William, immediately after the death of the Confessor, sent to

demand the crown, which was of course refused. He then proceeded to

collect troops, not only his own Norman feudatories, but also large

bodies of adventurers from other parts of France. Aware of the

intended invasion, Harold collected his forces, and occupied the

Southern coast. But William was so long in coming, that Harold’s

militia army, anxious to return to their agricultural works, and

straitened for food, could not be kept together. He was left

with his immediate followers, his House-carls and Thegns. Just

then, when his great host had disappeared, news was brought to him

that Tostig had invaded the North of England. Foiled in a weak

attempt upon the South near Sandwich, and refused aid by William of

Normandy, Tostig had fallen in with the fleet of Harold Hardrada,

King of Norway. This king was a great warrior, who had served

in the armies of the Byzantine Empire, and fought in Africa and

Sicily. He was easily persuaded to join Tostig, and reinforced by

the Earls of Orkney, they together sailed up the Ouse, and reached

Fulford on the way to York. Edwin and Morkere, the sons of Ælfgar,

whose sister Harold had lately married, honestly opposed them,

but after a severe battle they were beaten. Arrangements by which

the North was to join Harold Hardrada were being made at Stamford

Bridge upon the Derwent, when Harold, who had hastened with extreme

rapidity from the South, fell upon the invaders. They were taken

by surprise, and some, but slightly armed, were overcome; but the

bridge over the Derwent was held with determination, and a fierce

battle was fought on the other side. The English were entirely

triumphant, both Tostig and Harold Hardrada being slain. The

Norwegian fleet was forced to withdraw. This was on the 25th of

September.

[Sidenote: Landing of William.]

[Sidenote: Battle of Hastings. Oct. 14.]

[Sidenote: Death of Harold.]

On the 28th King William landed at Pevensey. Harold was still at

York when the news reached him. He hastily gathered what troops he

could round the nucleus of his own immediate followers who had been

with him at Stamford Bridge. All the South of England joined him

gladly, both from Wessex and East Anglia. But Edwin and Morkere,

in their jealousy of the rival house, forgot their patriotism and

Harold’s good deeds to themselves, and deserted him. With such

an army as he had, Harold took up his position upon the hill of

Senlac, where Battle Abbey now stands. This hill runs out from the

North Sussex hills southward like a peninsula. There Harold erected

palisades, and arranged his men with a view to defensive action

only. This step was rendered necessary by the difference of the

armies; the English fought all on foot, a large proportion were

irregularly armed militia, and the hand javelin--not the bow and

arrow--was their national missile. The Normans, on the other hand,

fought as chivalry on horseback, and had many archers. Once in the

plain Harold’s army might have been crushed by the charge of the

mailed cavalry. But repeated charges uphill against an entrenched

foe, stubborn and heavily armed, could not but wear out the

mounted knight. Our descriptions are all from Norman sources, and

the contrast between the religious Norman and the jovial Englishman

is fully brought out. On the one side, the night is said to have

been passed in prayer, and on the other in revelry. There were

certainly, however, priests and monks upon the side of the English,

and probably this story is a monkish exaggeration. Harold drew up

his forces with his own picked troops upon the front of the hill,

between the dragon banner of Wessex and his own banner adorned with

a fighting man. The backward curves of the hill were occupied by

his worse armed troops. He himself, with his brothers Gyrth and

Leofwine, took their place beside the standard. The French advanced

in three divisions,--the Bretons, under Alan, on the left; the

Normans, under their Duke and his two brothers, Robert and Odo,

Bishop of Bayeux, in the centre; the adventurers, under Roger

of Montgomery, on the right. They galloped forward, preceded by

Taillefer, a minstrel, tossing his sword aloft and singing songs

of Charlemagne. But their efforts were vain. The heavy axe of the

English hewed down man and horse if any reached the barricade,

and the French had to draw back. The Bretons began the flight,

and the Normans soon followed, but the English militia were not

steady enough to withstand the excitement of victory. The veteran

centre stood firm, but the troops opposed to the Bretons broke from

their position in pursuit. William saw his advantage, rallied his

troops, drove back the pursuers, and made a second vehement assault

upon the barricade. The Earls Gyrth and Leofwine were killed, the

barricade in part removed, but still Harold held his ground, and

William had to have recourse to stratagem before he could secure

a victory. His present comparative success had been caused by the

accidental over-eagerness of the English. He determined to try

whether he could not again induce them to break their line. The

Normans turned in apparent flight, the English, heated by the

long fight, rushed forward in pursuit. The Norman cavalry turned

round and rode down their pursuers, and, driving them before them,

again charged up the hill; while the archers, whose skill had been

somewhat foiled by the shields of the English, were ordered to drop

a flight of arrows upon the heads of Harold and his men. The plan

was fatally successful; the battle was still stubbornly contested,

though no longer in serried ranks, when Harold fell, pierced in the

eye by an arrow. With him disappeared all hope of English success.

His body was found, and buried under a cairn by the sea, till

afterwards removed to his minster of Waltham.

STATE OF SOCIETY

449-1066

[Sidenote: The Mark system.]

The chief interest in the Conquest is the change that it is always

said to have exercised in the character of the institutions

of England. It used to be asserted that the feudal system was

introduced, and completed as a wholly new system to the English,

after the Conquest; and Hume speaks of the division of the kingdom

into so many knights’ fiefs, into so many baronies, as if there

were complete reorganization of the whole constitution. Modern

inquiry tends to confirm what would naturally have been supposed,

that the whole of the elements of the feudal system existed in

England as in other Teutonic countries before the arrival of the

Normans. The form which the civilization of the Scandinavian and

Teutonic nations took seems to have been that of a collection of

village communities, such as may be seen at work at present in

India. The district occupied by such community was called the Mark,

and was divided into three parts, in each of which every free

member of the community had his share, but which were cultivated in

strict accordance with the customary system of agriculture which no

one might break. There was first the village, then the arable mark

(cultivated land), then the common pasture, and beyond that the

waste. Every freeman had a share in the arable and in the common

pasture, but he was bound to sow the same crops as his neighbours,

and to follow the same arrangement, which appears to have been

simple and barbarous. The common fields, or mixed lands as they

are called, were divided into three strips by broad grassy mounds;

one was sown with autumn crops, one with spring crops, and the

third left fallow. In the same way, though under somewhat varying

rules, the grass mark was partitioned. Frequently all enclosures

were removed at the close of the hay harvest, and the cattle grazed

in common, as they were allowed to do also in the stubble of the

arable mark. Lands were probably redistributed at certain intervals

of time, and the power of devising hereditary property by will was

strictly restrained. Traces of common fields cultivated on the

threefold system, and of customary cultivation, are still to be

found in England, and were plentiful in the last century.

[Sidenote: German institutions.]

[Sidenote: Division of ranks.]

[Sidenote: The Comitatus.]

[Sidenote: Growth of feudalism.]

But though this system would appear to have been common in

nations of Germanic origin, it can be gathered from the Germania

of Tacitus that other political institutions existed in Germany.

Thus, the subdivisions of the Tribe were called Pagi, which seem

to answer to the English Hundred. The Pagus was under the official

chieftainship of an elective head called the Princeps, answering

to the Saxon Ealdorman. This Pagus, which may perhaps have been

originally a division of a hundred heads of families, supplied a

hundred warriors to the host, a hundred assessors at the Judicial

Court of the Princeps. Below this we come to the Vicus or township,

which was probably organized upon the Mark system above described,

or on some modification of it. The commanders in war, or Duces,

were elected, probably from among the Principes, for each special

occasion. It is, moreover, clear that private property had begun to

exist. In pastoral life, where the common right of grazing would

be the chief common privilege, there would be no difficulty in

one man possessing more cattle than another. Neither would it be

a great step to grant to such wealthier men, upon the redivision

of the common arable mark, extra shares for the support of slaves

or dependent freemen whom his wealth had attracted around him.

There also existed a variety of ranks, which may be roughly

divided into three classes,--the noble or _eorl_, who must have

owed his nobility to birth; the freeman or _ceorl_, possessing his

own homestead, his own share in the common land, and dependent

on no man; and the _læt_ or dependent workman, cultivating his

lord’s land. Besides these, there were actual slaves or _theows_,

consisting of men who had lost their liberty either as captives,

or for debt, or for some other easily conceivable causes. It does

not appear that nobility of birth gave any additional political

rights, although personal consideration was awarded to the noble.

It was the possession of free land which made a man a full member

of the tribe. The læts, however, were probably dependent only

as regarded their lord, in every other respect free. Thus, like

other members of the community, their death had to be atoned for

by the payment of a sum of money or _weregild_, although the sum

was smaller than in the case of freemen. They probably formed a

considerable part of the armed force of the nation. The class may

have consisted originally of a conquered population of kindred

blood, or of men who voluntarily put themselves into a state of

dependency upon their richer neighbours for security, or because

for some reason they had become landless. Side by side with this

democratic constitution, there was a peculiar institution known as

the _Comitatus_. Each Princeps was allowed to collect around him,

under a tie of personal dependence, a body of professed warriors,

who were bound to him by the closest ties of honour; and the

importance of each chief must have depended in a great degree upon

this following. In case of conquest, it would naturally be the duty

of the conquering chief to see to the welfare of his followers, and

to give them grants, which might either be grants in perpetuity,

or only the right of present possession, and which would be drawn

from the conquered land remaining over after its distribution among

the body of freemen. To cultivate these grants, the comrades of

the king would have had to employ their own dependants, and these

dependants would settle in villages, which took the form of village

communities, except that the rights, which in the free communities

would be vested in the whole body of the freemen, were in this case

vested in the lord. We here have the germ of the relation between

vassal and lord. But this element of feudalism soon acquired

greater strength. The conquering chief would take upon himself

the title of king, claim descent from the gods, and make his line

hereditary. As the position of the king advanced, the position of

the comrade or Gesith would advance also. As the king of a tribe

became the king of a nation his dignity would greatly increase,

and with his that of his followers, who, as the court became more

formal, would accept as honours duties about the household, and the

word _Gesith_, comrade, changed into _Thegn_ or servant. In times

of war such nobles by service became natural leaders of the people,

and the position of the chief men of the village proportionately

sunk. So that there arose a class of nobles in immediate connection

with the crown, possessing property not belonging to a village

community, and exercising rights of lordship over its inhabitants.

It is not difficult to see in what a superior position they were

thus placed; what powers of encroachment they might have; and

how willingly, in times of danger, village communities would put

themselves in the same position with regard to them, as that

occupied by those settlers on the Thegn’s lands, who had always

acknowledged them as their lords. We have therefore two sources

from which feudalism might have arisen; the village headman, in

accordance with what seems to be a general law, as his powers came

to be legally defined (especially in the matter of collecting the

king’s taxes), would be regarded as the hereditary lord of the

village, and would obtain the right of permanently enclosing his

share of the common land; while the king’s Thegn, side by side with

him, would plant his own subject villages, and accept by what is

called _commendation_ the supremacy of such villages as might offer

it to him.

[Sidenote: Saxon institutions introduced into England.]

[Sidenote: Land.]

The Saxons then brought with them, in their invasion of England,

their threefold division of rank, their association or township,

their Pagus or Hundred, the Mark system, the principle of election

to public functions, and the Comitatus or personal following of

their chiefs. The conquering Principes or Ealdormen became kings.

The country in all probability was divided out with some degree

of regularity between villages, similar in constitution with

those of Continental Germany. There was no necessity for these

apportionments being equal. But a certain number of villages,

whatever their property was, were divided into Pagi or Hundreds.

This explains the inequality of those divisions. The unoccupied

land was left in the king’s hands to reward his chief followers.

On these demesnes, and on the public lands, the _læts_ found their

homes, with such of the conquered race as remained; and from time

to time fresh estates were granted as fresh conquests increased the

surplus land. From this land also the monasteries were endowed.

The portion allotted to each free household was called the _Hide_.

Land held by hereditary possession or by original allotment was

called the _Ethel_. That held by grant from the public land and by

charter was called _Bocland_ (_i.e._ book-land). The land neither

partitioned nor granted was the common property of the nation, and

was called _Folcland_. As all land, whether bocland or folcland,

could be let out, and was so treated on various conditions, there

was much variety in the tenures of that class of people who did not

possess free land of their own.

[Sidenote: Judicial organization.]

Whether the mark system prevailed to any great extent or not,

(and this is a somewhat uncertain point,) practically it was the

township which formed the lowest part of the general organization.

The hundred was a collection of townships, the shire a collection

of hundreds. The chief officer of the township, the town reeve,

was elected by the freeholders of the township, and with four of

their number represented that township in the Court of the Hundred,

of which the township was a subordinate division. Townships

established upon the lands of lords also had their reeve, but

probably he was appointed by the lord. Their constitution was

the same, but the proprietor of the soil took the duties and

privileges which in a free township belonged to the freeholders.

Such townships formed manors. It was from the township also that

the burghs or towns arose. The Saxons had a natural dislike for

town life, and we must not look for the arrangements of the borough

to the remnants of Roman civilization. But when the village grew

very large the same constitution as existed in the township was

employed, the freeholders within the limits of the borough forming

the municipal body. Such boroughs may also frequently have arisen

from an agglomeration of townships. They would then be analogous

to the hundred. The existence of two or three parishes in most

boroughs leads to the same conclusion; for, ecclesiastically,

the limits of the township and the parish were the same. Such

towns, growing up naturally round the dwellings of wealthy men

or of the king, would generally be either on folcland, and as

such, dependent upon the crown, or upon the land of some lord

on whom they would then depend. When the national system became

organized, there would thus be the Court of the Township, with its

counterpart in the dependent Township of the Manor Court. Above

that, the Hundred Court, presided over by the Hundred-man, while

the township were represented by their Reeve and four members. And

above that there was the Shire Court or Gemot. The shires were not,

properly speaking, part of the original organization. They seem to

be in most cases the old sub-kingdoms. The Court, therefore, of

the Shire represented the National Court. Over these sub-kingdoms

or shires was appointed a royal officer, shire-reeve or sheriff,

representative of the king for judicial and fiscal purposes. There

is no proof that he was an elective officer. Beside the sheriff,

who represented the central authority, was the Ealdorman, who had

the command of the military force of the shire and the third of the

fines levied. He was the representative of the old sub-king. He

was a national officer, appointed by the king and by the central

assembly of the nation, the Witana-Gemot. He sat with the sheriff

in the Shire Court, but it would seem that the sheriff was the

official whose presence constituted the court. In all the courts it

was a principle that the suitors of the court, those, that is, who

were liable to its jurisdiction, were also the judges; that is to

say, the courts were essentially popular. The whole body present

settled the disputes or judged the crimes of the individuals, the

chief officer being, in fact, the chairman. Practically, in the

Shire Court, twelve chief Thegns or chief freeholders sat with the

sheriff as judges, representatives of the whole body. It was also a

principle, at all events originally, that no superior court should

have jurisdiction till the inferior courts had done their best

towards the settlement of the disputed point.

Ecclesiastically, the parishes were co-extensive with the

townships, the bishoprics in a great degree co-extensive with the

shires or ancient kingdoms.

[Sidenote: Growth of territorial jurisdiction.]

In process of time, the position of the king somewhat changed. He

began to be regarded as the one lord of the land. From being the

King of the Saxons he gradually became the King of England. His

personal relation became territorial. The folcland became royal

demesne, and the king came to be regarded as the origin of justice.

This change, among other causes, tended much to the growth of a

system which was in fact incipient feudalism. The national courts

constantly became more the private courts of great lords. The

connection between the possession of land and the judicial power

grew constantly stronger. It had early been the custom to establish

in the favour of lords to whom grants were made Liberties, or

_Soken_, as they were called; that is, land was granted exempted

from the jurisdiction of the Hundred. The judicial rights of the

Hundred, together with the payments accruing from them, were vested

in the lord who received the grant. These rights are implied in the

words _sac_ and _soc_. As townships on a lord’s land became manors,

so these Liberties, on which there were many townships, became

private Hundreds. They were probably, before the Conquest, not

exempted from the jurisdiction of the Shire. It has been already

mentioned that, either by commendation or by the encroachment of

local magnates, freemen (allodial proprietors as they were called)

took in many cases the position of dependants. Their property then

assumed the character of bocland, or land held by charter, instead

of hereditary freehold. By commending themselves to a lord they

would free themselves from the burden of military duty, which would

then fall upon the lord as proprietor of the land. Justice would

be more easily obtained from the neighbouring court of the lord

than from the distant court of the Hundred or county. Protection

from invasion or from the violence of neighbours would be gained.

Again, the police regulation, by which all landless men were

obliged to seek a lord, would strengthen the idea of the necessity

of dependence.

Meanwhile, the Franchises and territorial jurisdictions went on

increasing till the ideas of possession of land and jurisdiction

began to go constantly together. The Thegn, who only possessed five

Hides, had his court. In the time of Cnut a further step was taken.

The wealthy landowner, under the name of Landrica, represented

the king in his district, and had jurisdiction over the lesser

freeholders. While, to crown all, the new position of the king gave

him the sole jurisdiction over the holders of bocland, to which,

as we have seen, allodial property was gradually assimilating

itself. In all these ways private and territorial jurisdictions

were strengthened, and enabled very largely to encroach upon the

national and popular courts. The position of the Landrica was

little else than that of a feudal baron, and the independence

of the great hereditary official, so marked a characteristic of

Continental feudalism, was almost reproduced in England, when Cnut

divided the kingdom into four great Earldoms.

[Sidenote: Central government. The Witan.]

[Sidenote: Increased power of the King.]

[Sidenote: Finance.]

A History of England, Period I. Mediæval Monarchy · 第 6 / 44 段