A History of England, Period I. Mediæval MonarchyBright, J. Franck (James Franck)
History
A History of England, Period I. Mediæval Monarchy
Bright, J. Franck (James Franck)
Great Britain -- History
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
Public-domain text, read in full here on John Shaqi.
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