I have described in the first chapter of this work the manner in which the Tudor sovereigns had attempted to check this tendency, but interest had so far proved too strong for legislation. The statutes prohibiting enclosures had remained, especially in the northern counties, unenforced; and the small farmers and petty copyholders, hitherto thriving and independent, found themselves at once turned out of their farms and deprived of the resource of the commons. They had suffered frightfully, and they saw no reason for their sufferings. From the Trent northward a deep and angry spirit of discontent had arisen which could be stirred easily into mutiny.[89]
[Sidenote: The rough character of the Yorkshire gentleman.]
[Sidenote: Encroachment upon local jurisdiction increases the expense of justice.]
Nor were these the only grievances of the northern populace. The Yorkshire knights, squires, sheriffs, and justices of the peace, intent, as we see, on their own interests, had been overbearing and tyrannical in their offices. The Abbot of York, interceding with Cromwell in behalf of some poor man who had been needlessly arrested and troubled, declared that "there was such a company of wilful gentlemen within Yorkshire as he thought there were not in all England besides,"[90] and Cromwell in consequence had "roughly handled the grand jury." Courts of arbitration had sate from immemorial time in the northern baronies where disputes between landlords and tenants had been equitably and cheaply adjusted. The growing inequality of fortunes had broken through this useful custom. Small farmers and petty leaseholders now found themselves sued or compelled to sue in the courts at Westminster, and the expenses of a journey to London, or of the employment of London advocates, placed them virtually at the mercy of their landlords. Thus the law itself had been made an instrument of oppression, and the better order of gentlemen, who would have seen justice enforced had they been able, found themselves assailed daily with "piteous complaints" which they had no power to satisfy.[91] The occupation of the council with the larger questions of the Church had left them too little leisure to attend to these disorders. Cromwell's occasional and abrupt interference had created irritation, but no improvement; and mischiefs of all kinds had grown unheeded till the summer of 1536, when a fresh list of grievances, some real, some imaginary, brought the crisis to a head.