Hostname: page-component-78c5997874-v9fdk Total loading time: 0 Render date: 2024-11-04T18:55:54.342Z Has data issue: false hasContentIssue false

Post-Restoration Landownership: The Impact of the Abolition of Wardship

Published online by Cambridge University Press:  15 January 2014

Peter Roebuck*
Affiliation:
New University of Ulster, Coleraine

Extract

Major emphasis has been placed on the political significance of the final abolition of the Court of Wards and Liveries in 1660. Not only did it remove a substantial source of grievance against the crown but, as part of a wider settlement whereby Charles II surrendered ancient dues in return for revenue granted by parliament, it formed a major signpost on the road from a feudal to a constitutional monarchy. Historians have also stressed the importance of abolition to developments in landownership and agriculture. To Blackstone writing in the eighteenth century, abolition was “a greater acquisition to the civil property of this kingdom than even Magna Carta itself.” A century later G. C. Brodrick felt it “at least possible” that “this great reform” had provided England with “an advantage in agriculture over her foreign rivals which has not yet been fully exhausted.” David Ogg went so far as to suggest that abolition “was possibly the most important single event in the history of English landholding.” While most recently, in analysing the economic causes of the English revolution, Lawrence Stone has argued that “it is surely significant that among those [things[ whch were not [restored in 1660] were feudal tenures.”

It has been suggested that the more substantial landowners benefited in three respects from abolition: fiscally; collectively, in relation to other groups in rural society; and managerially, insofar as the reform increased their capacity to conduct their affairs effectively. Their financial position improved with the disappearance of the feudal exactions associated with wardship to which the majority of them had previously been liable.

Type
Research Article
Copyright
Copyright © North American Conference of British Studies 1978

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1. I am grateful to the New University of Ubter and the Trustee; of the Twenty-Seven Foundation for financing the research on which this article is based; and to G. E. Mingay, S. G. F. Spademan, W. H. Crawford, W. A. Maguire, and A. C. Hepburn for comments on earlier drafts. None of these individuals should be held responsible for the deficiencies of this final version.

2. Quoted in Stone, Lawrence, The Crisis of the Aristocracy, 1558-1641 (Oxford, 1965), p 605Google Scholar.

3. Brodrick, G. C., English Land and English Landlords (London, 1881; reprt., Newton Abbot, 1968), pp. 4546Google Scholar.

4. Ogg, David, England in the Reigns of James II and William III (Oxford, 1957), pp. 5556Google Scholar.

5. Stone, Lawrence, The Causes of the English Revolution 1529-1642 (London, 1972), p. 72Google Scholar. For other tributes to the significance of the abolition of wardship, see: Hasbach, Wilhelm, A Hıstory of the English Agricultural Labourer (London, 1908), p. 45Google Scholar; Ernle, Lord, English Farming Past and Present (6th ed.; London, 1961), p. 142Google Scholar; Wilson, Charles, England's Apprenticeship, 1603-1763 (London, 1965), p. 134Google Scholar; Aylmer, G. E., “The Last Years of Purveyance, 1610-1660,” Econ. Hist. Rev., 2nd series, X (19571958)Google Scholar, passim. The last item serves as a reminder that wardship was not the only feudal survival to be abolished at the Restoration.

6. Hill, Christopher, The Century of Revolution, 1603-1714 (London, 1961), pp. 148–49CrossRefGoogle Scholar and Reformation to Industrial Revolution (London, 1967), pp. 115–16Google Scholar.

7. Wilson, , England's Apprenticeshıp, pp. 134–35, 251Google Scholar.

8. See the following contributions to the debate, and the additional references therein: Clay, Christopher, “Marriage, Inheritance, and the Rise of Large Estates in England, 1660-1815,” Econ. Hist. Rev., 2nd series, XXI (1968)Google Scholar; B. A. Holderness, “The English Land Market in the Eighteenth Century: the Case of Lincolnshire,” ibid., XXVII (1974).

9. Thirsk, Joan (ed.), The Agrarian History of England and Wales, IV, 1500-1640 (Cambridge, 1967)Google Scholar; Jones, E. L. (ed.), Agriculture and Economic Growth in England 1650-1815 (London, 1967)Google Scholar; Kerridge, Eric, The Agricultural Revolution (London, 1967)Google Scholar, Agrarian Problems in the Sixteenth Century and After (London, 1969)Google Scholar, and The Farmers of Old England (London, 1973)Google Scholar.

10. The following four paragraphs are based on material from Jones, W. J., The Elizabethan Court of Chancery (Oxford, 1967)Google Scholar; Firth, C. H. and Rait, R. S., Acts and Ordinances of the Interregnum 1642-1660 (London, 1911)Google Scholar; Bell, H. E., An Introduction to the History and Records of the Court of Wards and Liveries (Cambridge, 1953)Google Scholar; Hurstfield, Joel, The Queen's Wards (London, 1958)Google Scholar; Hawkins, M. J. (ed.), Sales of Wards in Somerset, 1603-41 [Somerset Record Society, LXVII] (1965), xvxxxiGoogle Scholar and Royal Wardship in the Seventeenth Century,” The Genealogists' Magazine, XVI (1969)Google Scholar.

11. Clay, Christopher, “The Misfortunes of William, Fourth Lord Petre (1638-1655),” Recusant History, XI (1971), 88Google Scholar. For additional case-histories of families subjected to royal wardship, see Stone, , Crisis of the Aristocracy, pp. 600–05Google Scholar.

12. The two paragraphs which follow are based on SirHoldsworth, William, A History of English Law, VI (2nd ed.; London, 1937; reprt.; London, 1966), 648–57Google Scholar.

13. University of Hull, Hotham of South Dalton MSS, DDHO/13/5; 17/9, 31; 74/21, 24.

14. University of Hull, Constable of Button Constable MSS, DDCC/135/49; Wake, Joan, The Brudenells of Deene (2nd ed.; London, 1954), pp. 188–99Google Scholar. Wake provides a good general description of the minority but is mistaken in suggesting (p. 190) that Viscount Dunbar was appointed sole guardian.

15. The records of the actual proceedings in Chancery (bills, answers, orders, etc.) contain much information relating to the financial aspects of guardianship, and also frequently recite developments prior to minorities. Of the enormous and varied contents of this archive, however, the general accounts offer most to the economic historian. Copies of these crop up in provincial archives and are a more than adequate substitute for original rentals and estate accounts where the latter fail to survive. Within the Chancery archive they are to be found in two quite distinct locations. Firstly, PRO, C 103-116, the Chancery Masters' Exhibits, contain a variety of documents, including accounts, relating to those cases where guardians, unaided by Chancery appointees, discharged their responsibilities. C 117-126, the Chancery Masters' Documents, contain records of the processes whereby the activities of the guardians were subsequently examined by officials of the court. A second, largely neglected group relates to those cases in which Chancery took a more active role. C 101, Chancery Masters' Account Books, contains 6,754 volumes of accounts dating from the early eighteenth to the mid-nineteenth centuries; precise references to these volumes are indexed alphabetically according to the first party in any suit in IND 10702 (i-iv). C 102, Chancery Masters' Miscellaneous Books, provides material relating to the processing of these accounts once they were returned to court. The ill-fated Donegall family, most of whose extensive and debt-encumbered property lay in Ireland, experienced one minority, in the 1750s, when the guardians refused to discharge their onerous duties without the active involvement of court officials. PRO, C 11/192/16; 12/377/19. The resulting volume of accounts is at C 101/4968. These records are aho of value, therefore, to historians of Irish landownership; for where a suit involved real or personal property in both England and Ireland it was apparently heard in the English Court of Chancery. Ainsworth, John, “Some Abstracts of Chancery Suits relating to Ireland,” Journal of the Royal Society of Antiquaries of Ireland, 7th series, IX (1939), 39Google Scholar.

16. Mingay, G. E., “The Agricultural Depression, 1730-50,” Econ. Hist. Rev., 2nd series, VIII (19551956), 332Google Scholar. Chancery refused to allow items such as “general expenses” or “sundries.” During the coune of the Brudenell minority referred to above Viscount Dunbar personally signed a monthly audit of accounts. Holdsworth, , History of English Law, VI, 651Google Scholar; Wake, , Brudenells of Deene, p. 199Google Scholar. For a graphic illustration of how a minority suit in Chancery increased the work-load and taxed the patience even of a conscientious estate agent, see Crawford, W. H. (ed.), Letters from an Ulster Land Agent 1774-85 (PRO, No. Ireland, Belfast, 1977)Google Scholar.

17. The threat of an action for mismanagement during a minority usually persuaded guardians to accomodate a minor's wishes; for example, see Tongue, Christopher, “A Troublesome Guardianship in the 18th Century,” Northamptonshire Past and Present (hereafter, N.P.P.), IV (1966)Google Scholar, no. 1, 21. The Sneyds of Keele in Staffordshire experienced two minorities in successive generations, 1695-1713 and 1733-44, both of which were the subject of hotly contested disputes in Chancery. The first dispute involved allegations of misappropriation of parts of the estate by the guardians; the second was complicated by the lunacy of one of the interested parties. Blake, J. W., “The Sneyds of Keele c. 1530-1949,” The North Staffordshire Journal of Field Studies, II (1962), 20Google Scholar. Lunacy was also a matter which came under the jurisdiction of Chancery. Holdsworth, , History of English Law, I, 473–76Google Scholar; VI, 632. For examples of the quitclaims mentioned above, see Tongue, , “A Troublesome Guardianship,” N.P.P., IV, 22Google Scholar, and, in the case of the Brudenell minority, University of Hull, Constable of Burton Constable MSS DDCC/135/98, 99.

18. Habakkuk, H. J., “Marriage Settlements in the 18th Century,” Trans. Roy. Hist. Soc., 4th series, XXXII (1950), 18Google Scholar.

19. Cliffe, J. T., The Yorkshire Gentry. From the Reformation to the Civil War (London, 1969), pp. 128–30, 134Google Scholar.

20. Foxcroft, H. C., The Life and Letters of Sir George Savile, 1st Marquis of Halifax (London, 1898), I, 22Google Scholar.

21. Cooper, J. P., “The Fortune of Thomas Wentworth, Earl of Strafford,” Econ. Hist. Rev., 2nd series, XI (19581959)Google Scholar; Hunter, Joseph, South Yorkshire, The History and Topography of the Deanery of Doncaster (London, 18281831), II, 87Google Scholar.

22. Parsons, Daniel (ed.), The Diary of Sir Henry Slingsby of Scriven, Bart. (London, 1836), pp. 1718Google Scholar.

23. University of Hull, Hotham of South Dalton MSS, DDHO/20/7.

24. Browning, Andrew (ed.), Memoirs of Sir John Reresby (Glasgow, 1936), pp. 4, 26Google Scholar.

25. Mimardiere, A. M., “The Warwickshire Gentry 1660-1730” (M.A. thesis, Birmingham University, 1963), p. 166.Google Scholar

26. Roebuck, Peter, “The Country Squirearchy and the Fight for Place in the Early Eighteenth Century,” Yorkshire Archaeological Journal, XLVI (1974), 104–09Google Scholar.

27. Central Library, Huddersfield, Whitley Beaumont MSS, WBE/I/5-11; WBE/34, 35; WBF/12, 13; WBW/59-61.

28. Roebuck, Peter, “Absentee Landownership in the Late Seventeenth and Early Eighteenth Centuries. A Neglected Factor in English Agrarian History,” Agricultural History Review, XXI (1973), 211Google Scholar; Roebuck, (ed.), Constable of Everingham Estate Correspondence 1726-43, Yorkshire Archaeological Society Record Series, CXXXVI (1974)Google Scholar.

29. Chetwynd-Stapylton, H. E., The Stapletons of Yorkshire (London, 1897), pp. 167–69Google Scholar.

30. Clay, J. W. (ed.), Dugdale's Visitation of Yorkshire, with Additions (London, 18991917), II, 196200Google Scholar.

31. Foster, Joseph, Pedigrees of the County Families of Yorkshire (London, 1874), IIGoogle Scholar.

32. PRO, C 33/379/462; 381/331; 38/481.

33. PRO, C 33/399/281; 38/526.

34. University of Hull, Hotham of South Dalton MSS, DDHO/20/26.

35. Hotham of South Dalton MSS, DDHO/15/16.

36. In his will Sir Charles had ordered all “surplus moneys” to be invested in the “public funds.”

37. Hotham of South Dalton MSS, DDHO/15/6, 7, 9, 10.

38. Parker, R. A. C., Coke of Norfolk: A Financial and Agricultural Study 1707-1842 (Oxford, 1975), pp. 111Google Scholar.

39. Ibid., p. 1.

40. Clarkson, L. A., The Pre-Industrial Economy in England 1500-1750 (London, 1971), p. 213Google Scholar.

41. Hollingsworth, T. H., “The Demography of the British Peerage,” Supplement to Population Studies, XVIII (1964), no. 2, 71Google Scholar and passim.

42. The list of ninety-three families was compiled from Cockayne, G. E. (ed.), Complete Baronetage 1611-1800 (London, 19001909)Google Scholar. Additional genealogical information was derived from Foster, Pedigrees of the County Families of Yorkshire; Clay (ed.), Dugdale's Visitation; and Gibbs, Vicary, Doubleday, H. A., et al (eds.), Complete Peerage (London, 19101959)Google Scholar. Wherever necessary and possible, the material drawn from these sources was checked against the information in a variety of family histories and other local studies.

43. Included in this total are minorities which began before but ended after either of the two terminal dates; indeed, this applies to all those listed in the Table as pre-1646. The inclusion of such minorities to some extent distorts the overall figures; on the other hand their exclusion would also have led to distortion.

44. See Clay, J. W., “The Gentry of Yorkshire at the Time of the Civil War,” Yorkshire Archaeological Journal, XXIII (19141915), 349Google Scholar. Nine of the sixteen minorities in the pre-1646 category began from 1642 onwards; a tenth followed the execution of the Earl of Strafford in 1641.

45. van Bath, B. H. Slicher, The Agrarian History of Western Europe A.D. 500-1850 (London, 1963), pp. 206–20Google Scholar; Chambers, J. D. and Mingay, G. E., The Agricultural Revolution 1750-1880 (London, 1966), pp. 40–42, 167Google Scholar.

46. The new circumstances pertaining during minorities no doubt helped to confirm the impression that by the eighteenth century landed families were indulging in conspicuous investment rather than conspicuous consumption. See Ashton, T. S., An Economic History of England: The 18th Century (London, 1955), p. 23Google Scholar; Hill, , Reformation to Industrial Revolution, pp. 197–98Google Scholar.