Landholding in England by of Youghal the younger Joseph Fisher
page 93 of 123 (75%)
page 93 of 123 (75%)
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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, |
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