Landholding in England

by F.R.H.S. Joseph Fisher

The 39th Elizabeth, cap. 2, was passed to enforce the observance of these conditions. It provides:

"That all lands which had been in tillage shall be restored thereto within three years, except in cases where they were worn out by too much tillage, in which case they might be grazed with sheep; but in order to prevent the deterioriation of the land, it was enacted that the quantity of beeves or muttons sold off the land should not exceed that which was consumed in the mansion-house."

In these various enactments of the Tudor monarchs we may trace the anxious desire of these sovereigns to repair the mistake of Henry VII., and to prevent the depopulation of England. A similar mistake has been made in Ireland since 1846, under which the homes of the peasantry have been prostrated, the land thrown out of tillage, and the people driven from their native land. Mr. Froude has the following remarks upon this legislation:

"Statesmen (temp. Elizabeth) did not care for the accumulation of capital. They desired to see the physical well-being of all classes of the commonwealth maintained in the highest degree which the producing power of the country admitted. This was their object, and they were supported in it by a powerful and efficient majority of the nation. At one time Parliament interfered to protect employers against laborers, but it was equally determined that employers should not be allowed to abuse their opportunities; and this directly appears from the 4th and 5th Elizabeth, by which, on the most trifling appearance of a diminution of the currency, it was declared that the laboring man could no longer live on the wages assigned to him by the Act of Henry VIII.; and a sliding scale was instituted, by which, for the future, wages should be adjusted to the price of food. The same conclusion may be gathered also indirectly fom the acts interfering imperiously with the rights of property where a disposition showed itself to exercise them selfishly.

"The city merchants, as I have said, were becoming landowners, and some of them attempted to apply their rules of trade to the management of landed estates. While wages were rated so high, it answered better as a speculation to convert arable land into pasture, but the law immediately stepped in to prevent a proceeding which it regarded as petty treason to the state. Self-protection is the first law of life, and the country, relying for its defence on an able-bodied population, evenly distributed, ready at any moment to be called into action, either against foreign invasion or civil disturbance, it could not permit the owners of land to pursue, for their own benefit, a course of action which threatened to weaken its garrisons. It is not often that we are able to test the wisdom of legislation by specific results so clearly as in the present instance. The first attempts of the kind which I have described were made in the Isle of Wight early in the reign of Henry VII. Lying so directly exposed to attacks by France, the Isle of Wight was a place which it was peculiarly important to keep in a state of defence, and the 4th Henry VII., cap. 16, was passed to prevent the depopulation of the Isle of Wight, occasioned by the system of large farms."

The city merchants alluded to by Froude seem to have remembered that from the times of Athelwolf, the possession of a certain quantity of land, with gatehouse, church, and kitchen, converted the ceorl (churl) into a thane.

It is difficult to estimate the effect which the Tudor policy had upon the landholding of England. Under the feudal system, the land was held in trust and burdened with the support of the soldiery. Henry VII., in order to weaken the power of the nobles, put an end to their maintaining independent soldiery. Thus landlords' incomes increased, though their material power was curtailed. It would not have been difficult at this time to have loaded these properties with annual payments equal to the cost of the soldiers which they were bound to maintain, or to have given each of them a farm under the Crown, and strict justice would have prevented the landowners from putting into their pockets those revenues which, according to the grants and patents of the Conqueror and his successors, were specially devoted to the maintenance of the army. Land was released from the conditions with which it was burdened when granted. This was not done by direct legislation but by its being the policy of the Crown to prevent "king-makers" arising from among the nobility. The dread of Warwick influenced Henry. He inaugurated a policy which transferred the support of the army from the lands, which should solely have borne it, to the general revenue of the country. Thus he relieved one class at the expense of the nation. Yet, when Henry was about to wage war on the Continent, he called all his subjects to accompany him, under pain of forfeiture of their lands; and he did not omit levying the accustomed feudal charge for knighting his eldest son and for marrying his eldest daughter. The acts to prevent the landholder from oppressing the occupier, and those for the encouragement of tillage, failed. The new idea of property in land, which then obtained, proved too powerful to be altered by legislation.

Another change in the system of landholding took place in those reigns. Lord Cromwell, who succeeded Cardinal Wolsey as minister to Henry VIII., had land in Kent, and he obtained the passing of an act (31 Henry VIII., cap. 2) which took his land and that of other owners therein named, out of the custom of gavelkind (gave-all-kind), which had existed in Kent from before the Norman Conquest, and enacted that they should descend according to common law in like manner as lands held by knight's service.

The suppression of the RELIGIOUS HOUSES gave the Crown the control of a vast quantity of land. It had, with the consent of the Crown, been devoted to religion by former owners. The descendants of the donors were equitably entitled to the land, as it ceased to be applied to the trust for which it was given, but the power of the Crown was too great, and their claims were refused. Had these estates been applied to purposes of religion or education they would have formed a valuable fund for the improvement of the people; but the land itself, as well as the portion of tithes belonging to the religious houses, was conferred upon favorites, and some of the wealthiest nobles of the present day trace their rise and importance to the rewards obtained by their ancestors out of the spoils of these charities.

The importance of the measures of the Tudors upon the system of land-holding can hardly be exaggerated. An impulse of self-defence led them to lessen the physical force of the oligarchy by relieving the land from the support of the army, and enabling them to convert to their own use the income previously applied to the defence of the realm. This was a bribe, but it brought its own punishment. The eviction of the working farmers, the demolition of their dwellings, the depopulation of the country, were evils of most serious magnitude; and the supplement of the measures which produced such deplorable results was found in the permanent establishment of a taxation for the SUPPORT of the POOR. Yet the nation reeled under the depletion produced by previous mistaken legislation, and all classes have been injured by the transfer of the support of the army from the land held by the nobles to the income of the people.