The History of England eBook

Thomas Frederick Tout
This eBook from the Gutenberg Project consists of approximately 713 pages of information about The History of England.

The History of England eBook

Thomas Frederick Tout
This eBook from the Gutenberg Project consists of approximately 713 pages of information about The History of England.
an estate by its previous tenant.  Thus arose those estates for life, which in later ages became a special feature of the English land system, and which, by restricting the control of the actual possessor of a property over his land, did much to perpetuate the worst features of medieval land-holding.  It is a modern error to regard the legitimation of estates in tail as a triumph of reactionary feudalism over the will of Edward.  Apart from the fact that there is not a tittle of contemporary evidence to justify such a view, it is manifest that the interest of the king was in this case exactly the same as that of each individual lord of a manor.  The greater prospect of reversion to the donor, and the other features of the system of entails, which commended them to the petty baron, were still more attractive to the king, the greatest proprietor as well as the ultimate landlord of all the realm.  Other articles of the Westminster statute were only less important than the clause De donis, notable among them being the institution of justices of nisi prius, appointed to travel through the shires three times a year to hear civil causes.  This was part of the simplification and concentration of judicial machinery, whereby Edward made tolerable the circuit system which under Henry III. had been a prolific source of grievances.

While in the statute of Westminster Edward prepared for the future, the companion statute of Winchester, the work of the autumn parliament, revived the jurisdiction of the local courts; reformed the ancient system of watch and ward, and brought the ancient system of popular courts into harmony with the jurisdiction emanating from the crown, which had gone so far towards superseding it.  This measure marks the culmination of Edward’s activity as a lawgiver.  During the five next years there were no more important statutes.

CHAPTER VIII.

THE CONQUEST OF NORTH WALES.

The treaty of Shrewsbury of 1267 had not brought enduring peace to Wales and the march.  The pacification was in essentials a simple recognition of accomplished facts, but, so far as it involved promises of restitution and future good behaviour, its provisions were barely carried out, even in the scanty measure in which any medieval treaty was executed.  Moreover, the treaty by no means covered the whole ground of variance between the English and the Welsh. like the treaty of Paris of 1259, it was as much the starting-point of new difficulties as the solution of old ones.  Many troublesome questions of detail had been postponed for later settlement, and no serious effort was made to grapple with them.  Even during the life of the old king, there had been war in the south between the Earl of Gloucester and Llewelyn.  However, the Welsh prince paid, with fair regularity, the instalments of the indemnity to which he had been bound, and there was no disposition on the part of the English authorities to question

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The History of England from Project Gutenberg. Public domain.