The increase in customs and land revenues was applauded, for it meant fewer parliamentary subsidies and fit the medieval formula that kings should live on their own, not parliamentary, income. But the collection of revenues from feudal and prerogative sources and from the administration of justice caused great discontent and earned Henry his reputation as a miser and extortionist. Generally, Henry demanded no more than his due as the highest feudal overlord, and, a year after he became sovereign, he established a commission to look into land tenure to discover who held property by knight’s fee—that is, by obligation to perform military services. Occasionally he overstepped the bounds of feudal decency and abused his rights. In 1504, for instance, he levied a feudal aid (tax) to pay for the knighting of his son—who had been knighted 15 years before and had been dead for two. Henry VIII continued his father’s policy of fiscal feudalism, forcing through Parliament in 1536 the Statute of Uses—to prevent any landowner from escaping “relief” and wardship (feudal inheritance taxes) by settling the ownership of his lands in a trustee for the sole benefit (“use”) of himself—and establishing the Court of Wards and Liveries in 1540 to handle the profits of feudal wardship. The howl of protest was so great that in 1540 Henry VIII had to compromise, and by the Statute of Wills a subject who held his property by knight’s fee was permitted to bequeath two-thirds of his land without feudal obligation.
To fiscal feudalism Henry VII added rigorous administration of justice. As law became more effective, it also became more profitable, and the policy of levying heavy fines as punishment upon those who dared break the king’s peace proved to be a useful whip over the mighty magnate and a welcome addition to the king’s exchequer. Even war and diplomacy were sources of revenue; one of the major reasons Henry VII wanted his second son, Henry, to marry his brother’s widow was that the king was reluctant to return the dowry of 200,000 crowns that Ferdinand and Isabella of Spain had given for the marriage of their daughter Catherine of Aragon. Generally, Henry believed in a good-neighbour policy—apparent in his alliance with Spain by the marriage of Arthur and Catherine in 1501 and peace with Scotland by the marriage of his daughter Margaret to James IV in 1503—on the grounds that peace was cheap and trade profitable. In 1489, however, he was faced with the threat of the union of the duchy of Brittany with the French crown; and England, Spain, the empire, and Burgundy went to war to stop it. Nevertheless, as soon as it became clear that nothing could prevent France from absorbing the duchy, Henry negotiated the unheroic but financially rewarding Treaty of Étaples in 1492, whereby he disclaimed all historic rights to French territory (except Calais) in return for an indemnity of £159,000. By fair means or foul, when the first Tudor died, his total nonparliamentary annual income had risen at least twofold and stood in the neighbourhood of £113,000 (some estimates put it as high as £142,000). From land alone the king received £42,000, while the greatest landlord in the realm had to make do with less than £5,000; economically speaking, there were no longer any overmighty magnates.
The administration of justice
Money could buy power, but respect could only be won by law enforcement. The problem for Henry VII was not to replace an old system of government with a new one—no Tudor was consciously a revolutionary—but to make the ancient system work tolerably well. He had to tame but not destroy the nobility, develop organs of administration directly under his control, and wipe out provincialism and privilege wherever they appeared. In the task of curbing the old nobility, the king was immeasurably helped by the high aristocratic death rate during the Wars of the Roses; but where war left off, policy took over. Commissions of Array composed of local notables were appointed by the crown for each county in order to make use of the power of the aristocracy in raising troops but to prevent them from maintaining private armies (livery) with which to intimidate justice (maintenance) or threaten the throne.