VII. THE STUARTS.

The accession of the Stuarts to the throne of England took place under

peculiar circumstances. The nation had just passed through two very

serious struggles--one political, the other religious. The land which

had been in the possession of religious communities, instead of being

retained by the state for educational or religious purposes, had been

given to favorites. A new class of ownership had been created--the lay

impropriators of tithes. The suppression of retainers converted land

into a quasi property. The extension to land of the powers of bequest

gave the possessors greater facilities for disposing thereof. It

was relieved from the principal feudal burden, military service, but

remained essentially feudal as far as tenure was concerned. Men were no

longer furnished to the state as payment of the knight's fee; they were

cleared off the land, to make room for sheep and oxen, England being

in that respect about two hundred years in advance of Ireland, though

without the outlet of emigration. Vagrancy and its attendant evils led

to the Poor Law.

James I. and his ministers tried to grapple with the altered

circumstances, and strove to substitute and equitable Crown rent or

money payment for the existing and variable claims which were collected

by the Court of Ward and Livery. The knight's fee then consisted of

twelve plough-lands, a more modern name for "a hide of land." The class

burdened with knight's service, or payments in lieu thereof, comprised

160 temporal and 26 spiritual lords, 800 barons, 600 knights, and 3000

esquires. The knight's fee was subject to aids, which were paid to the

Crown upon the marriage of the king's son or daughter. Upon the death

of the possessor, the Crown received primer-seizen a year's rent. If the

successor was an infant, the Crown under the name of Wardship, took the

rents of the estates. If the ward was a female, a fine was levied if she

did not accept the husband chosen by the Crown. Fines on alienation

were also levied, and the estates, though sold, became escheated, and

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, reserving rents to the Crown

and also fines on alienation. It enables fathers to dispose of their

children's share during their minority, and gives the custody of the

personal estate to the guardians of such child, and imposes in lieu of

the revenues raised in the Court of Ward and Liveries, duties upon beer

and ale."

The land was relieved of its legitimate charge, and a tax on beer and

ale imposed instead! the landlords were relieved at the expense of

the people. The statute which accomplished this change is described by

Blackstone as

"A greater acquisition to the civil property of this kingdom than even

Magna Charta itself, since that only pruned the luxuriances that had

grown out of military tenures, and thereby preserved them in vigor; but

the statute of King Charles extirpated the whole, and demolished both

root and branches."

The efforts of James II. to rule contrary to the wish of the nation,

led to his expulsion from the throne, and showed that, in case of future

disputes as to the succession, the army, like the Praetorian Guards of

Rome, had the election of the monarch. The Red and White Roses of the

Plantagenets reappeared under the altered names of Whig and Tory; but

it was proved that the decision of a leading soldier like the Duke of

Marlborough would decide the army, and that it would govern the nation;

fortunately the decision was a wise one, and was ratified by Parliament:

thus FORCE governed LAW, and the decision of the ARMY influenced the

SENATE. William III. succeeded, AS AN ELECTED MONARCH, under the Bill

of Rights. This remarkable document contains no provision, securing the

tenants-in-fee in their estates; and I have not met with any treatise

dealing with the legal effects of the eviction of James II. All patents

were covenants between the king and his heirs, and the patentees and

their heirs. The expulsion of the sovereign virtually destroyed the

title; and an elected king, who did not succeed as heir, was not bound

by the patents of his predecessors, nor was William asked, by the Bill

of Rights, to recognize any of the existing titles. This anomalous state

of things was met in degree by the statute of prescriptions, but even

this did not entirely cure the defect in the titles to the principal

estates in the Kingdom. The English tenants in decapitating one landlord

and expelling another, appear to have destroyed their titles, and then

endeavored to renew them by prescriptive right; but I shall not pursue

this topic further, though it may have a very definite bearing upon the

question of landholding.

It may not be uninteresting to allude rather briefly to the state of

England at the close of the seventeenth century. Geoffrey King, who

wrote in 1696, gives the first reliable statistics about the state of

the country. He estimated the number of houses at 1,300,000, and the

average at four to each house, making the population 5,318,000. He says

there was but seven acres of land for each person, but that England was

six times better peopled than the known world, and twice better than

Europe. He calculated the total income at L43,500,000, of which the

yearly rent of land was L10,000,000. The income was equal to L7, 18s.

0d. per head, and the expense L7, 11s. 4d.; the yearly increase, 6s. 8d.

per head, or L1,800,000 per annum. He estimated the annual income of 160

temporal peers at L2800 per annum, 26 spiritual peers at L1300, of 800

baronets at L800, and of 600 knights at L650.

He estimated the area at 39,000,000 acres (recent surveys make it

37,319,221). He estimated the arable land at 11,000,000 acres, and

pasture and meadow at 10,000,000, a total of 21,000,000. The area under

all kinds of crops and permanent pasture was, in 1874, 26,686,098 acres;

therefore about five and a half million acres have been reclaimed and

added to the arable land. As the particulars of his estimate may prove

interesting, I append them in a note.

[Footnote--Geoffrey King thus classifies the land of England and

Wales:

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