The Emancipation of Massachusetts by Brooks Adams
page 110 of 432 (25%)
page 110 of 432 (25%)
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business, could no longer be made to pay. The importance of a feudal noble
lay in the body of retainers who followed his banner, and therefore the feudal tendency always was to overcharge the estate with military expenditure. Hence, to protect themselves from creditors, the landlords passed the Statute _De Donis_ [Footnote: 13 Edw. I, c. I (A.D. 1284).] which made entails inalienable. Toward the end of the Wars of the Roses, however, the pressure for money, which could only be raised by pledging their land, became too strong for the feudal aristocracy. Edward IV, who was a very able man, perceived, pretty early in his reign, that his class could not maintain themselves unless their land were put upon a commercial basis. Therefore he encouraged the judges, in the collusive litigation known to us as Taltarum's Case, decided in 1472, to set aside the Statute _De Donis_, by the fiction of the Common Recovery. The concession, even so, came too late. The combination against them had grown too strong for the soldiers to resist. Other classes evolved by competition wanted their property, and these made Henry Tudor king of England to seize it for them. Henry's work was simple enough. After Bosworth, with a competent police force at hand to execute process, he had only to organize a political court, and to ruin by confiscatory fines all the families strong enough, or rash enough, to maintain garrisoned houses. So Henry remodelled the Star Chamber, in 1486, [Footnote: 3 Henry 7, C 1.] to deal with the martial gentry, and before long a new type of intelligence possessed the kingdom. The feudal soldiers being disposed of, it remained to evict the monks, who were thus left without their natural defenders. No matter of faith was involved. Henry VIII boasted that in doctrine he was as orthodox as the pope. There was, however, an enormous monastic landed property to be |
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