Landholding in England Part 5

"The duke's men took possession, and set John Paston's own tenants to work, very much against their wills, to destroy the mansion and break down the walls of the lodge, while they themselves ransacked the church, turned out the parson, and spoiled the images. They also pillaged very completely every house in the village. As for John Paston's own place, they stripped it completely bare; and whatever there was of lead, bra.s.s, pewter, iron, doors or gates, or other things that they could not conveniently carry off, they hacked and hewed them to pieces. The duke rode through h.e.l.lesdon to Drayton the following day, while his men were still busy completing the wreck of destruction by the demolition of the lodge. The wreck of the building, with the rents they made in its walls, is visible even now" (Introd. x.x.xv.).

The meaning of all this is evident. We have before us a state of society in which the anarchical element is predominant. But it is not pure anarchy. The n.o.bles were determined to reduce the middle cla.s.ses to va.s.salage.

The reign of the Plantagenets witnessed the elevation of the n.o.bility.

The descendants of the Norman barons menaced, and sometimes proved too powerful for the Crown. In such reigns as those of Edward I., Edward III., and Henry VI., the barons triumphed. The power wielded by the first Edward fell from the feeble grasp of his son and successor. The beneficent rule of Edward III. was followed by the anarchy of Richard II. Success led to excess. The triumphant party thinned the ranks of its opponents, and in turn experienced the same fate. The fierce struggle of the Red and White Roses weakened each. Guy, Earl of Warwick, "the king-maker," sank overpowered on the field of Tewkesbury, and with him perished many of the most powerful of the n.o.bles. The jealousy of Richard III. swept away his own friends, and the b.l.o.o.d.y contest on Bosworth field destroyed the flower of the n.o.bility. The sun of the Plantagenets went down, leaving the country weak and impoverished, from a contest in which the barons sought to establish their own power, to the detriment alike of the Crown and the FREEMEN. The latter might have exclaimed:

"Till half a patriot, half a coward, grown, We fly from meaner tyrants to the throne."

The long contest terminated in the defeat alike of the Crown and the n.o.bles, but the nation suffered severely from the struggle.

The rule of this family proved fatal to the interest of a most important cla.s.s, whose rights were jealously guarded by the Normans. The Liberi Homines, the FREEMEN, who were Odhal occupiers, holding in capite from the sovereign, nearly disappeared in the Wars of the Roses. Monarchs who owed their crown to the favor of the n.o.bles were too weak to uphold the rights of those who held directly from the Crown, and who, in their isolation, were almost powerless.

The term FREEMAN, originally one of the n.o.blest in the land, disappeared in relation to urban tenures, and was applied solely to the personal rights of civic burghers; instead thereof arose the term FREEHOLDER from FREE HOLD, which was originally a grant free from all rent, and only burdened with military service. The term was subsequently applied to land held for leases for lives as contradistinguished from leases for years, the latter being deemed base tenures, and insufficient to qualify a man to vote; the theory being that no man was free whose tenure could be disturbed during his life. Though the Liberi Homines or FREEMEN were, as a cla.s.s, overborne in this struggle, and reduced to va.s.salage, yet their descendants were able, under the leaders.h.i.+p of Cromwell, to regain some of the rights and influence of which they had been despoiled under the Plantagenets.

Fortescue, Lord Chief-Justice to Henry VI., thus describes the condition of the English people:

"They drunk no water, unless it be that some for devotion, and upon a rule of penance, do abstain from other drink. They eat plentifully of all kinds of flesh and fish. They wear woollen cloth in all their apparel. They have abundance of bed covering in their houses, and all other woollen stuff. They have great store of all implements of household. They are plentifully furnished with all instruments of husbandry, and all other things that are requisite to the accomplishment of a great and wealthy life, according to their estates and degrees."

This flattering picture is not supported by the existing disaffection and the repeated applications for redress from the serfs and the smaller farmers, and the simple fact that the population had increased under the Normans--a period of 88 years--from 2,150,000 to 3,350,000, while under the Plantagenets--a period of 300 years--it only increased to 4,000,000, the addition to the population in that period being only 650,000. The average increase in the former period was nearly 14,000 per annum, while in the latter it did not much exceed 2000 per annum. This goes far to prove the evil from civil wars, and the oppression of the oligarchy.

VI. THE TUDORS

The protracted struggle of the Plantagenets left the nation in a state of exhaustion. The n.o.bles had absorbed the lands of the FREEMEN, and had thus broken the backbone of society. They had then entered upon a contest with the Crown to increase their own power; and to effect their selfish objects, setup puppets, and ranged under conflicting banners, but the Nemesis followed. The Wars of the Roses destroyed their own power, and weakened their influence, by sweeping away the heads of the princ.i.p.al families. The ambition of the n.o.bles failed of its object, when "the last of the barons" lay gory in his blood on the field of Tewkesbury. The wars were, however, productive of one national benefit, in virtually ending the state of serfdom to which the aborigines were reduced by the Scandinavian invasion. The exhaustion of the nation prepared the way to changes of a most radical character, and the reigns of the Tudors are characterized by greater innovations and more striking alterations than even those which followed the accession of the Normans.

Henry of Richmond came out of the field of Bostworth a vistor, and ascended the throne of a nation whose leading n.o.bles had been swept away. The sword had vied with the axe. Henry VII. was prudent and cunning; and in the absence of any preponderating oligarchical influence, planted the heel of the sovereign upon the necks of the n.o.bles. He succeeded where the Plantagenets had failed. His accession became the advent of a series of measures which altered most materially the system of landholding. The Wars of the Roses showed that the power of the n.o.bles was too great for the comfort of the monarch. The decision in Taltarum's case, in the reign of Edward IV., affected the entire system of entail. Land, partly freed from restrictions, pa.s.sed into other hands. But Henry went further. He destroyed their physical influence by ridigly putting down retainer; and in one of his tours, while partaking of the hospitality of the Earl of Oxford, he fined him L15,000 for having greeted him with 5000 of his tenants in livery. The rigid enforcement of the laws pa.s.sed against retainers in former reigns, but now made more penal, strengthened the king and reduced the power of the n.o.bles. Their estates were relieved of a most onerous charge, and the lands freed from the burden of supporting the army of the state.

Henry VII. had thus a large fund to give away; the rent of the land granted in knights' service virtually consisted of two separate funds--one part went to the feudee, as officer or commmandant, the other to the soldiery or va.s.sals. The latter part belonged to the state. Had Henry applied it to the reestablishment of the cla.s.s of FREEMEN (LIBERI HOMINES), as was recently done by the Emperor of Russia when he abolished serfdom, he would have created a power on which the Crown and the const.i.tution could rely. This might have been done by converting the holdings of the men-at-arms into allodial estates, held direct from the Crown. Such an arrangement would have left the income of the feudee unimpaired, as it would only have applied the fund that had been paid to the men-at-arms to this purpose; and by creating out of that land a number of small estates held direct from the Crown, the misery that arose from the eviction and destruction of a most meritorious cla.s.s, would have been avoided. Vagrancy, with its great evils, would have been prevented, and the pa.s.sing of the Poor laws would have been unnecessary.

Unfortunately Henry and his counsellors did not appreciate the consequence of the suppression of retainers and liveries. By the course he adopted to secure the influence of the Crown, he compensated the n.o.bles, but destroyed the agricultural middle cla.s.s.

This change had an important and, in some respects, a most injurious effect upon the condition of the nation, and led to enactments of a very extraordinary character, which I must submit in detail, inasmuch as I prefer giving the ipsissima verba of the statute-book to any statement of my own. To make the laws intelligible, I would remind you that the successful efforts of the n.o.bles had, during the three centuries of Plantagenet rule, nearly obliterated the LIBERI HOMINES (whose rights the Norman conqueror had sedulously guarded), and had reduced them to a state of va.s.salage. They held the lands of their lord at his will, and paid their rent by military service. When retainers were put down, and rent or knights' service was no longer paid with armed men, their occupation was gone. They were unfit for the mere routine of husbandry, and unprovided with funds for working their farms. The policy of the n.o.bles was changed. It was no longer their object to maintain small farmsteads, each supplying its quota of armed men to the retinue of the lord; and it was their interest to obtain money rents. Then commenced a struggle of the most fearful character. The n.o.bles cleared their lands, pulled down the houses, and displaced the people. Vagrancy, on a most unparalleled scale, took place. Henry VII., to check this cruel, unexpected, and harsh outcome of his own policy, resorted to legislation, which proved nearly ineffectual. As early as the fourth year of his reign these efforts commenced with an enactment (cap. 19) for keeping up houses and encouraging husbandry; it is very quaint, and is as follows:

"The King, our Sovereign Lord, having singular pleasure above all things to avoid such enormities and mischiefs as be hurtful and prejudicial to the commonwealth of this his land and his subjects of the same, remembereth that, among other things, great inconvenience daily doth increase by dissolution, and pulling down, and wilful waste of houses and towns within this his realm, and laying to pasture lands, which continually have been in tilth, WHEREBY IDLENESS, THE GROUND AND BEGINNING OF ALL MISCHIEF, daily do increase; for where, in some towns 200 persons were occupied, and lived by those lawful labors, now there be occupied two or three herdsmen, and the residue full of idleness.

The husbandry, which is one of the greatest commodities of the realm, is greatly decayed. Churches destroyed, the service of G.o.d withdrawn, the bodies there buried not prayed for, the patrons and curates wronged, the defence of the land against outward enemies feebled and impaired, to the great displeasure of G.o.d, the subversion of the policy and good rule of this land, if remedy be not hastily therefor purveyed: Wherefore, the King, our Sovereign Lord, by the a.s.sent and advice, etc., etc., ordereth, enacteth, and establisheth that no person, what estate, degree, or condition he be, that hath any house or houses, that at any time within the past three years hath been, or that now is, or heretofore shall be, let to farm with twenty acres of land at least, or more, laying in tillage or husbandry; that the owners of any such house shall be bound to keep, sustain, and maintain houses and buildings, upon the said grounds and land, convenient and necessary for maintaining and upholding said tillage and husbandry; and if any such owner or owners of house or house and land take, keep, and occupy any such house or house and land in his or their own hands, that the owner of the said authority be bound in likewise to maintain houses and buildings upon the said ground and land, convenient and necessary for maintaining and upholding the said tillage and husbandry. On their default, the king, or the other lord of the fee, shall receive half of the profits, and apply the same in repairing the houses; but shall not gain the freehold thereby."

This act was preceded by one with reference to the Isle of Wight, 4 Henry VII., cap. 16, pa.s.sed the same session, which recites that it is so near France that it is desirable to keep it in a state of defence. It provides that no person shall have more than one farm, and enacts:

"For remedy, it is ordered and enacted that no manner of person, of what estate, degree, or condition soever, shall take any farm more than one, whereof the yearly rent shall not exceed ten marks; and if any several leases afore this time have been made to any person or persons of divers and sundry farmholds whereof the yearly value shall exceed that sum, then the said person or persons shall choose one farm, hold at his pleasure, and the remnant of the leases shall be void."

Mr. Froude remarks (History, p. 26), "An act, tyrannical in form, was singularly justified by its consequences. The farm-houses were rebuilt, the land reploughed, the island repeopled; and in 1546, when the French army of 60,000 men attempted to effect a landing at St. Helens, they were defeated and driven back by the militia, and a few levies transported from Hamps.h.i.+re and the surrounding counties."

Lord Bacon, in his "History of the Reign of Henry VII., says:

"Enclosures, at that time, began to be more frequent, whereby arable land (which could not be manured without people and families) was turned into pasture, which was easily rid by a few herdsmen; and tenancies for years, lives, and at will (whereupon much of the yeomanry lived) were turned into demesnes. This bred a decay of people and (by consequence) a decay of towns, churches, t.i.thes, and the like. The king, likewise, knew full well, and in nowise forgot, that there ensued withal upon this a decay and diminution of subsidies and taxes; for the more gentlemen, ever the lower books of subsidies. In remedying of this inconvenience, the king's wisdom was admirable, and the parliaments at that time.

Enclosures they would not forbid, for that had been to forbid the improvement of the patrimony of the kingdom; nor tillage they would not compel, for that was to strive with nature and utility; but they took a course to take away depopulating enclosures and depopulating pasturage, and yet not by that name, or by any imperious express prohibition, but by consequence. The ordinance was, that all houses of husbandry, that were used with twenty acres of ground and upward, should be maintained and kept up for ever, together with a competent proportion of land to be used and occupied with them; and in nowise to be severed from them, as by another statute made afterward in his successor's time, was more fully declared: this, upon forfeiture to be taken, not by way of popular action, but by seizure of the land itself, by the king and lords of the fee, as to half the profits, till the houses and land were restored. By this means the houses being kept up, did of necessity enforce a dweller; and the proportion of the land for occupation being kept up, did of necessity enforce that dweller not to be a beggar or cottager, but a man of some substance, that might keep hinds and servants, and set the plough a-going. This did wonderfully concern the might and mannerhood of the kingdom, to have farms, as it were, of a standard sufficient to maintain an able body out of penury, and did, in effect, amortise a great part of the lands of the kingdom unto the hold and occupation of the yeomanry or middle people, of a condition between gentlemen and cottagers or peasants. Now, how much this did advance the military power of the kingdom, is apparent by the true principles of war, and the examples of other kingdoms. For it hath been held by the general opinion of men of best judgment in the wars (howsoever some few have varied, and that it may receive some distinction of case), that the princ.i.p.al strength of an army consisteth in the infantry or foot. And to make good infantry, it requireth men bred, not in a servile or indigent fas.h.i.+on, but in some free and plentiful manner. Therefore, if a state run most to n.o.blemen and gentlemen, and that the husbandman and ploughman be but as their workfolks and laborers, or else mere cottagers (which are but housed beggars), you may have a good cavalry, but never good stable bands of foot; like to coppice woods, that if you leave in them standing too thick, they will run to bushes and briars, and have little clean underwood. And this is to be seen in France and Italy, and some other parts abroad, where in effect all is n.o.bles or peasantry. I speak of people out of towns, and no middle people; and therefore no good forces of foot: insomuch as they are enforced to employ mercenary bands of Switzers and the like for their battalions of foot, whereby also it comes to pa.s.s, that those nations have much people and few soldiers.

Whereas the king saw that contrariwise it would follow, that England, though much less in territory, yet should have infinitely more soldiers of their native forces than those other nations have. Thus did the king secretly sow Hydra's teeth; whereupon (according to the poet's fiction) should rise up armed men for the service of this kingdom."

The enactment above quoted was followed by others in that reign of a similar character, but it would appear they were not successful. The evil grew apace. Houses were pulled down, farms went out of tillage.

The people, evicted from their farms, and having neither occupation nor means of living, were idle, and suffering. Succeeding sovereigns strove also to check this disorder? and statute after statute was pa.s.sed. Among them are the 7th Henry VIII., cap. 1. It recites:

"That great inconveniency did daily increase by dissolution, pulling down, and destruction of houses, and laying to pasture, lands which customarily had been manured and occupied with tillage and husbandry, whereby idleness doth increase; for where, in some town-lands, hundreds of persons and their ancestors, time out of mind, were daily occupied with sowing of corn and graynes, breeding of cattle, and other increase of husbandry, that now the said persons and their progeny are disunited and decreased. It further recites the evil consequences resulting from this state of things, and provides that all these buildings and habitations shall be re-edificed and repaired within one year; and all tillage lands turned into pasture shall be again restored into tillage; and in default, half the value of the lands and houses forfeited to the king, or lord of the fee, until they were re-edificed. On failure of the next lord, the lord above him might seize."

This act did not produce that increased tilth which was antic.i.p.ated.

Farmers' attention was turned to sheepbreeding; and in order to supply the deficiency of cattle, an act was pa.s.sed in the 21st Henry VIII., to enforce the rearing of calves; and every farmer was, under a penalty of 6s. 8d. (about L3 of our currency), compelled to rear all his calves for a period of three years; and in the 24th Henry VIII. the act was further continued for two years. The culture of flax and hemp was also encouraged by legislation. The 24th Henry VIII., cap. 14, requires every person occupying land apt for tillage, to sow a quarter of an acre of flax or hemp for every sixty acres of land, under a penalty of 3s. 4d.

The profit which arose from sheep-farming led to the depasturage of the land; and in order to check it, an act, 25 Henry VIII., cap. 13, was pa.s.sed. It commences thus:

"Forasmuch as divers and sundry persons of the king's subjects of this realm, to whom G.o.d of His goodness hath disposed great plenty and abundance of movable substance, now of late, within few years, have daily studied, practised, and invented ways and means how they might gather and acc.u.mulate together into few hands, as well great mult.i.tude of farms, as great plenty of cattle and in especial sheep, putting such lands as they can get to pasture and not to tillage: whereby they have not only pulled down churches and towns, and enhanced the old rates of the rents of possessions of this realm, or else brought it to such excessive fines that no poor man is able to meddle with it, but have also raised and enhanced the prices of all manner of corn, cattle, wool, pigs, geese, hens, chickens, eggs, and such commodities almost double above the prices which hath been accustomed, by reason whereof a marvellous mult.i.tude of the poor people of this realm be not able to provide meat, drink, and clothes necessary for themselves, their wives, and children, but be so discouraged with misery and poverty, that they fall daily to theft, robbery, and other inconveniences, or pitifully die for hunger and cold; and it is thought by the king's humble and loving subjects, that one of the greatest occasions that moveth those greedy and covetous people so to acc.u.mulate and keep in their hands such great portions and parts of the lands of this realm from the occupying of the poor husbandmen, and so use it in pasture and not in tillage, is the great profit that cometh of sheep, which be now come into a few persons'

hands, in respect of the whole number of the king's subjects, so that some have 24,000, some 20,000, some 10,000, some 6000, some 5000, and some more or less, by which a good sheep for victual, which was accustomed to be sold for 2s. 4d. or 3s. at most, is now sold for 6s., 5s., or 4s. at the least; and a stone of clothing wool, that in some s.h.i.+re of this realm was accustomed to be sold from 16d. to 20d, is now sold for 4s. or 3s. 4d. at the least; and in some counties, where it has been sold for 2s. 4d. to 2s. 8d., or 3s. at the most, it is now 5s. or 4s. 8d. at the least, and so arreysed in every part of the realm, which things thus used to be princ.i.p.ally to the high displeasure of Almighty G.o.d, to the decay of the hospitality of this realm, to the diminis.h.i.+ng king's people, and the let of the cloth making, whereby many poor people hath been accustomed to be set on work; and in conclusion, if remedy be not found, it may turn to the utter destruction and dissolution of this realm which G.o.d defend."

It was enacted that no person shall have or keep on lands not their own inheritance more than 2000 sheep, under a penalty of 3s. 4d. per annum for each sheep; lambs under a year old not to be counted; and that no person shall occupy two farms.

Further measures appeared needful to prevent the evil; and the 27th Henry VIII., cap. 22, states that the 4th Henry VII., cap. 19, for keeping houses in repair, and for the tillage of the land, had been enforced on lands holden of the king, but neglected by other lords. It, therefore, enacted that the king shall have the moiety of the profits of lands converted from tillage to pasture, since the pa.s.sing of the 4th Henry VII., until a proper house is built, and the land returned to tillage; and in default of the immediate lord taking the profits as under that act, the king might take the same. This act extended to the counties of Lincoln, Nottingham, Leicester, Warwick, Rutland, Northampton, Bedford, Buckingham, Oxford, Berks.h.i.+re, Isle of Wight, Hertford, and Cambridge.

The simple fact was, that those who had formerly paid the rent of their land by service as soldiers were without the capital or means of paying rent in money; they were evicted and became vagrants. Henry VIII. took a short course with these vagrants, and it is a.s.serted upon apparently good authority that in the course of his reign, thirty-six years, he hanged no less than 72,000 persons for vagrancy, or at the rate of 2000 per annum. The executions in the reign of his daughter, Queen Elizabeth, had fallen to from 300 to 400 per annum.

32 Henry VIII., cap. 1, gave powers of bequest with regard to land; as it explains the change it effected, I quote it:

"That all persons holding land in socage not having any lands holden by knight service of the king in chief, be empowered to devise and dispose of all such socage lands, and in like case, persons holding socage lands of the king in chief, and also of others, and not having the lands holden by knight service, saving to the king, all his right, t.i.tle, and interest for primer seizin, reliefs, fines for alienations, etc. Persons holding lands of the king by knight's service in chief were authorized to devise two third parts thereof, saving to the king wards.h.i.+p, primer seizin, of the third paid, and fines for alienation of the whole lands.

Persons holding lands by knight's service in chief, and also other lands by knight's service, or otherwise may in like manner devise two third part thereof, saving to the king wards.h.i.+p of the third, and fines for alienation of the whole. Persons holding land of others than the king by knight's service, and also holding socage lands, may devise two third parts of the former and the whole of the latter, saving to the lord his wards.h.i.+p of the third part. Persons holding lands of the king by knight's service but not in chief, or so holding of the king and others, and also holding socage lands, may in like manner devise two thirds of the former and the whole of the latter, saving to the king the wards.h.i.+p of the third part, and also to the lords; and the king or the other lords were empowered to seize the one third part in case of any deficiency."

The 34th and 35th Henry VIII., cap. 5, was pa.s.sed to remove some doubts which had arisen as to the former statute; it enacts:

"That the words estates of inheritance should only mean estates in fee-simple only, and empowers persons seized of any lands, etc., in fee-simple solely, or in co-partnery (not having any lands holden of knight's service), to devise the whole, except corporations. Persons seized in fee-simple of land holden of the king by knight's service may give or devise two thirds thereof, and of his other lands, except corporation, such two thirds to be ascertained by the divisor or by commission out of the Court of Ward and Liveries. The king was empowered to take his third land descended to the heir in the first place, the devise in gift remaining good for the two thirds; and if the land described were insufficient to answer such third, the deficiency should be made up out of the two thirds."

"The next attack," remarks Sir William Blackstone, vol. ii., p. 117, "which they suffered in order of time was by the statute 32 Henry VIII., c. 28, whereby certain leases made by tenants in tail, which do not tend to prejudice the issue, were allowed to be good in law and to bind the issue in tail. But they received a more violent blow the same session of Parliament by the construction put upon the statute of fines by the statute 32 Henry VIII., cap. 36, which declares a fine duly levied by tenant in tail to be a complete bar to him and his heirs and all other persons claiming under such entail. This was evidently agreeable to the intention of Henry VII., whose policy was (before common recovery had obtained their full strength and authority) to lay the road as open as possible to the alienation of landed property, in order to weaken the overgrown power of his n.o.bles. But as they, from the opposite reasons, were not easily brought to consent to such a provision, it was therefore couched in his act under covert and obscure expressions; and the judges, though willing to construe that statute as favorably as possible for the defeating of entailed estates, yet hesitated at giving fines so extensive a power by mere implication when the statute DE DONIS had expressly declared that they should not be a bar to estates-tail. But the statute of Henry VIII., when the doctrine of alienation was better received, and the will of the prince more implicitly obeyed than before, avowed and established that intention."

Fitzherbert, one of the judges of the Common Pleas in the reign of Henry VIII., wrote a work on surveying and husbandry. It contains directions for draining, clearing, and inclosing a farm, and for enriching the soil and reducing it to tillage. Fallowing before wheat was practised, and when a field was exhausted by grain it was allowed to rest. Hollingshed estimated the usual return as 16 to 20 bushels of wheat per acre; prices varied very greatly, and famine was of frequent recurrence. Leases began to be granted, but they were not effectual to protect the tenant from the entry of purchasers nor against the operation of fict.i.tious recoveries.

In the succeeding reigns the efforts to encourage tillage and prevent the clearing of the farms were renewed, and among the enactments pa.s.sed were the following:

5 Edward VI., cap. 5, for the better maintenance of tillage and increase of corn within the realm, enacts:

"That there should be, in the year 1553, as much land, or more, put wholly in tillage as had been at any time since the 1st Henry VIII., under a penalty of 5s. per acre to the king; and in order to secure this, it appoints commissioners, who were bound to ascertain by inquests what land was in tillage and had been converted from tillage into pasture. The commission issued precepts to the sheriffs, who summoned jurors, and the inquests were to be returned, certified, to the Court of Exchequer. Any prosecution for penalties should take place within three years, and the act continues for ten years."

2 and 3 Philip and Mary, cap. 2, recites the former acts of 4 Henry VII., cap. 19, etc,, which it enforces. It enacts:

"That as some doubts had arisen as to the interpretation of the words twenty acres of land, the act should apply to houses with twenty acres of land, according to the measurement of the ancient statute; and it appoints commissioners to inquire as to all houses pulled down and all land converted from pasture into tillage since the 4th Henry VII. The commissioners were to take security by recognizance from offenders, and to re-edify the houses and re-convert the land into tillage, and to a.s.sess the tenants for life toward the repairs. The amount expended under order of the commissioners was made recoverable against the estate, and the occupiers were made liable to their orders; and they had power to commit persons refusing to give security to carry out the act."

2 and 3 Philip and Mary, cap. 3, was pa.s.sed to provide for the increase of milch cattle, and it enacts:

"That one milch-cow shall be kept and calf reared for every sixty sheep and ten oxen during the following seven years."

The 2d Elizabeth, cap. 2, confirms the previously quoted acts of 4 Henry VII., cap. 19; 7 Henry VIII., cap. 1; 27 Henry VIII., cap. 22; 27 Henry VIII., cap. 18; and it enacts: