LII. William I., as given by Eadments. "De fide et obsequio erga Regnum.

"Statuimus etiam ut omnes LIBERI HOMINES foedere et sacramento affirment

quod intra et extra univereum regnum Anglise (quod olim vocabatur regnum

Britanniae) Wilhielmo suo domino fideles ease volunt, terras et honores

ilius fidelitate ubique servare cum eo et contra inimicos et alienigenas

defendere."

Charter from Textus Roffensis, given by Mr. Stubbs.

"Statuimus etiam ut omnis liber homo feodere et sacramento affirmet,

quod intra et extra Angliam. Willelmo regi fideles ease volunt, terras

et honorem illius omni fidelitate cum eo servare et ante eum contra

inimicos defendere."

I think the documents I have quoted show that Sir Martin Wright, Sir

William Blackstone, and Messrs. Hallam and FREEMAN, labored under a

mistake in supposing that William had introduced or imposed a new feudal

law, or that the vassals of a lord swore allegiance to the king. The

introduction to the laws of William I. shows that it was not a new

enactment, or a Norman custom introduced into England, and the law

itself proves that it relates to FREEMEN, and not to vassals.

The misapprehension of these authors may have arisen in this way:

William I. had two distinct sets of subjects. The NORMANS, who had

taken the oath of allegiance on obtaining investiture, and whose

retinue included vassals; and the ANGLO-SAXONS, among whom vassalage was

unknown, who were FREEMAN (LIBERI HOMINES) as distinguished from serfs.

The former comprised those in possesion of Odhal (noble) land, whether

held from the crown or its tenants. It was quite unnecessary to convoke

the Normans and their vassals, while the assemblage of the Saxons--OMNES

LIBERI HOMINES--was not only to conformity with the laws of Edward

the Confessor, but was specially needful when a foreigner had possesed

himself of the throne.

I have perhaps dwelt to long upon this point, but the error to which I

have referred has been adopted as if it was an unquestioned fact, and

has passed into our school-books and become part of the education given

to the young, and therefore it required some examination.

I believe that a very large portion of the land in England did not

change hands at that period, nor was the position of either SERFS

or VILLEINS changed. The great alteration lay in the increase in the

quantity of BOC-LAND. Much of the FOLC-LAND was forfeited and seized

upon, and as the king claimed the right to give it away, it was called

TERRA REGIS. The charter granted by King William to Alan Fergent, Duke

of Bretagne, of the lands and towns, and the rest of the inheritance of

Edwin, Earl of Yorkshire, runs thus:

"Ego Guilielmus cognomine Bastardus, Rex Anglise do et concede tibi

nepoti meo Alano Brittanias Comiti et hseredibus tuis imperpetuum omnes

villas et terras qua nuper fuerent Comitis Edwini in Eborashina cum

feodis militise et aliis libertatibus et consuetudinibus ita libere et

honorifice sicut idem Edwinus eadem tenuit.

"Data obsidione coram civitate Eboraci."

This charter does not create a different title, but gives the lands as

held by the former possessor. The monarch assumed the function of the

fole-gemot, but the principle remained--the feudee only became tenant

for life. Each estate reverted to the Crown on the death of him who held

it; but, previous to acquiring possession, the new tenant had to cease

to be his own "man," and became the "man" of his superior. This act was

called "homage," and was followed by "investiture." In A.D. 1175, Prince

Henry refused to trust himself with his father till his homage had been

renewed and accepted, for it bound the superior to protect the inferior.

The process is thus described by De Lolme (chap, ii., sec. 1):

"On the death of the ancestor, lands holden by 'knight's service' and

by 'grand sergeantcy' were, upon inquisition finding the tenure and

the death of the ancestor, seized into the king's hands. If the heir

appeared by the inquisition to be within the age of twenty-one

years, the King retained the lands till the heir attained the age of

twenty-one, for his own profit, maintaining and educating the heir

according to his rank. If the heir appeared by the inquisition to have

attained twenty-one, he was entitled to demand livery of the lands by

the king's officers on paying a relief and doing fealty and homage. The

minor heir attaining twenty-one, and proving his age, was entitled to

livery of his lands, on doing fealty and homage, without paying any

relief."

The idea involved is, that the lands Were HELD, and NOT OWNED, and that

the proprietary right lay in the nation, as represented by the king.

If we adopt the poetic idea of the Brehon code, that "land is perpetual

man," then HOMAGE for land was not a degrading institution. But it is

repugnant to our ideas to think that any man can, on any ground, or for

any consideration, part with his manhood, and become by homage the "man"

of another.

The Norman chieftains claimed to be peers of the monarch, and to sit in

the councils of the nation, as barons-by-tenure and not by patent.

This was a decided innovation upon the usages of the Anglo-Saxons, and

ultimately converted the Parliament, the FOLC-GEMOT, into two branches.

Those who accompanied the king stood in the same position as the

companions of Romulus, they were the PATRICIANS; those subsequently

called to the councils of the sovereign by patent corresponded with

the Roman NOBILES. No such patents were issued by any of the Norman

monarchs. But the insolence of the Norman nobles led to the attempt made

by the successors of the Conqueror to revive the Saxon earldoms as a

counterpoise. The weakness of Stephen enabled the greater fudges to

fortify their castles, and they set up claims against the Crown, which

aggravated the discord that arose in subsequent reigns.

The "Saxon Chronicles," p. 238, thus describes the oppressions of the

nobles, and the state of England in the reign of Stephen:

"They grievously oppressed the poor people with building castles, and

when they were built, filled them with wicked men, or rather devils, who

seized both men and women who they imagined had any money, threw them

into prison, and put them to more cruel tortures than the martyrs ever

endured; they suffocated some in mud, and suspended others by the feet,

or the head, or the thumbs, kindling fires below them. They squeezed the

heads of some with knotted cords till they pierced their brains, while

they threw others into dungeons swarming with serpents, snakes, and

toads."

The nation was mapped out, and the owners' names inscribed in the

Doomsday Book. There were no unoccupied lands, and had the possessors

been loyal and prudent, the sovereign would have had no lands, save his

own private domains, to give away, nor would the industrious have been

able to become tenants-in-fee. The alterations which have taken place in

the possession of land since the composition of the Book of Doom, have

been owing to the disloyalty or extravagance of the descendants of those

then found in possession.

Notwithstanding the vast loss of life in the contests following upon the

invasion, the population of England increased from 2,150,000 in 1066,

when William landed, to 3,350,000 in 1152, when the great-grandson of

the Conqueror ascended the throne, and the first of the Plantagenets

ruled in England.

Landholding in England · 第 8 / 17 题