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Conclusion

Published online by Cambridge University Press:  02 April 2020

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Summary

At the 1628 parliament all of the statutes about retaining and the distribution of livery were repealed, apparently without being debated. Presumably retaining by fees and livery was no longer deemed the problem it had been during the late medieval period. Retaining was an integral part of sixteenth-century England and there is no evidence that the statutes of livery or Henry VII's increased enforcement of the statutes stopped legal retaining. Retaining remained one of several methods by which Henry VIII's armies were raised. Simon Adams argued that the earl of Leicester's expedition to the Netherlands (1585–6) was the last major military campaign to utilise bastard feudal methods in military recruitment. The continuation of retaining and the distribution of liveries throughout the sixteenth century meant that illegal retaining was something that Tudor government kept a firm eye on. From around 1541 the patent rolls begin to record licences for nobles and gentry to retain a specified number of men, a practice also evident in the reigns of Edward VI, Mary I and Elizabeth I. The retinue list for Sir Thomas Lovell from 1508 proves such licences were granted before 1541 and that the developments from 1541 might simply be a new method of recording such licences which has created a better survival rate, or may genuinely reflect greater crown oversight of the matter. The reasons for this change of practice has yet to be investigated. According to Simon Adams, ‘Elizabeth's hostility to retaining was open and consistent, but she sought to regulate it by proclamation rather than by fresh legislation’. One particular proclamation in 1572 against illegal retaining and vagrancy was part of a response to disorder and sedition in the aftermath of the 1569 rebellion against Elizabeth I. Such a tactic was used on numerous occasions by Edward IV and Henry VII and was a continuation of older monarchical responses to excessive retaining. During the reigns of Elizabeth I and James I illegal retaining and the distribution of liveries remained a concern and was regularly included in commissions necessary for the upkeep of justice. As such illegal retaining remained an issue throughout the Tudor period of English history.

Type
Chapter
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Bastard Feudalism, English Society and the Law
The Statutes of Livery, 1390–1520
, pp. 202 - 208
Publisher: Boydell & Brewer
Print publication year: 2020

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  • Conclusion
  • Gordon McKelvie
  • Book: Bastard Feudalism, English Society and the Law
  • Online publication: 02 April 2020
  • Chapter DOI: https://doi.org/10.1017/9781787446656.011
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  • Conclusion
  • Gordon McKelvie
  • Book: Bastard Feudalism, English Society and the Law
  • Online publication: 02 April 2020
  • Chapter DOI: https://doi.org/10.1017/9781787446656.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Gordon McKelvie
  • Book: Bastard Feudalism, English Society and the Law
  • Online publication: 02 April 2020
  • Chapter DOI: https://doi.org/10.1017/9781787446656.011
Available formats
×