Page:Landholding in England.djvu/114

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LANDHOLDING IN ENGLAND

Primer seizin—or "first possession"—was only incident to the King's tenants in capite, and not to those who held of inferior lords. It was the right of the King to one whole year's profit of the lands of an heir, if of full age, and in immediate possession, or half-a-year's if the lands were in reversion. "Wardship" was the right to the custody of the heir, till the age of twenty-one for males, and sixteen for females. A girl was supposed capable of marriage at fourteen, and then her husband might perform the service. But if she were under fourteen, "and the lord once had her in ward," he could keep her till she was sixteen, by the First Statute of Westminster, "the two additional years being given for no other reason, but merely to benefit the lord." It was said that the original pretext for "premier seizin" was that the superior might prevent intruders taking possession; and in unsettled times an orphan girl needed a guardian. But both customs had degenerated into mere abuses, wardship perhaps most of all.

Petitions often throw much light on the inner history of a period. On the very eve of the Civil War, we and several such illuminating petitions, which show us how the process of what may be called stealthy enclosure was carried on. A petition of Leonard Triefe, gentleman, and others of the tenants of "Lanceston Land," in Cornwall, sets forth that in 1626 the King (Charles), intending to sell, caused proclamation to be made of the sale, to give the tenants the opportunity of buying their holdings; "but Mr Paul Speccott, bearing ill-will to some of the tenants, and seeking his own advantage by underhand ways," prevented the tenants from obtaining a copy of the proclamation, … and having bought the land himself, has distrained for rent, and threatens to turn out many of the tenants, who will have no means of livelihood, if they are not allowed to renew their leases … upon reasonable terms" (Historical Manuscripts Commission, vi. p. 68).

Again, there is a petition to the Lords of William, Earl of Bedford, and Jerome, Earl of Portland, lords of the manors of Whittlesea in the Isle of Ely. The earls say they have for years been in possession of certain marsh grounds by virtue of an agreement with the tenants, since which time most of the tenants have sold their proportions to petitioners, who have laid out large sums on