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dom proceeded as in a profound peace. But the aristocracy suffered dreadfully: many noble families became extinct, and none altogether avoided the consequences incident to such a struggle, while new men necessarily rose on their ruins or misfortunes. The practice of the contending parties, particularly of Edward IV. till his victory over Warwick at Barnet, where there was an indiscriminate slaughter, was to call out to spare the soldiers, but to slay the nobles and gentryand few of them escaped *. The safety of each party, as it prevailed, demanded rigorous measures for the depression of its adversaries' power; and the vanquished would, to remove suspicion, rather plunge into expense than cultivate the means of recruiting their strength. Henry VII. owed his elevation to the smaller faction; and the York party, who were hostile to his advancement, being by far the most numerous, were eager to dethrone him, in order to recover the influence and property of which his rise had deprived them. His followers, on the other hand, whom the exaltation of their chief had restored to their properties, or whose sufferings and devotion to the house of Lancaster it had recompensed out of forfeitures from their enemies-had one common in

See also 1. v.

* Commines, a co-temporary, l. iii. c. 4, 5, 6, 7. c. 18. Edit. 1634, a Rouen, p. 471. Stow, in detailing the battle of Northampton, 38, H. 6, says, "The tenth day of July, at two of the clocke, afternoone, the Earles of Marche and Warwecke let cry, thorow the field, that no man should lay hand upon the king, ne on the common people, but on the lords, knights, and esquires." P.409.

terest with their leader: While, in consequence of the repeated insurrections, he could confirm their fidelity by fresh grants from new forfeitures. Henry was too politic a prince to act without the intervention of the legislature; but the posture of affairs enabled him to procure parliaments composed of his adherents, who were consequently ready to promote his views, as they accorded with their own. In the first flush of success, when their enemies were dejected, the Lancastrian faction were not likely to be greatly opposed in elections for parliament; and Henry exerted the influence of the Crown in favour of his own partiZans *. From the attainders and deaths of the temporal peers, their number was diminished, and those attached to the York party would be intimidated from opposition, while the successful faction knew it to be their interest to improve their advantage. The spiritual peers, at that time, formed a large proportion of the upper House, and were inclined to support the government, in order to obtain the favour of the monarch, who even employed them chiefly in secular affairs, and con

Grafton, speaking of the second Parliament summoned by Henry, says" He therefore summoned againe hys great court of parliament, whereto he woulde that there shoulde bee elected the most prudent and grauous persons of euery countie, citie, port, and borough; and in especiall such as he in al his daungers, calamities, miseries, and tumulteous affaires, used, trusted, and fauoured, as partakers, councelers, and companions, both of his wo and aduersitie, and also of his triumph and glorious victory, whose mindes and studies he perfitly knewe to bee fixed and set in the politique regiment and prudent gouernaunce of the publique welth of his realme and dominion." P. 857.

nived at clerical usurpation *. The ineffectual attempts of the Yorkists to dethrone Henry, taught his adherents the necessity of strengthening the royal power, for the common benefit of the party, and of seizing the critical moment for weakening the aristocracy, from whom they principally apprehended danger.

The king and the parliament having thus the same interest, calculated their measures for depressing the aristocracy as the grand objects of fear. The old laws against armed retainers were strengthened by additional enactments; and as it was by the number of their retainers that the Yorkists could hope to regain the ascendancy, the provisions of the legislature were rigorously enforced. But the ordinary courts were unable to carry the laws into effect against powerful families, who either influenced or overawed juriesamongst whom, at this time, from the preponderance of the Yorkists in number, they must have had unusual favour-and not unfrequently intimidated the judges themselves. The very being of the triumphant party, however, required the execution of the statutes against armed retainers; and therefore a new court-that of the Star Chamber-was created †, for the trial of offences against those statutes-according to an arbitrary course, alien to the equitable jurisprudence of England.

* See Bacon's Hist. in regard to Henry's employment of Churchmen. P. 582 of White Ken. Col. Vol. I. This Monarch first instituted yeomen of the guard. Halle, fol. III.

+ In the next Chapter I trust this point will be found proved.

During this reign, its powers were limited; but they were greatly extended in the next; yet, as that court reached potent families, who, from their influence over juries, were above the controul or ordinary jurisdiction, it does not appear to have been displeasing to the people. But it exceedingly invigorated the prerogative; and from its services in that respect, its powers were arbitrarily enlarged, after the pretext for such an irregular institution had ceased, till it threatened to absorb all other jurisdiction, and was abolished as a nuisance intolerable to every rank.

During the reign of Edward I., the aristocracy, then very powerful, had, in order to preserve the greatness of their families, procured a statute, commonly called De Donis, to authorize entails; and, though the people complained of its impolicy, the nobility would not consent to its repeal. The clergy, whose ambition of acquiring lands stimulated them to many ingenious arts, or finesses, for defeating the laws, had devised one, called a common recovery, for evading this; and courts of law had, so early as the reign of Edward III., thrown out hints of its validity. But it was only in the time of Edward IV. that what is denominated a common recovery was decided to be a legal conveyance which removed an entail; and it must be confessed that the season was most fit for such a judgment. Edward was no less anxious to punish his adversaries, than to reward his hungry followers; and it is unnecessary to add, that his partisans participated in his

feelings; but, as the law of entail often saved estates from forfeiture, his judges removed the obstacle, by deciding that a common recovery was a valid conveyance-a decision which, while it promoted the views of their master and his faction, gratified the people, especially the active and intelligent, who had industriously accumulated the means of purchase, and was doubtless not displeasing to many old families themselves, who laboured under a load of debt, and were debarred from sales. This decision, by defeating the statute de donis, virtually repealed it; and the legislature, in the reign of Henry VII., which was as much under the dominion of feelings favourable to such policy as the partisans of Edward had been, though it did not abrogate the statute, indirectly authorised the finesse which rendered it nugatory. The device became a common conveyance; and, that there might be no pretext for impugning it, received, indirectly, additional confirmation by Parliament, both in the next reign, and in that of Elizabeth*. The law in regard to fines upon alienation, was not only hostile to transferences of land, but had been productive of great insecurity to purchasers, and a statute was devised as a remedy for the evilt; but it is alleged that Henry had farther a covert intention of defeating entails, by fines; and such a construction was put upon the sta tute by 32 Henry VIII. c. 36. " which," to use

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