At first sight this 'five hide rule' may seem to have in it little that

is akin to a feudal system of knights' fees. We may suppose that it will

work thus:--The host is summoned; the number of hides in each hundred is

known. To despatch a company of soldiers proportioned to the number of

the hides, for example twenty warriors if the hundred contains just one

hundred hides, is the business of the hundred court and the question

'Who must go?' will be answered by election, rotation or lot. But it is

not probable that the territorializing process will stop here, and this

for several reasons. An army that can not be mobilized without the

action of the hundred moots is not a handy force. While the hundredors

are deliberating the Danes or Welshmen will be burning and slaying. Also

a king will not easily be content with the responsibility of a

fluctuating and indeterminate body of hundredors; he will insist, if he

can, that there must be some one person answerable to him for each unit

of military power. A serviceable system will not have been established

until the country is divided into 'five-hide-units,' until every man's

holding is such an unit, or is composed of several such units, or is an

aliquot share of such an unit. Then again the holdings with which the

rule will have to deal are not homogeneous; they are not all of one and

the same order. It is not as though to each plot of land there

corresponded some one person who was the only person interested in it;

the occupiers of the soil have lords and again those lords have lords.

The king will insist, if he can, that the lords who stand high in this

scale must answer to him for the service that is due from all the lands

over which they exercise a dominion, and then he will leave them free to

settle, as between themselves and their dependants, the ultimate

incidence of the burden:--thus room will be made for the play of free

contract. At all events when, as is not unusual, some lord is the lord

of a whole hundred and of its court, the king will regard him as

personally liable for the production of the whole contingent that is due

from that hundred. In this way a system will be evolved which for many

practical purposes will be indistinguishable from the system of knights'

fees, and all this without any help from the definitely feudal idea

that military service is the return which the tenant makes to the lord

for the gift of land that the lord has made to the tenant.

[Feudalism and army service.]

That this process had already done much of its work when the old English

army received its last summons, we can not doubt, though it is very

possible that this work had been done sporadically. We see that the land

was being plotted out into five-hide-units. In one passage the Norman

clerks call such a unit an honour, an 'honour of five hides[652].' There

is an old theory based upon legal texts that such an honour qualifies

its lord or owner to be a thegn. If a ceorl prospers so that he has five

hides 'to the king's útware,' that is, an estate rated as five hides for

military purposes, he is worthy of a thegn's wergild[653]. Then the

Anglo-Saxon charters show us how the kings have been endowing their

thegns with tracts of territory which are deemed to contain just five or

some multiple of five hides[654]. The thegn with five hides will have

tenants below him; but none of them need serve in the host if their lord

goes, as he ought to go, in person. Then each of these territorial units

continues to owe the same quantum of military service, though the number

of persons interested in it be increased or diminished, and thus the

ultimate incidence of the duty becomes the subject-matter of private

arrangements. That is the point of a story from Lincolnshire which we

have already recounted:--A man's land descends to his four sons; they

divide it equally and agree to take turns in doing the military service

that is due from it; but only the eldest of them is to be the king's

man[655]. Then we see that the great nobles lead or send to the war all

the _milites_ that are due from the lands over which they have a

seignory. There are already wide lands which owe military service--we

can not put it otherwise--to the bishop of Winchester as lord of

Taunton:--they owe 'attendance in the host along with the men of the

bishop[656].' The churches of Worcester and Evesham fell out about

certain lands at Hamton; one of the disputed questions was whether or

no Hamton ought to do its military service 'in the bishop's hundred of

Oswaldslaw' or elsewhere[657]. This question we take to be one of great

importance to the bishop. Lord of the triple hundred of Oswaldslaw, lord

of three hundred hides, he is bound to put sixty warriors into the field

and he is anxious that men who ought to be helping him to make up this

tale shall not be serving in another contingent.

[Default of service.]

But from Worcestershire we obtain a still more precious piece of

information. The custom of that county is this:--When the king summons

the host and his summons is disregarded by one who is a lord with

jurisdiction, 'by one who is so free a man that he has sake and soke and

can go with his land where he pleases,' then all his lands are in the

king's mercy. But if the defaulter be the man of another lord and the

lord sends a substitute in his stead, then he, the defaulter, must pay

forty shillings to his lord,--to his lord, not to the king, for the king

has had the service that was due; but if the lord does not send a

substitute, then the forty shillings which the defaulter pays to the

lord, the lord must pay to the king[658]. A feudalist of the straiter

sort might well find fault with this rule. He might object that the lord

ought to forfeit his land, not only if he himself fails to attend the

host, but also if he fails to bring with him his due tale of _milites_.

Feudalism was not perfected in a day. Still here we have the root of the

matter--the lord is bound to bring into the field a certain number of

_milites_, perhaps one man from every five hides, and if he can not

bring those who are bound to follow him, he must bring others or pay a

fine. His man, on the other hand, is bound to him and is not bound to

the king. That man by shirking his duty will commit no offence against

the king. The king is ceasing to care about the ultimate incidence of

the military burden, because he relies upon the responsibility of the

magnates. How this system worked in the eastern counties where the power

of the magnates was feebler, we can not tell. It is not improbable that

one of the forces that is attaching the small free proprietors to the

manors of their lords is this 'five hide rule'; they are being compelled

to bring their acres into five-hide-units, to club together under the

superintendence of a lord who will answer for them to the king, while as

to the villeins, so seldom have they fought that they are ceasing to be

'fyrd-worthy[659].' But in the west we have already what in substance

are knights' fees. The Bishop of Worcester held 300 hides over which he

had sake and soke and all customs; he was bound to put 60 _milites_ into

the field; if he failed in this duty he had to pay 40 shillings for each

deficient _miles_. At the beginning of Henry II.'s reign he was charged

with 60 knights' fees[660].

[The new military service.]

We are not doubting that the Conqueror defined the amount of military

service that was to be due to him from each of his tenants in chief, nor

are we suggesting that he paid respect to the rule about the five hides,

but it seems questionable whether he introduced any very new principle.

A new theoretic element may come to the front, a contractual

element:--the tenant in chief must bring up his knights because that is

the service that was stipulated for when he received his land. But we

cannot say that even this theory was unfamiliar to the English. The

rulers of the churches had been giving or 'loaning' lands to thegns. In

so doing they had not been dissipating the wealth of the saints without

receiving some 'valuable consideration' for the gift or the loan

(_lǽn_); they looked to their thegns for the military service that

their land owed to the king. To this point we must return in our next

essay; but quite apart from definitely feudal bargains between the king

and his magnates, between the magnates and their dependants, a

definition of the duty of military service which connects it with the

ownership of land (and to such a definition men will come so soon as the

well-armed few can defeat the ill-armed many) will naturally produce a

state of things which will be patient of, even if it will not engender,

a purely feudal explanation. If one of the men to whom the Bishop of

Worcester looks for military service makes a default, the fine that is

due from him will go to the bishop, not to the king. Why so? One

explanation will be that the bishop has over him a sake and soke of the

very highest order, which comprehends even that _fyrd-wíte_, that fine

for the neglect of military duty, which is one of the usually reserved

pleas of the crown[661]. Another explanation will be that this man has

broken a contract that he made with the bishop and therefore owes amends

to the bishop:--to the bishop, not to the king, who was no party to the

contract. Sometimes the one explanation will be the truer, sometimes the

other. Sometimes both will be true enough. As a matter of fact, we

believe that these men of the Bishop of Worcester or their predecessors

in title have solemnly promised to do whatever service the king demands

from the bishop[662]. Still we can hardly doubt which of the two

explanations is the older, and, if we attribute to the Norman invaders,

as perhaps we may, a definite apprehension of the theory that knight's

service is the outcome of feudal compacts, this still leaves open the

inquiry whether the past history of military service in Frankland had

not been very like the past history of military service in England.

Already in the days of Charles the Great the duty of fighting the

Emperor's battles was being bound up with the tenure of land by the

operation of a rule very similar to that of which we have been speaking.

The owner of three (at a later time of four) manses was to serve; men

who held but a manse apiece were to group themselves together to supply

soldiers. Then at a later time the feudal theory of free contract was

brought in to explain an already existing state of things[663].

[The thegns.]

Closely connected with this matter is another thorny topic, namely, the

status of the thegn and the relation of the thegn to his lord. In the

Confessor's day many _maneria_ had been held by thegns; some of them

were still holding their lands when the survey was made and were still

called thegns. The king's thegns were numerous, but the queen also had

thegns, the earls had thegns, the churches had thegns and we find thegns

ascribed to men who were neither earls nor prelates but themselves were

thegns[664]. Many of the king's thegns were able to give or sell the

lands that they held, 'to go to whatever lord they pleased[665].' On the

other hand, many of the thegns of the churches held lands which they

could not 'withdraw' from the churches[666]; in other words 'the

thegn-lands' of the church could not be separated from the church[667].

The Conqueror respected the bond that tied them to the church. The Abbot

of Ely complained to him that the foreigners had been abstracting the

lands of St. Etheldreda. His answer was that her demesne manors must at

once be given back to her, while as for the men who have occupied her

thegnlands, they must either make their peace with the abbot or

surrender their holdings[668]. Thus the abbot seems to have had the

benefit of that forfeiture which his thegns incurred by espousing the

cause of Harold. We see therefore that the relation between thegn, lord

and land varied from case to case. The land might have proceeded from

the lord and be held of the lord by the thegn as a perpetually

inheritable estate, or as an estate granted to him for life, or granted

to him and two successive heirs[669]; on the other hand, the lord's hold

over the land might be slight and the bond between thegn and lord might

be a mere commendation which the thegn could at any time dissolve.

Again, the relation between thegn and lord is no longer conceived as a

menial, 'serviential' or ministerial relation. The _Taini Regis_ are

often contrasted with the _Servientes Regis_[670]. The one trait of

thegnship which comes out clearly on the face of our record is that the

thegn is a man of war[671]. But even this trait is obscured by language

which seems to show that there has been a great redistribution of

military service. Though there is no Latin word that will translate

_thegn_ except _miles_, though these two terms are never contrasted with

each other, and though there are thegns still existing, still of these

two terms one belongs to the old, the other to the new order of

things[672]. Thus thegnship is already becoming antiquated and we are

left to guess from older dooms and later Leges what was its essence in

the days of King Edward.

[Nature of thegnship.]

The task is difficult for we can see that this institution has undergone

many changes in the course of a long history and yet can not tell how

much has remained unchanged. We begin by thinking of thegnship as a

relation between two men. The thegn is somebody's thegn. The household

of the great man, but more especially the king's household, is the

cradle of thegnship. The king's thegns are his free servants--servants

but also companions. In peace they have duties to perform about his

court and about his person; they are his body-guard in war. Then the

king--and other great lords follow his example--begins to give lands to

his thegns, and thus the nature of the thegnship is modified. The thegn

no longer lives in his lord's court; he is a warrior endowed with land.

Then the thegnship becomes more than a relationship, it becomes a

status. The thegn is a 'twelve hundred man'; his wergild and his oath

countervail those of six ceorls. This status seems to be hereditary; the

thegn's sons are 'dearer born' than are the sons of the ceorl[673]. But

we can not tell how far this principle is carried. We can not easily

reconcile this hereditary transmission of thegn-right with the original

principle that thegnship is a relation between two men. We may have

thegns who are nobody's thegns, or else we may have persons entitled to

the thegnly wergild who yet are not thegns. What is more, since the law

which regulates the inheritance of land does not favour the first-born,

we may have poor thegns and landless thegns. Yet another principle comes

into play. A duty of finding well armed warriors for the host is being

territorialized; every five hides should find a soldier. The thegn from

of old has to attend the host with adequate equipment; the men who under

the new system have to attend the host with horse and heavy armour are

usually thegns. Then the man who has five hides, and who therefore ought

to put a warrior into the field, is a thegn or is entitled to be a

thegn. The ceorl obtains the thegnly wergild if he has an estate rated

for military purposes at five hides. Another version of this tradition

requires of the ceorl who 'thrives to thegn-right' five hides of his own

land, a church, a kitchen, a house in the _burh_, a special office in

the king's hall. To be 'worthy of thegn-right' may be one thing, to be a

thegn, another. To be a thegn one must be some one's thegn. The

prosperous ceorl will be no thegn until he has put himself under some

lord. But the bond between him and his lord may be dissoluble at will

and may hardly affect his land. It is, we repeat, very difficult to

discover how these various principles were working together, checking

and controlling each other in the first half of the eleventh century.

Several inconsistent elements seem to be blended. There is the element

of hereditary caste:--the thegn transmits thegnly blood to his

offspring. There is the element of personal relationship:--he is the

thegn of some lord and owes fealty to that lord. There is the military

element:--he is a warrior who has horse and heavy armour and is bound to

fight the nation's battles. Connected with this last there is the

proprietary element:--each five hides must send a warrior to the host;

the man with five hides is entitled to become, perhaps he may be

compelled to become a thegn, a warrior[674].

[The thegns of Domesday.]

On the whole, we gather from Domesday Book that the military element is

subduing the others. The thegn is the man who for one reason or another

is a warrior. For one reason or another, we say; for the class of thegns

is by no means homogeneous. On the one hand, we see the thegns of the

churches, who have been endowed by the prelates in order that they may

do the military service due from the ecclesiastical lands. Many of the

prelates have thegns, and for the creation of thegnlands by the churches

it would not be easy to find any explanation save that which we have

already found in the territorialization of military service. The thegn

might pay some annual 'recognition' to the church, he might send his

labourers to help his lord for a day or two at harvest time; but we may

be sure that he was not rack-rented and that, if military service be

left out of account, the church was a loser by endowing him. Here the

land proceeds from the lord to the thegn; the thegn can not give or sell

it; the holder of that land can have no lord but the church; if he

forfeits the land, he forfeits it to the church. But, on the other hand,

we see numerous king's thegns who are able 'to go to what lord they

please.' We may see in them landed proprietors who by the play of 'the

five hide rule' have become bound to serve as warriors. We may be fairly

certain that they have not been endowed by the king, otherwise they

would not enjoy the liberty, that marvellous liberty, of leaving him, of

putting themselves under the protection and the banner of some earl or

some prelate. Not that every thegn will (if we may borrow phrases from a

later age) possess a full 'thegn's fee' or owe the service of a whole

warrior. Large groups of thegns we may see who obviously are brothers or

cousins enjoying in undivided shares the inheritance of some dead

ancestor. They may take it in turns to go to the war; the king may hold

the eldest of them responsible for all the service; but each of them

will be called a thegn, will be entitled to a thegnly wergild and swear

a thegnly oath. Still, on the whole, the thegn of Domesday Book is a

warrior, and he holds--though perhaps along with his coparceners--land

that is bound to supply a warrior.

[Greater and lesser thegns.]

In the main all thegns seem to have the same legal status, though they

may not be all of equal rank. All of them seem to have the wergild of

twelve hundred shillings. A law of Cnut, after describing the heriot of

the earl, distinguishes two classes of thegns; there is 'the king's

thegn who is nighest to him' and whose heriot includes four horses and

50 mancuses of gold, and 'the middle thegn' or 'less thegn' from whom he

gets but one horse and one set of arms or £2.[675] This law should we

think be read in connexion with the rule that is recorded by Domesday

Book as prevailing in the shires of Derby and Nottingham:--the thegn who

had fewer than seven manors paid a relief of 3 marks to the sheriff,

while he who had seven and upwards paid £8 to the king[676]. A rude line

is drawn between the richer and the poorer thegns of the king. The

former deal immediately with the king and pay their reliefs directly to

him; the latter are under the sheriff and their reliefs are comprised in

his farm. Thus the wealthy thegns, like the _barones maiores_ of later

days, are 'nigher to' the king than are the 'less-thegns' or those

_barones minores_ who in a certain sense are their successors.

[The great lords.]

The kings, the earls and the churches have of course many demesne

manors. Of the ecclesiastical estates we shall speak in our next essay,

for they can be best examined in the light that is cast upon them by the

Anglo-Saxon charters. Here we will merely observe that some of the

churches have not only large, but well compacted territories. The abbey

of St. Etheldreda, for example, besides having outlying manors, holds

the two hundreds which make up the isle of Ely; her property in

Cambridgeshire is valued at £318[677]. The earls also are rich in

demesne manors and so is the king.

[The king as landlord.]

King William is much richer than King Edward was. The Conqueror has been

chary in appointing earls and consequently he has in his hand, not only

the royal manors, but also a great many comital manors, to say nothing

of some other estates which, for one reason or another, he has kept to

himself. Edward had been rich, but when compared with his earls he had

not been extravagantly rich. In Somersetshire, for example, there were

twelve royal manors which may have brought in a revenue of £500 or

thereabouts, while there were fifteen comital manors which were worth

nearly £300[678]. The royal demesne had been a scattered territory; the

king had something in most shires, but was far richer in some than in

others. It was not so much in the number of his manors as in their size

and value that he excelled the richest of his subjects. Somehow or

another he had acquired many of those vills which were to be the smaller

boroughs and the market towns of later days. We may well suppose that

from of old the vills that a king would wish to get and to keep would be

the flourishing vills, but again we can not doubt that many a vill has

prospered because it was the king's.

[The ancient demesne.]

Among the manors which William holds in the south-west a distinction is

drawn by the Exeter Domesday. The manors which the Confessor held are

'The King's Demesne which belongs to the kingdom,' while those which

were held by the house of Godwin are the 'Comital Manors[679].' So in

East Anglia certain manors are distinguished as pertaining or having

pertained to the kingdom or kingship, the _regnum_ or _regio_[680]. This

does not seem to have implied that they were inalienably annexed to the

crown, for King Edward had given some of them away. Neither when it

speaks of the time of William, nor when it speaks of the time of Edward,

does our record draw any clear line between those manors which the king

holds as king and those which he holds in his private capacity, though

it may just hint that certain ancient estates ought not to be alienated.

The degree in which the various manors of the crown stood outside the

national system of finance, justice and police we can not accurately

ascertain. Some, but by no means all, pay no geld. Of some it is said

that they have never paid geld. Perhaps in these ingeldable manors we

may see those which constituted the royal demesne of the West Saxon

kings at some remote date. Of the king's vill of Gomshall in Surrey it

is written: 'the villeins of this vill were free from all the affairs of

the sheriff[681],' as though it were no general truth that with a royal

manor the sheriff had nothing to do.

[The comital manors.]

Domesday Book and Beyond: Three Essays in the Early History of England · 第 17 / 56 段