The form of oaths for compurgation were specified for theft of cattle,

unsoundness of property bought, and money owed for a sale. The defendant

denied the accusation by sweating that "By the Lord, I am guiltless,

both in deed and counsel, and of the charge of which ... accuses me." A

compurgator swore that "By the Lord, the oath is clean and unperjured

which ... has sworn.". A witness swore that "In the name of Almighty

God, as I here for ... in true witness stand, unbidden and unbought, so

I with my eyes oversaw, and with my ears overheard, that which I with

him say."

If a theow man was guilty at the ordeal, he was not only to give

compensation, but was to be scourged thrice, or a second geld be given;

and be the wite of half value for theows.

- - - Chapter 4 - - -

- The Times: 1066-1100 -

William came from Normandy to conquer England. He claimed that the

former King, Edward, the Confessor, had promised the throne to him when

they were growing up together in Normandy, if Edward became King of

England and had no children. The Conquerer's men and horses came in

boats powered by oars and sails. The conquest did not take long because

of the superiority of his military expertise to that of the English. He

organized his army into three groups: archers with bows and arrows,

horsemen with swords and stirrups, and footmen with hand weapons. Each

group played a specific role in a strategy planned in advance. The

English army was only composed of footmen with hand weapons such as

spears and shields. They fought in a line holding up their shields to

overlap each other and form a shieldwall. The defeat of the English was

thought to have been presaged by a comet.

At Westminster, he made an oath to defend God's holy churches and their

rulers, to rule the whole people subject to him with righteousness and

royal providence, to enact and hold fast right law, and to utterly

forbid rapine and unrighteous judgments. This was in keeping with the

traditional oath of a new king.

Declaring the English who fought against him to be traitors, the

Conquerer declared their land confiscated. But he allowed those who were

willing to acknowledge him to redeem their land by a payment of money.

As William conquered the land of the realm, he parceled it out among the

barons who fought with him so that each baron was given the holdings of

an Anglo-Saxon predecessor, scattered though they were. The barons again

made oaths of personal loyalty to him [fealty]. They agreed to hold the

land as his vassals with future military services to him and receipt of

his protection. They gave him homage by placing their hands within his

and saying "I become your man for the tenement I hold of you, and I will

bear you faith in life and member [limb] and earthly honor against all

men". They held their land "of their lord", the King, by knight's

service. The king had "enfeoffed" them [given them a fief: a source of

income] with land. The theory that by right all land was the King's and

that land was held by others only at his gift and in return for

specified service was new to English thought. The original duration of a

knight's fee until about 1100 was for his life; thereafter it was

heritable. The word "knight" came to replace the word "thegn" as a

person who received his position and land by fighting for the King. The

exact obligation of knight's service was to furnish a fully armed

horseman to serve at his own expense for forty days in the year. This

service was not limited to defense of the country, but included fighting

abroad. The baron led his own knights under his banner. The foot

soldiers were from the fyrd or were mercenaries. Every free man was

sworn to join in the defense of the king, his lands and his honor,

within England and without.

The Saxon governing class was destroyed. The independent power of

earls, who had been drawn from three great family houses, was curtailed.

Most died or fled the country. Some men were allowed to redeem their

land by money payment if they showed loyalty to the Conquerer. Well-born

women crowded into nunneries to escape Norman violence. The people were

deprived of their most popular leaders, who were excluded from all

positions of trust and profit, especially all the clergy. The earldoms

became fiefs instead of magistracies.

The Conquerer was a stern and fierce man and ruled as an autocrat by

terror. Whenever the people revolted or resisted his mandates, he seized

their lands or destroyed the crops and laid waste the countryside and so

that they starved to death. This example pacified others. His rule was

strong, resolute, wise, and wary. He was not arbitrary or oppressive.

The Conquerer had a strict system of policing the nation. Instead of the

Anglo-Saxon self-government throughout the districts and hundreds of

resident authorities in local courts, he aimed at substituting for it

the absolute rule of the barons under military rule so favorable to the

centralizing power of the Crown. He used secret police and spies and the

terrorism this system involved. This especially curbed the minor barons

and preserved the public peace.

The English people, who outnumbered the Normans by 300 to 1, were

disarmed. Curfew bells were rung at 7:00 PM when everyone had to remain

in their own dwellings on pain of death and all fires and candles were

to be put out. This prevented any nightly gatherings, assassinations, or

seditions. Order was brought to the kingdom so that no man dare kill

another, no matter how great the injury he had received. The Conquerer

extended the King's peace on the highways, i.e. roads on high ground, to

include the whole nation. Any individual of any rank could travel from

end to end of the land unharmed. Before, prudent travelers would travel

only in groups of twenty.

The barons subjugated the English who were on their newly acquired

land. There began a hierarchy of seisin [rightful occupation] of land so

that there could be no land without its lord. Also, every lord had a

superior lord with the king as the overlord or supreme landlord. One

piece of land may be held by several tenures. For instance, A, holding

by barons' service of the King, may enfeoff B, a church, to hold of him

on the terms of praying for the souls of his ancestors, and B may

enfeoff a freeman C to hold of the church by giving it a certain

percentage of his crops every year. There were about 200 barons who held

land directly of the King. Other fighting men were the knights, who were

tenants or subtenants of a baron. Knighthood began as a reward for valor

on the field of battle by the king or a noble. The value of a knight's

fee was 400s. [20 pounds] per year. Altogether there were about 5000

fighting men holding land.

The essence of Norman feudalism was that the land remained under the

lord, whatever the vassal might do. The lord had the duty to defend the

vassals on his land. The vassal owed military service to the lord and

also the service of attending the courts of the hundred and the county

[formerly "shire"], which were courts of the King, administering old

customary law. They were the King's courts on the principle that a crime

anywhere was a breach of the King's peace. The King's peace that had

covered his residence and household had extended to places where he

might travel, such as highways, rivers, bridges, churches, monasteries,

markets, and towns, and then encompassed every place, replacing the

general public peace. Infraction of the King's peace incurred fines to

the King.

This feudal bond based on occupancy of land rather than on personal

ties was uniform throughout the realm. No longer could a man choose his

lord and transfer his land with him to a new lord. He held his land at

the will of his lord, to be terminated anytime the lord decided to do

so. A tenant could not alienate his land without permission of his lord.

In later eras, tenancies would be held for the life of the tenant, and

even later, for his life and those of his heirs.

This uniformity of land organization plus the new requirement that

every freeman take an oath of loyalty directly to the king to assist him

in preserving his lands and honor and defending him against his enemies,

which oath would supersede any oath to any other man, gave the nation a

new unity. The king could call men directly to the fyrd, summon them to

his court, and tax them without intervention of their lords. And the

people learned to look to the king for protection from abuse by their

lords.

English villani, bordarii, cottarii, and servi on the land of the

barons were subjugated into a condition of "villeinage" servitude and

became "tied to the land" so that they could not leave the land without

their lord's permission, except to go on a pilgrimage. The villeins

formed a new bottom class as the population's percentage of slaves

declined dramatically. They held their land of their lord, the baron. To

guard against uprisings of the conquered people, the barons used villein

labor to build about a hundred great stone castles, with moats and walls

with towers around them, at easily defensible positions such as hilltops

all over the nation.

A castle could be built only with permission of the King. A typical

castle had a stone building of about four floors [a keep] on a small,

steep hill. Later it also had an open area surrounded by a stone

curtain-wall with towers at the corners. Around the outside of the wall

were ditches and banks and perhaps a moat. One traveled over these via a

drawbridge let down at the gatehouse of the enclosing wall. On either

side of the gatehouse were chambers for the guards. Arrows could be shot

through slits in the enclosing walls. Inside the enclosed area might be

stables, a granary, barracks for the soldiers, and workshops. The only

winter feed was hay, for which the horses, breeding animals, milkcow,

and workoxen had a priority over other animals. The bulk of the cattle

were usually slaughtered and salted.

The castle building typically was entered by an outer wood staircase to

the guard room on the second floor. The first [ground] floor had a well

and was used as a storehouse and/or dungeons for prisoners. The second

floor had a two-storied great hall, with small rooms and aisles around

it within the thick walls. There was also a chapel area on the second

floor. There were small areas of the third floor which could be used for

sleeping. The floors were wood and were reached by a spiral stone

staircase in one corner of the building. Sometimes there was a reservoir

of water on an upper level with pipes carrying the water to floors

below. Each floor had a fireplace with a slanted flue going through the

wall to the outside. There were latrines in the corner walls with a pit

or shaft down the exterior of the wall, sometimes to the moat. Furs and

wool clothes were hung on the walls there in the summer to deter the

moths. The first floor had only arrow slits in the walls, but the higher

floors had small windows.

Some curtain-wall castles did not have a central building. In these,

the hall was built along the inside of the walls, as were other

continuous buildings. The kitchens and chapels were in the towers.

Lodgings were in buildings along the curtain-walls, or on several floors

of the towers.

The great hall was the main room of the castle. The hall was used for

meals and meetings at which the lord received homages, recovered fees,

and held the view of frankpledge [free pledge in Latin], in which

freemen agreed to be sureties for each other. At the main table, the

lord and his lady sat on benches with backs or chairs. The table was

covered first with a wool cloth that reached to the floor, and then by a

smaller white linen cloth. Everyone else sat on benches at trestle

tables, which consisted of planks on trestles and could be dismantled,

e.g. at night. Over the main door were the family arms. On the walls

were swords ready for instant use. On the upper parts of the walls could

be fox skins and perhaps a polecat skin, and keepers' and huntsmen's

poles. There were often hawk perches overhead. At the midday dinner,

courses were ceremonially brought in to music, and ritual bows were made

to the lord. The food at the head table was often tasted first by a

servant as a precaution against poison. Hounds, spaniels, and terriers

lay near the hearth and cats, often with litters, nestled nearby. They

might share in dinner, but the lord may keep a short stick near him to

defend morsels he meant for himself. Hunting, dove cotes, and carp pools

provided fresh meat. Fish was compulsory eating on Fridays, on fast

days, and during Lent. Cooking was done outside on an open fire,

roasting on spits and boiling in pots. Some spits were mechanized with a

cogged wheel and a weight at the end of a string. Other spits were

turned by a long handle, or a small boy shielded from the heat by a wet

blanket, or by dogs on a treadmill. Underneath the spit was a dripping

pan to hold the falling juices and fat. Mutton fat was used for candles.

Bread, pies, and pastry dishes were baked in an oven: a hole in a

fireproof stone wall fitted with an iron door, in which wood was first

burnt to heat the oven walls. It could also be used for drying fruit or

melting tallow. Fruits were also preserved in honey. Salt was stored in

a niche in the wall near the hearth and put on the table in a salt

cellar which became more elaborate over the years. Salt was very

valuable and gave rise to the praise of a man as the salt of the earth.

Costly imported spices such as cinnamon, cloves, nutmeg, ginger, pepper,

and a small quantity of sugar were kept in chests. Pepper was always on

the table to disguise the taste of tainted meat. Spices were tried for

medicinal use. Drinks included wine, ale, cider from apples, perry from

pears, and mead. People carried and used their own knives. There were no

forks. Spoons were of silver or wood. People also ate with their fingers

and washed their hands before and after meals. It was impolite to dig

into the salt bowl with a knife not previously wiped on bread or napkin,

which was linen. It was unmannerly to wipe one's knife or one's greasy

fingers on the tablecloth or, to use the tablecloth to blow one's nose.

Feasts were stately occasions with costly tables and splendid apparel.

There were practical jokes, innocent frolics, and witty verbal debating

with repartee. They played chess, checkers, and various games with cards

and dice. Most people could sing and some could play the lute.

Lighting of the hall at night was by oil lamps or candles on stands or

on wall fixtures. For outside activities, a lantern [a candle shielded

by a metal cage with panels of finely shaved horn: lant horn] was used.

The residence of the lord's family and guests was at a screened off area

at the extreme end of the hall or on a higher floor. Chests stored

garments and jewels. Iron keys and locks were used for chests and doors.

The great bed had a wooden frame and springs made of interlaced rope or

strips of leather. It was covered with a feather mattress, sheets,

quilts, fur covers, and pillows. Drapery around the bed kept out cold

drafts and provided privacy. There was a water bowl for washing in the

morning. A chamber pot was kept under the bed for nighttime use. Hay was

used as toilet paper. The lord's personal servants slept nearby on

benches or trundle beds. Most of the gentlemen servants slept communally

in a "knight's chamber". The floor of the hall was strewn with straw, on

which common folk could sleep at night. There were stools on which to

sit. Cup boards (boards on which to store cups) and chests stored spices

and plate. One-piece iron shears were available to cut cloth. Handheld

spindles were used for weaving; one hand held the spindle [a small stick

weighted at one end] while the other hand alternately formed the thread

and wound it around the spindle. On the roofs there were rampart walks

for sentry patrols and parapets from which to shoot arrows or throw

things at besiegers. Each tenant of the demesne of the king where he had

a castle had to perform a certain amount of castle guard duty for its

continuing defense. These knights performing castle-guard duty slept at

their posts. Bathing was done in a wooden tub located in the garden in

the summer and indoors near the fire in winter. The great bed and tub

for bathing were taken on trips with the lord. The entire household was

of men, except for the lord's lady with a few lady companions. The

ladies rode pillion [on a cushion behind the saddle] or in litters

suspended between two horses.

Markets grew up outside castle walls. Any trade on a lord's land was

subject to "passage", a payment on goods passing through, "stallage", a

payment for setting up a stall or booth in a market, and "pontage", a

payment for taking goods across a bridge.

The Norman man was clean shaven on his face and around his ears and at

the nape of the neck. His hair was short. He wore a long- sleeved

under-tunic of linen or wool that reached to his ankles. Over this the

Norman noble wore a tunic without sleeves, open at the sides, and

fastened with a belt. Over one shoulder was his cloak, which was

fastened on the opposite shoulder by being drawn through a ring brooch

and knotted. He wore tight thick cloth stockings to protect him from the

mud and leather shoes. Common men wore durable, but drab, wool tunics to

the knee so as not to impede them in their work. They could roll up

their stockings when working in the fields. A lady wore a high-necked,

long- sleeved linen or wool tunic fitted at the waist and laced at the

side, but full in the skirt, which reached to her toes. She wore a

jeweled belt, passed twice around her waist and knotted in front. Her

hair was often in two long braids, and her head and ears covered with a

white round cloth held in place by a metal circlet like a small crown.

Its ends were wound around her neck. In winter, she wore over her tunic

a cloak edged or lined with fur and fastened at the front with a cord.

Clothes of both men and ladies were brightly colored by dyes or

embroidery. The Norman knight wore an over-tunic of leather or heavy

linen on which were sewn flat rings of iron and a conical iron helmet

with nose cover. He wore a sword at his waist and a metal shield on his

back, or he wore his sword and his accompanying retainers carried spear

and shield.

Norman customs were adopted by the nation. As a whole, Anglo-Saxon men

shaved their beards and whiskers from their faces, but they kept their

custom of long hair flowing from their heads. But a few kept their

whiskers and beards in protest of the Normans. Everyone had a permanent

surname indicating parentage, place of birth, or residence, such as

Field, Pitt, Lane, Bridge, Ford, Stone, Burn, Church, Hill, Brook,

Green. Other names came from occupations such as Shepherd, Carter,

Parker, Fowler, Hunter, Forester, Smith. Still other came from personal

characteristics such as Black, Brown, and White, Short, Round, and Long.

Some took their names from animals such as Wolf, Fox, Lamb, Bull, Hogg,

Sparrow, Crow, and Swan. Others were called after the men they served,

such as King, Bishop, Abbot, Prior, Knight. A man's surname was passed

on to his son.

Those few coerls whose land was not taken by a baron remained free and

held their land "in socage" and became known as sokemen. They were not

fighting men, and did not give homage, but might give fealty, i.e.

fidelity. Many free sokemen were caught up in the subjugation by baron

landlords and were reduced almost to the condition of the unfree

villein. The services they performed for their lords were often

indistinguishable. They might also hold their land by villein tenure,

although free as a person with the legal rights of a freeman. The

freeman still had a place in court proceedings which the unfree villein

did not.

Great stone cathedrals were built in fortified towns for the

Conquerer's Norman bishops, who replaced the English bishops. Most of

the existing and new monasteries functioned as training grounds for

scholars, bishops, and statesmen rather than as retreats from the

world's problems to the security of religious observance. The number of

monks grew as the best minds were recruited into the monasteries.

The Conquerer made the church subordinate to him. Bishops were elected

only subject to the King's consent. The bishops had to accept the status

of barons. Homage was exacted from them before they were consecrated,

and fealty and an oath afterward. The Conquerer imposed knight's service

on bishoprics, abbeys, and monasteries, which was usually commuted to a

monetary amount. Bishops had to attend the King's court. Bishops could

not leave the realm without the King's consent. No royal tenant or royal

servant could be excommunicated, nor his lands be placed under

interdict, without the King's consent. Interdict could demand, for

instance, that the church be closed and the dead buried in unconsecrated

ground. No church rules could be made without his agreement to their

terms. No letters from the pope could be received without the King's

permission. The Archbishop of Canterbury was still recognized as a

primary advisor to the king. Over the years, the selection for this

office frequently became a source of contention among king, pope, and

clergy.

Men continued to give land to the church for their souls, such as this

grant which started the town of Sandwich: "William, King of the English,

to Lanfranc the Archbishop and Hugoni de Montfort and Richard son of

Earl Gilbert and Haimo the sheriff and all the thegns of Kent, French

and English, greeting. Know ye that the Bishop of Bayeux my brother for

the love of God and for the salvation of my soul and his own, has given

to St. Trinity all houses with their appurtenances which he has at

Sandwich and that he has given what he has given by my license." Many

private owners of churches gave them to cathedrals or monastic

communities, partly to ensure their long term survival, and partly

because of church pressure.

When the land was all divided out, the barons had about 3/7 of it and

the church about 2/7. Most of the barons had been royal servants. The

king retained about 2/7, including forests for hunting, for himself and

his family and household, on which he built many royal castles and

hundreds of manor [large private estate headed by a lord] houses

throughout the nation. He built the massive White Tower in London. It

was tall with four turrets on top, and commanded a view of the river and

bridge, the city and the surrounding countryside. The only windows were

slits from which arrows could be shot. On the fourth and top floor was

the council chamber and the gallery of the chapel. On the third floor

was the banqueting hall, the sword room, and the chapel. The king and

his household slept in apartments on these upper floors. Stairs went up

to the gateway entrance on the second floor, which were hidden by a

wall. The garrison's barracks were on the first floor (ground floor).

Any prisoners were kept in cells at a level below the first floor. The

other castles were often built at the old fortification burhs of Alfred.

Each had a constable in charge, who was a baron. Barons and earls had

castle-guard duty in the king's castles. The Conquerer was constantly

moving about the land among his and his barons' castles, where he met

with his magnates and conducted public business, such as deciding

disputes about holding of land. Near his own castles and other of his

property, he designated many areas as royal hunting forests. Anyone who

killed a deer in these forests was mutilated, for instance by blinding.

People living within the boundaries of the designated forestland could

no longer go into nearby woods to get meat or honey, dead wood for

firing, or live wood for building. Swineherds could no longer drive pigs

into these woods to eat acorns they beat down from oak trees. Making

clearings and grazing livestock in the designated forestland were

prohibited. Most of the nation was either wooded or bog at this time.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 6 / 67 段