To pass from the local government to the central. It has been

seen that justice and municipal law were carried on through a

series of free assemblies or Gemots; so too the general meeting,

or Gemot of the nation, constituted the chief legislative and

judicial assembly. This was called the Witan or wise men, or the

Witana-Gemot or assembly of wise men. It was doubtless originally

the National Assembly of all free men, but by an easy change which

befalls all such assemblies, attendance on it grew awkward to

the multitude, and was shortly confined to those who bore office

about the court, the king’s Thegns and bishops. The principle

of representation was not understood, and the freemen, although

they possessed an inherent right to be present, were not in fact

represented, except in so far as the presence of friendly and

neighbouring Thegns might be held to represent them. The power

of the Witan was great and various, being in theory the power

of a free nation. They could elect and discrown a king, and

practically did elect him, though usually from among the nearest

relatives of the late king. A remnant of this elective form of

the monarchy still exists in our form of coronation. Peace and

war were discussed in the Witan. The co-operation of the Witan

was necessary to authorize alienation of public land; and to them

ultimate judicial appeals were made. Early in the eleventh century,

however, the king had so far improved his position that he was able

to grant land without their leave, and also to call to his court

cases not yet completed in the lower courts. The same change in

the character of the king, which has been already mentioned, shows

itself here also. He was originally the leader of a free tribe,

perhaps of a clan, but gradually as his dominion extended his power

rose also; and his personal influence, though somewhat undefined,

was paramount. The great king could always wield the Witan as he

pleased. His office was, as has been said, elective, but under

certain restrictions. It seems to have been regarded as necessary

that he should be an Ætheling (or born in legitimate wedlock), and

in England. With this limit, and with a certain preference allowed

to the eldest son, and to the one whom the dying king nominated,

the choice of the Witan was free; and, practically, the prince

of the royal house best fitted for the immediate circumstances

of the kingdom was chosen. Thus the king’s brother was sometimes

chosen instead of his son, who, in his turn, might succeed his

uncle to the exclusion of his uncle’s children. This preference

for the best man over the nearest relative continued after the

Conquest, and renders erroneous the appellation of usurper when

applied to the early Norman kings. The arrangements of finance,

as far as they can be understood, were very simple. Upon every

citizen, whether agricultural or urban, there was laid a _trinoda

necessitas_, that is to say, the duty of serving in war, the repair

of bridges and public roads, and the maintenance of fortifications.

It is plain, therefore, that the wants of the crown were chiefly

personal, that what we consider the chief expenses of government,

justice, maintenance of public works, and military expenditure,

were supported by the people themselves, without the interposition

of government. The expenses of the crown would be discharged very

largely from the public property or folcland reserved to the

nation, and from such taxes as were rendered necessary from time

to time to support the grandeur and hospitality of the king as

national representative.

[Sidenote: Police.]

The system of police was based on the idea of mutual

responsibility. Frankpledge or _frithbohr_, by which is meant

the division of the country into sections of ten men mutually

responsible for one another, cannot be proved to have existed

before the Conquest. On the other hand, its principle no doubt

existed. Every man, by the law of Cnut, was bound to be in a

Hundred and a _tithing_. This latter term cannot be accurately

defined, but it was a subdivision of the Hundred. By the laws of

Æthelstan and Eadgar every landless man was compelled to have a

lord to answer for him in the courts, and every man a surety to

answer for him if he were absent when legally required.

From this sketch it will be seen that, with regard to classes,

there must have been at the time of the Conquest _Thegns_, who

were to all intents and purposes feudal barons; _Sokmen_, those

freemen who owed suit to the lord’s soke or court; a certain number

of _Eorls_ or nobles by birth, who would most likely have become

assimilated to the Thegns; _freeholders_, holding land in common

where it had not yet come under the suzerainty of a lord (this same

class of freemen degenerated under various circumstances and with

varying tenures into villeins, or dependent cultivators, under

lords); and absolute slaves, consisting originally probably of the

conquered race, and added to by criminals and outlaws, or others

who had lost their rights as freemen.

There was here every element of the feudal system. Even the tenure

of land upon military service existed. The main distinction between

the condition of England and that of the Continent, where the

feudal system had been fully established, lay in this,--there still

existed a certain number of freemen whose land was their own. They

were indeed obliged to acknowledge the jurisdiction of a lord,

but they were free to choose their own lord. They were suitors to

his court, but he did not possess their land. The feudal system

in its completed form may be regarded as exhibiting two peculiar

features:--jurisdiction was in the hand of large landowners; and

the lord was regarded as the possessor of the land over which he

exercised jurisdiction. In England, one feature alone had become

prominent. The judicial power was in the hand of large landowners;

but their jurisdiction extended over men whose land they did not

possess, but who were owners of their own property, and able to

attach themselves to any lord they liked. With the Conquest, while

the judicial power was restrained, the connection between that

power and the possession of land over which it was exercised became

absolute.

[Sidenote: The Church.]

The Church occupied a position of very great importance. It was the

guardian of the morality of the country, and as such had a share

in all secular jurisdictions; but it was the remnant of a national

Church, not closely united to the Roman See. It was therefore

inclined to be somewhat disorderly. Its bishops were appointed

properly by the king and the Witan, but latterly the power had

practically been with the king alone. These bishops obtained their

license from the Pope. But the case of Archbishop Stigand, to whom

the Pope had not sent the Pallium, shows how little weight was

given to this proceeding. Similarly, the lower clergy had formed

the habit of marrying, contrary to Papal laws, and although there

was a growing feeling that this was wrong, the practice still

continued while the monks were constantly attempting to break free

from their rules and establish themselves as canons.

[Sidenote: Effects of the Conquest.]

[Sidenote: Restraints upon feudalism.]

To such a civilization came William, who had seen the evils of

Continental feudalism in his own country, and had secured his

position only after long struggles. He claimed England, not as a

conqueror, but as the legitimate sovereign, nominated by Edward

the Confessor, and as such was accepted by the Witan, and crowned

in London after the battle of Senlac. His natural policy was,

therefore, to continue such institutions as were not yet feudal,

and thus his arrival checked that natural growth of feudalism which

was running its course in England as in other Teutonic countries.

On the other hand, it was impossible from his position that he

should do otherwise than introduce many feudal institutions. He had

brought with him many of his vassals, who held from him in feudal

tenure; and it was necessary, when, from the confiscated lands of

Harold and his family and of the other nobles who either opposed

his entrance into England or afterwards revolted against him,

he made large grants to reward the adventurers of whom his army

mainly consisted, he should make those grants in accordance with

the system with which he was acquainted in exchange for military

service, and saddled with the usual feudal burdens. While he thus,

on the one hand, was the national English sovereign, on the other

he was the supreme landowner and feudal lord. Under this double

influence, the tenure of land, following the universal tendency

of Europe, became wholly feudal and military. But the other side

of feudalism--with its isolation, the virtual independence of

the feudatories (among whom the king was but the first among his

peers), and the suppression of national jurisdiction, which were

the chief characteristics of French feudalism--was kept in careful

restraint. Thus, the whole machinery of justice, the Hundred

Court and the Shire Gemot were retained under presidency of the

sheriff, side by side with that territorial jurisdiction which

he could not refuse to his feudal vassals. The police system of

mutual responsibility was kept up and systematized under the name

of _frankpledge_, and on the whole nation still lay the _trinoda

necessitas_. The Witan remained, although its members were now

feudal vassals; the laws as they existed were for the most part

perpetuated, though certain emendations were made, such as the law

of Englishry,[4] for the protection of his Norman subjects, and

the liberty allowed to the different nationalities to be tried

according to their own law. At the same time, the further to

restrain the independent power of the great feudatories, the great

earldoms which Cnut had created were broken up, with the exception

of three border counties, Chester, Durham, and Kent; the business

of the counties was transacted by the sheriff, who was a royal

officer, and the earldoms were either of one county only, or if of

more than one, of counties far apart. As a final court of appeal,

he established the Curia Regis, formed of the Justiciary (who was

the king’s representative and regent when he left the country),

with a staff of justices, consisting originally of the officers of

the household, but tending gradually to consist of new nobility

appointed by the king for the purpose. This was the final court of

appeal, and could draw to it any suit from the county court. But

the chief restriction upon military feudalism, which rendered its

appearance in England impossible, was, that each freeholder swore

allegiance, not to his immediate lord, but to the king. Abroad, if

a great noble went to war with the king, his vassals were doing

right in following him; in England, they were committing treason.

[Sidenote: William’s position.]

This oath was exacted after the great work of the Domesday Book

was completed. This book consisted of a registration of all the

lands in the kingdom, made by commissioners, after inquiry upon

oath of the chief men and lesser freeholders of each district.

By it not only were the limits of property settled, but the king

knew what resources he could rely upon both in men and money. The

king’s power was nominally limited by the “counsel and consent”

of the National Council, which was at once the old English Witan

and a feudal assembly, but its power was really nominal. The taxes

seldom called for interference, as they were derived principally

either from the old national dues, the _ferm_ of the shire (a fixed

rent of the old public lands and royal domains), the danegelt, and

the proceeds of fines or feudal aids. The army was also completely

in the king’s hands; as national sovereign, the old national

militia was at his command; as feudal sovereign, he could claim

the military service of his vassals, which was defined in every

case by the Domesday Book, while the whole people were bound to him

by oath. We thus see William the Conqueror occupying the position

of a practically irresponsible monarch, with a mixed monarchy of

national and feudal character, but, with the exception of some

parts of the administration of justice, carried on wholly under

feudal forms.

[Sidenote: The Church.]

As regards the Church, two important changes were made. As the

champion of orthodoxy, William, by means of his Archbishop,

Lanfranc, restored the Roman discipline to the Church, and

connected it closely with the See of Rome. And, secondly, he

separated the ecclesiastical jurisdiction from the secular.

The bishops withdrew from the county court (perhaps finding

their position there useless now that those courts had sunk in

importance), and established courts of their own. During William’s

reign no inconvenience arose from this, but the inherent defects

of the step became obvious when Henry II. attempted to reorganize

the kingdom after the disorder of Stephen’s reign. The Conqueror’s

police was unusually strict. It became the common saying that

a man laden with gold could pass unharmed through the country.

He abolished the penalty of death (which was, however, speedily

resumed), and substituted mutilations of various kinds. He also

repressed the right which the Saxon laws had allowed of killing the

murderer or the thief when taken red-handed. It has been suggested

that the great forests he created, and the care with which they

were maintained, is to be attributed as much to the king’s desire

to maintain an efficient staff of police always ready as to his

great love of hunting.

WILLIAM I.

1066-1087.

Born 1027 = Matilda of Flanders.

|

+---------------+-----+------+----------+

| | | |

Robert, Duke William II. Henry I. Adela = Stephen, Earl

of Normandy. | of Blois.

d. 1134. |

+-----------+-----------+

| | |

Theobold Stephen Henry, Bishop of

Winchester.

CONTEMPORARY PRINCES.

_Scotland._ | _France._ | _Germany._ | _Spain._

| | |

Malcolm III., | Philip I., | Henry IV., | Sancho II., 1065.

1057. | 1060. | 1056. | Alphonso VI., 1072.

POPES.--Alexander II., 1061. Gregory VII., 1073. Vacancy one year.

Victor III., 1086.

_Archbishops._ | _Chief-Justices._ | _Chancellors._

| |

Stigand, | Odo of Bayeux, and William | Herfast, afterwards Bishop

1052-1070. | Fitz-Osbern, 1067. | of Elmham, 1068.

Lanfranc, | William de Warenne, and | Osbern, afterwards Bishop

1070-1089. | Richard Fitz-Gilbert, | of Exeter, 1070.

| 1073. | Osmund, afterwards Bishop

| Lanfranc, Geoffrey of | of Salisbury, 1074.

| Coutances, and Robert, | Maurice, afterwards Bishop

| Count of Mortain, 1078. | of London, 1078.

| | William de Beaufeu, Bishop

| | of Thetford, 1083.

| | William Giffard, 1086.

[Sidenote: Intended resistance of the English.]

[Sidenote: Election of Eadgar.]

The death of Harold left England without a king. As yet, although

William had expected the immediate submission of the whole country,

no such course was thought of. The idea which occupied men’s minds

was the election of a new king, who might continue the defence

of the country. The two sons of Ælfgar, the great northern Earls

Edwin and Morkere, whose jealousy of Harold had been one of the

chief causes of his disaster, found themselves, now that the House

of Godwine was practically destroyed, the most prominent leaders

of the English. They came to London, and there, collecting about

them such nobles and important people as they could readily find,

they held an assembly which in some sort represented the Witan.

They probably expected that the crown would be given to one of

themselves, and that the hour for the triumph of the Mercian house

had arrived. They were disappointed in their hopes. Of properly

qualified candidates there were none, but the Southern Witan

preferred to place the crown upon the head of the grandson of

Ironside, the heir of the old royal house, and elected the Ætheling

Eadgar, young though he was.[5] It does not seem however that he

was actually crowned, that ceremony being postponed till the feast

of Christmas.

After the slaughters of the late battles, the means of resistance

in the Southern counties must have been much diminished, and

when Edwin and Morkere completed their treasonable conduct by

again withdrawing their troops, and, though they had accepted the

election, refused to give practical support to the defence of

Wessex, immediate opposition to the Conqueror became hopeless. No

further combined action was possible and no other great battle was

fought.

[Sidenote: William’s march to London.]

[Sidenote: Receives the crown at Berkhampstead.]

[Sidenote: Coronation of William.]

Meanwhile William, disappointed in his hopes, proceeded with

his own foreign forces to make good his conquest. He determined

to subdue the South-eastern counties before he advanced against

London. He marched eastward, took Romney, and captured the castle

and town of Dover, and had reached Canterbury, when he was seized

with an illness which kept him inactive during the whole month of

November. Thence he sent an embassy which secured the great town of

Winchester, and thence in December he moved to attack the capital,

but contented himself with burning the suburb of Southwark, and

passed on westward on the southern side of the Thames, which he did

not cross till he reached Wallingford, intending to pass northward

and thus cut the city off from the unconquered country. With this

view he marched to Berkhampstead in Hertfordshire. But his progress

had broken the spirit of the Londoners, and he was there met by

Eadgar, Ealdred the Archbishop of York, and others, who submitted

to him, and offered him the crown. After a feigned rejection of it,

till he had further secured the kingdom, he accepted it at the

earnest request of his followers, and marching into London, was

crowned at Christmas. The ceremony was performed by Ealdred of York

in the place of Stigand of Canterbury, whose appointment to the See

had not been strictly canonical; it was impossible that William,

one of whose professed objects was the reform of the uncanonical

Church of England, should receive his crown from the hands of a

schismatic. Stigand’s importance as the chief official of the

English prevented William from taking immediate steps against him.

He was therefore present at the ceremony, but though William thus,

and for some time afterwards, temporized with him, his ruin was

already determined. The coronation was performed with the usual

English ceremonies; the name of the King was proposed for election

to those who were present, and the shout of acquiescence excited

the alarm of the Norman troops outside the church. They proceeded

to set fire to buildings in the neighbourhood; the assembled

multitude rushed from the church to extinguish the flames, and

William was left almost alone with the officiating ecclesiastics.

But the ceremony was completed in the midst of fears and misgivings

of those within the Cathedral, and of uproar and confusion without.

[Sidenote: William’s position as king.]

William was thus crowned King of England, having received the crown

from the hands of the Witan, and having been nominally elected

by the popular voice. His position was in strict accordance with

the claims he had raised, and he proceeded to pursue a policy in

harmony with it. He had come to claim his rights against a usurper,

he had obtained those rights, and would henceforth make them good

while strictly following the forms of law. As crowned King of

England, opposition to him was treasonable, and the property of

traitors legally confiscated. It is clear that this position gave

him great advantages, and would induce many a weak-hearted or

peaceful Englishman to accept without opposition the _de facto_

king, while it enabled William to hide the harsh character of the

conqueror under the milder form of a monarch at war with rebellious

subjects.

In pursuance of this policy, no sudden change was made in the

constitution or social arrangements of the country. In the first

period of his rule, William merely stepped into the place and

exercised the rights of his predecessor; but those rights he found

sufficient to secure his own position and to reward his followers.

For these purposes it was necessary for him to give to Normans much

of the conquered land, by which means he would spread as it were a

garrison throughout the country, and at the same time gratify his

adherents.

[Sidenote: Transfer of property. The form of law retained.]

[Sidenote: Castles built.]

He started from the legal fiction that the whole of the land, as

the land of traitors, was confiscated. The folcland he made crown

property, thus completing a change which had been long in progress.

The large domains of the House of Godwine were by the destruction

of that house naturally at his disposal, as was also the property

of those who had fallen in arms against him at Hastings or been

prominent in opposition. The land thus gained he granted to his

followers, not making a new partition of it, but putting a Norman

in the place of the dead or outlawed Englishman who was legally

regarded as his ancestor. To complete this process, and appropriate

all the conquered land, would obviously have been impolitic; and

very shortly after his coronation he appears to have allowed a

general redemption of property. Proprietors submitted, paid a sum

of money, and received their lands back as fresh grants from the

Conqueror. In addition to this, many of the smaller Thegns and

free Ceorls were too insignificant to be disturbed, and in many

instances some little fragment of their dead husband’s property

was given in contemptuous pity to the widows, saddled frequently

with some ignoble tenure. Still further to complete the subjection

of the country, in every conquered town of importance a castle was

erected.

[Sidenote: Appointment of Earls.]

In addition to his grants of land, William had the government

of the country to attend to, and the vacant earldoms to fill.

In doing this he was guided by his past experience, and in the

fully conquered parts of England was careful not to put any earl

into the position occupied by the great earls of the last days

of the Anglo-Saxon monarchy. In this respect, as in some others,

the spirit of feudalism had been making rapid strides in England,

and the great earls, as well as the great cities, were bidding

fair to assume the position of the feudatories and free cities of

the Continent. William was careful to return to older precedent,

and to confine his earldoms to one shire. The importance of this

in English history is great, as it obliged the nobility to work

in alliance with the commonalty, and secured national rather

than aristocratic progress. Thus his two most trusted servants,

to whom in his absence he left the vice-regency of the kingdom,

William Fitz-Osbern and his brother Odo, Bishop of Bayeux, were

respectively but Earls of Hereford and of Kent. William thus

arranged that part of England which he had really conquered. In the

North he as yet continued the existing state of things. Edwin and

Morkere did homage and received their Earldoms back again. Waltheof

remained Earl of Nottingham, and Copsige (Copsi or Coxo) was given

the earldom of the Northern province of Northumberland. To secure

the allegiance of these great unconquered Earls, William took them

with him when in March he went to revisit his native duchy. The

kingdom he left in charge, the South to Odo of Bayeux, the North to

William Fitz-Osbern.

[Sidenote: William revisits Normandy.]

[Sidenote: Misgovernment by his viceroys and consequent rebellion.]

His retirement from England has sometimes been traced to an

evil intention of enticing his new subjects into a more serious

rebellion, that he might conquer them more completely. His natural

desire to display his triumph in his own country would seem to

supply a sufficient reason, without attributing to him such

double dealing. The effect of his absence, however, was in fact

to produce such an insurrection. In the midst of his conquests

and confiscations he had always kept a strong hand upon his

followers, and his police was good. The case was different under

the government of his viceroys. The rapacity and licentiousness

of the conquerors made itself heavily felt. Discontent began to

show itself in the North, in the West, and in the South; and the

native English, despairing of their unaided efforts, began to seek

assistance from abroad. The news of this danger brought William

back to England in the December of 1067. But already a revolt in

Bernicia, as the Northern division of Northumberland was called,

had produced the death of the newly-made Earl Copsige. Eadric the

Forester in the West of England, in union with the Welsh, had

ravaged Herefordshire, and the men of Kent had obtained assistance

from Eustace of Boulogne in a fruitless attack upon Dover. It was

the dread of more important foreign allies which brought William

back. The English efforts to get aid from Henry IV. of Germany, or

from the Prince of Norway, had been frustrated either by William’s

intrigues or by the character of the Princes to whom they applied,

but Swend of Denmark seemed likely to embrace their cause.

[Sidenote: William returns.]

[Sidenote: Insurrection in the West. Taking of Exeter.]

A History of England, Period I. Mediæval Monarchy · 第 7 / 44 段