SECTION III.

MODIFICATION OF THE SYSTEM IN ENGLAND.

It was transplanted hither from Normandy, by William the Conqueror.

Some customs of a feudal character existed here among our Anglo-Saxon

ancestry, but they were not moulded into a system. The strong arm of

William bent the English constitution into the feudal shape; but,

happily, it had an elasticity as great as that of his own bow, and at

length regained its wonted liberty. He took care to employ feudalism

so as to make it subservient, as much as possible, to the

establishment of his own authority, and so as to avoid the evils by

which it beset and limited the French monarchy. In France the barons

were almost independent sovereigns, and the king had but little

power, save in his own immediate domains. But when William divided

the broad lands of England among his followers, he innovated upon the

French system. In France, it was held as a doctrine, that an oath of

allegiance was due from the vassal to his immediate lord, and to no

other. But William, as sagacious in the cabinet as he was valorous

in the field, required that all the land-owners of England, whether

sub-tenants, or tenants in chief, should swear fealty to him as their

sovereign. In England, then, the vassal was not exclusively

dependent on his lord; he was dependent also on his prince; hence,

allegiance was divided, and consequently the barons' power was

lessened. The judicial institutions of England were also different

from those of France. In the latter country, the baron was the chief

justice in his own province, and all were bound to submit to his

authority; but in England, besides the baron's court, there were the

old Saxon county courts, where the freeholders and the barons were

required to assist the sheriffs in the administration of justice;

and, supreme over the whole, there was the king's court, (whose

judges were afterwards made itinerant,) appointed to give sentence

even among the barons, and to receive appeals from the courts below;

so that all judicial power was gradually drawn from the Anglo-Norman

barons, and grasped by the strong hand of royalty. It is further to

be observed, that the largest fiefs under the English crown, were far

inferior in extent to some held under the crown of France; and that,

while the latter were compact, the former were scattered through

several counties. The English baronies were consequently far more

feeble than those on the other side the channel, and hence our feudal

monarchy under the Normans and the first Plantagenets was in a much

more palmy state than the feudal monarchy of our neighbours under the

early princes of the house of Capet. Louis VI. and VII. had but the

shadow of royalty; the Williams and the early Henries grasped a real

sceptre. It may seem inconsistent with this that at the period in

question the French monarch ruled without a parliament, while the

Norman princes convoked the peers of the realm to aid them in

conducting affairs; but this very difference, in fact, arose from the

independence of the French and the subjection of the English crown

vassals. The barons of France cared not to attend upon the king's

council, since no law emanating thence could bind them without their

personal consent; but the barons of England were constrained to

attend upon the royal summons, for if they remained absent, they were

still bound to obey any laws that might be made. Another

characteristic of English feudalism remains to be noticed. In

addition to the usual feudal incidents, such as reliefs, fines,

alienations, and aids, two other customs, which probably had before

existed in Normandy, prevailed in England. These were, certain

claims connected with wardship and marriage. The lord of the fief

was the guardian of the heir during his minority; he had the custody

of his person and his lands, without rendering any account of the use

made of the profits. In the case of a male, the guardianship

continued till the minor arrived at the age of twenty-one; in the

case of a female, it terminated at the age of fourteen, when the

young lady could marry, and her husband do suit and service for her.

But before she attained that age, her lord could offer her in

marriage to whom he pleased, provided it was without disparagement or

inequality of rank; and if she refused the alliance, she had to

forfeit from her estate just so much as the person to whom her hand

had been offered would have given for the match. The penalty was

still more severe if she married without the baron's consent; for, in

that case, a fine, equal to double what an alliance with her was

valued at, was exacted by her ruthless sovereign. In addition to all

this, the feudal lord in England extended his authority over the

daughters of all his vassals, not allowing any of them to be married

but on condition of the payment of a certain sum; so that marriages

yielded him an abundant harvest of revenue.

These incidents were, obviously, oppressive to no small degree. They

fell with especial weight on the immediate tenants of the crown; and

so intolerable were the exactions of royalty, so rapacious and unjust

was the whole of the regal administration, from William to John,

that, at length, the system could be endured no longer; and though,

singly, the English barons might be weak, united, they formed an

effectual breakwater against the proud surges of monarchical

oppression, and obtained the grand palladium of English liberty, the

great charter. That venerable instrument materially modified the

feudal demands, limiting reliefs to a certain sum, restraining the

wastes committed by guardians in chivalry, forbidding the

disparagement of female wards in matrimony, and securing widows from

compulsory marriages. Beside these special provisions, in reference

to feudal claims, the principles of our constitution which are there

laid down, such as the _habeas corpus_, trial by jury, and the

necessity of the people's consent to their own taxation, tended to

modify the working of feudalism; in short, they struck at its vital

principle, drained out its very life blood, and left it slowly to

expire. The charter was admirably contrived; its principles were

slowly developed. "Its effect," says Mackintosh, "was not altogether

unlike the grand process by which nature employs snows and frosts to

cover her delicate germs, and to hinder them from rising above the

earth, till the atmosphere has acquired the mild and equal

temperature which insures them against blights."

Feudalism is a system which has borne a conspicuous part in the

civilisation of Europe. It has left a visible impression on the laws

and habits of our own country. We find its remains, we feel its

lingering power in various directions. The lawyer traces its

influence on our jurisprudence; the statesman sees its impress on our

constitution; the antiquary recognises its relics in many of our

customs; and the philosopher detects its spirit as an element in the

mass of society, which has not yet lost all its power. As the

disintegrated portions of primary rocks may be discovered in recently

formed strata--as fragments of ancient structures may be sometimes

seen wrought up in buildings of modern date; so portions of the

feudal system may be discovered in our present laws and institutions,

and may be seen staring forth in the political and social fabric of

the present day.

Glimpses of the dark ages · 第 3 / 5 章