[The History of England in Three Volumes, Vol.I., Part B. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part B. CHAPTER XIII 133/138
The violent plunder and banishment of the Jews; the putting of the whole clergy at once, and by an arbitrary edict, out of the protection of law; the seizing of all the wool and leather of the kingdom; the heightening of the impositions on the former valuable commodity; the new and illegal commission of Trailbaston; the taking of all the money and plate of monasteries and churches, even before he had any quarrel with the clergy; the subjecting of every man possessed of twenty pounds a year to military service, though by the statute of Northampton, passed in the second of Edward III.; but it still continued, like many other abuses. There are instances of it so late as the reign of Queen Elizabeth. The chief obstacle to the execution of justice in those times was the power of the great barons; and Edward was perfectly qualified, by his character and abilities, for keeping these tyrants in awe, and restraining their illegal practices.
This salutary purpose was accordingly the great object of his attention; yet was he imprudently led into a measure which tended to increase and confirm their dangerous authority.
He passed a statute which, by allowing them to entail their estates, made it impracticable to diminish the property of the great families, and left them every means of increase and acquisition.[*] * Brady of Boroughs, p.
25, from the records Edward observed a contrary policy with regard to the church: he seems to have been the first Christian prince that passed a statute of mortmain; and prevented by law the clergy from making new acquisitions of lands, which by the ecclesiastical canons they were forever prohibited from alienating.
The opposition between his maxims with regard to the nobility and to the ecclesiastics, leads us to conjecture, that it was only by chance he passed the beneficial statute of mortmain, and that his sole object was to maintain the number of knights' fees, and to prevent the superiors from being defrauded of the profits of wardship, marriage, livery, and other emoluments arising from the feudal tenures. This is indeed, the reason assigned in the statute itself, and appears to have been his real object in enacting it.
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