James Froude - History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. III

Conservative confederacy to check the Reformation.

Displeasure of the country families at the suppression of the abbeys.

Who missed the various conveniences which the abbeys had furnished.

The organic changes introduced by the parliament of 1529 had been the work of the king and the second house in the legislature; and the peers had not only seen measures pass into law which they would gladly have rejected had they dared, but their supremacy was slipping away from them; the Commons, who in times past had confined themselves to voting supplies and passing without inquiry such measures as were sent down to them, had started suddenly into new proportions, and had taken upon themselves to discuss questions sacred hitherto to convocation. The upper house had been treated in disputes which had arisen with significant disrespect; ancient and honoured customs had been discontinued among them against their desire; 80 80 “The Lord Darcy declared unto me that the custom among the Lords before that time had been that matters touching spiritual authority should always be referred unto the convocation house, and not for the parliament house: and that before this last parliament it was accustomed among the Lords, the first matter they always communed of, after the mass of the Holy Ghost, was to affirm and allow the first chapter of Magna Charta touching the rights and liberties of the church; and it was not so now. Also the Lord Darcy did say that in any matter which toucheth the prerogative of the king’s crown, or any matter that touched the prejudice of the same, the custom of the Lords’ house was that they should have, upon their requests, a copy of the bill of the same, to the intent that they might have their council learned to scan the same; or if it were betwixt party and party, if the bill were not prejudicial to the commonwealth. And now they could have no such copy upon their suit, or at the least so readily as they were wont to have in parliament before.” – Examination of Robert Aske in the Tower: Rolls House MS. , A 2, 29, p. 197. and, constitutionally averse to change, they were hurried powerless along by a force which was bearing them they knew not where. Hating heretics with true English conservatism, they found men who but a few years before would have been in the dungeons of Lollards’ Tower, now high in court favour, high in office, and with seats in their own body. They had learnt to endure the presence of self-raised men when as ecclesiastics such men represented the respectable dignity of the Church; but the proud English nobles had now for the first time to tolerate the society and submit to the dictation of a lay peer who had been a tradesman’s orphan and a homeless vagabond. The Reformation in their minds was associated with the exaltation of base blood, the levelling of ranks, the breaking down the old rule and order of the land. Eager to check so dangerous a movement, they had listened, some of them, to the revelations of the Nun. Fifteen great men and lords, Lord Darcy stated, had confederated secretly to force the government to change their policy; 81 81 “The said Aske saith he well remembereth that the Lord Darcy told him that there were divers great men and lords which before the time of the insurrection had promised to do their best to suppress heresies and the authors and maintainers of them, and he saith they were in number fifteen persons.” — Rolls House Miscellaneous MSS. , first series, 414. and Darcy himself had been in communication for the same purpose with the Spanish ambassador, and was of course made aware of the intended invasion in the preceding winter. 82 82 Richard Coren to Cromwell: State Papers , Vol. I. p. 558. The discontent extended to the county families, who shared or imitated the prejudices of their feudal leaders; and these families had again their peculiar grievances. On the suppression of the abbeys the peers obtained grants, or expected to obtain them, from the forfeited estates. The country gentlemen saw only the desecration of the familiar scenes of their daily life, the violation of the tombs of their ancestors, and the buildings themselves, the beauty of which was the admiration of foreigners who visited England, reduced to ruins. 83 83 “The abbeys were one of the beauties of the realm to all strangers passing through.” – Examination of Aske: Rolls House MS. , A 2, 29. The abbots had been their personal friends, “the trustees for their children and the executors of their wills;” 84 84 Examination of Aske; MS. ibid. I am glad to have discovered this most considerable evidence in favour of some at least of the superiors of the religious houses. the monks had been the teachers of their children; the free tables and free lodgings in these houses had made them attractive and convenient places of resort in distant journeys; and in remote districts the trade of the neighbourhood, from the wholesale purchases of the corn-dealer to the huckstering of the wandering pedlar, had been mainly carried on within their walls. 85 85 “Strangers and buyers of corn were also greatly refreshed, horse and man, at the abbeys; and merchandize was well carried on through their help.” – Examination of Aske: Rolls House MS. , A 2, 29.

The Statute of Uses another grievance.

Difficulty of providing for younger children under the old common law.

The objects and the evils of the system of Uses.

“The Statute of Uses,” again, an important but insufficient measure of reform, passed in the last session of parliament but one, 86 86 27 Henry VIII. cap. 10. had created not unreasonable irritation. Previous to the modification of the feudal law in the year 1540, land was not subject to testamentary disposition and it had been usual to evade the prohibition of direct bequest, in making provision for younger children, by leaving estates in “use,” charged with payments so considerable as to amount virtually to a transfer of the property. The injustice of the common law was in this way remedied, but remedied so awkwardly as to embarrass and complicate the titles of estates beyond extrication. A “use” might be erected on a “use”; it might be extended to the descendants of those in whose behalf it first was made; it might be mortgaged, or transferred as a security to raise money. The apparent owner of a property might effect a sale, and the buyer find his purchase so encumbered as to be useless to him. The intricacies of tenure thus often passed the skill of judges to unravel; 87 87 Among the unarranged MSS. in the State Paper Office is a long and most elaborate explanation of the evils which had been created by the system of uses. It is a paper which ought to find its place in the history of English landed tenure; and when the arrangement of these MSS. now in progress is completed, it will be accessible to any inquirer. while, again, the lords of the fiefs were unable to claim their fines or fees or liveries, and the crown, in cases of treason, could not enforce its forfeitures. The Statute of Uses terminated the immediate difficulty by creating, like the recent Irish Encumbered Estates Act, parliamentary titles. All persons entitled to the use of lands were declared to be to all intents and purposes the lawful possessors, as much as if such lands had been made over to them by formal grant or conveyance. They became actual owners, with all the rights and all the liabilities of their special tenures. The embarrassed titles were in this way simplified; but now, the common law remaining as yet unchanged, the original evil returned in full force. Since a trust was equivalent to a conveyance, and land could not be bequeathed by will, the system of trusts was virtually terminated. Charges could not be created upon estates, and the landowners complained that they could no longer raise money if they wanted it; their estates must go wholly to the eldest sons; and, unless they were allowed to divide their properties by will, their younger children would be left portionless. 88 88 “Masters, there is a statute made whereby all persons be restrained to make their will upon their lands; for now the eldest son must have all his father’s lands; and no person, to the payment of his debts, neither to the advancement of his daughters’ marriages, can do nothing with their lands, nor cannot give to his youngest son any lands.” – Speech of Mr. Sheriff Dymock, at Horncastle: Rolls House MS. A 2. 29. “They want the Statute of Uses qualified, that a man be allowed to bequeath part of his lands by will. It will invade the old accustomed law in many things.” – Examination of Aske: MS. ibid. “Divers things should be reformed, and especially the Act of Uses. Younger brothers would none of that in no wise.” – Earl of Oxford to Cromwell: Miscellaneous MSS. State Paper Office, second series, Vol. I.