Feudal England: Historical Studies on the Eleventh and Twelfth CenturiesRound, John Horace
History
Feudal England: Historical Studies on the Eleventh and Twelfth Centuries
Round, John Horace
Domesday book; Feudalism -- Great Britain; Great Britain -- History -- Norman period, 1066-1154; Normans -- Great Britain
Now this solution of the difficulty will scarcely, I venture to think,
bear the test of investigation. It appears to have originated in Dr
Stubbs' suggestion that there must have been, between the days of
Henry I and of William I, 'some skilful organizing hand working with
neither justice nor mercy'[5]--a suggestion subsequently amplified
into the statement that it is to Ranulf Flambard 'without doubt that
the systematic organization of the exactions' under William Rufus
'is to be attributed',[6] and that by him 'the royal claims were
unrelentingly pressed', his policy being 'to tighten as much as
possible the hold which the feudal law gave to the king on all
feudatories temporal and spiritual'.[7] There is nothing here that can
be called in question, but there is also nothing, be it observed, to
prove that either 'feudal law' or 'military tenure' was introduced by
Ranulf Flambard. Indeed, with his usual caution and unfailing sound
judgment, our great historian is careful to admit that 'it is not
quite so clear' in the case of the lay as of the church fiefs 'that
all the evil customs owed their origin to the reign of William
Rufus'.[8] And, even if they did, they were, it must be remembered,
distinctly abuses--'evil customs', as Henry I himself terms them in
his charter--namely (in the matter we are considering), '_excessive_
exactions in the way of reliefs, marriages and wardships, debts to
the crown, and forfeiture. In the place,' we are told, 'of _unlimited_
demands on these heads, the charter promises, not indeed fixed
amercements, but a return to ancient equitable custom'.[9] All this
refers, it will be seen, to the abuse of an existing institution,
not to the introduction of a new one. The fact is that Ranulf's
proceedings have been assigned a quite exceptional and undue
importance. Broadly speaking, his actions fall under a law too often
lost sight of, namely, that when the crown was strong it pressed,
through the official bureaucracy, its claims to the uttermost;
and when it found itself weak, it renounced them so far as it was
compelled. Take, for instance, this very charter issued by Henry I,
when he was 'playing to the gallery', and seeking general support:
what was the value of its promises? They were broken, says Mr Freeman,
to the Church;[10] they were probably broken, says Dr Stubbs, to
the knights;[11] and they were certainly broken, I may add, to the
unfortunate tenants-in-chief, whom the Pipe-Roll of 1130 shows us
suffering from those same excessive exactions, of which the monopoly
is assigned to Ranulf Flambard, and which 'the Lion of Justice' had so
virtuously renounced. I might similarly adduce the exactions from the
Church by that excellent king, Henry II (1159), 'contra antiquum morem
et debitam libertatem'; but it is needless to multiply examples of
the struggle between the interests of the crown and those of its
tenants-in-chief, which was as fierce as ever when, in later days, it
Public-domain text, read in full here on John Shaqi.
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