[The History of England in Three Volumes, Vol.I., Part C. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part C. CHAPTER XXX 49/70
It was become a custom for men to make such settlements, or trust deeds, of their lands by will, that they defrauded not only the king, but all other lords, of their wards, marriages, and reliefs; and by the same artifice the king was deprived of his premier seizin, and the profits of the livery, which were no inconsiderable branches of his revenue.
Henry made a bill be drawn to moderate, not remedy altogether, this abuse; he was contented, that every man should have the liberty of disposing in this manner of the half of his land; and he told the parliament in plain terms, "if they would not take a reasonable thing when it was offered, he would search out the extremity of the law; and then would not offer them so much again." The lords came willingly into his terms; but the commons rejected the bill; a singular instance, where Henry might see that his power and authority, though extensive, had yet some boundaries.
The commons, however, found reason to repent of their victory.
The king made good his threats: he called together the judges and ablest lawyers, who argued the question in chancery; and it was decided that a man could not by law bequeath any part of his lands in prejudice of his heir.[*] * Burnet, vol.i.
p.116.Hall.Parl.
<<Back Index Next>> D-Link book Top TWC mobile books
|