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. His rule was

strong, resolute, wise, and wary because he had learned to command

himself as well as other men. 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; otherwise the

entire household was of men. 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 also 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, 596 to King George III, 1775 · 第 6 / 67 段