitly obeyed than before, avowed and established that intention." Fitzherbert, one of the judges of the Common Pleas in the reign of Henry VIII., wrote a work on surveying and husbandry. It contains directions for draining, clearing, and inclosing a farm, and for enriching the soil and reducing it to tillage. Fallowing before wheat was practised, and when a field was exhausted by grain it was allowed to rest. Hollingshed estimated the usual return as 16 to 20 bushels of wheat per acre; prices varied very greatly, and famine was of frequent recurrence. Leases began to be granted, but they were not effectual to protect the tenant from the entry of purchasers nor against the operation of fictitious recoveries. In the succeeding reigns the efforts to encourage tillage and prevent the clearing of the farms were renewed, and among the enactments passed were the following: 5 Edward VI., cap. 5, for the better maintenance of tillage and increase of corn within the realm, enacts: |
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