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
It should be noticed how skilfully the queries were framed in the
inquest of 1166, to entrap the unwary tenant, and make him commit
himself to the facts. If his enfeoffed knights were short of the
required number, he was caught under the third query; if, on the other
hand, he had an excess, he was caught under the others. Now, did the
'barons', when they made their returns, anticipate this sweeping and
unwelcome reform? Presumably not. They appear to have drawn up their
_cartae_ carefully and willingly, few of those who had an excess of
knights taking even the precaution of mentioning their _servitium
debitum_.[54] The church, moreover, from the terms in which her
payments are thenceforth entered (_vide infra_), must have uniformly
and systematically adopted an attitude of protest. Yet there is no
trace of such protest in her returns. May we then infer that the crown
sought to deliberately entrap its tenants? Two circumstances might
favour that view. In the first place the tenants had to make their
returns _extra sigillum pendentes_, thereby solemnly committing
themselves;[55] in the second, the tenants would, of course, have been
tempted to conceal or understate their excess of knights, had they
foreseen the use that the crown would make of their returns.
The question may very fairly be asked, 'What check had the crown upon
a tenant in the event of the latter omitting some of his "excess"
fees?' The answer is supplied, I think, by a clause in the invaluable
return of the northern primate. He there requests that his return may
be accepted 'without prejudice', as a lawyer would say, in case of his
omitting some small fees. That is to say, these formal returns might
be brought up as evidence against tenants-in-chief who had omitted
some of their fees, proving that they had thereby themselves disowned
their right to the fees in question.[56]
Two points strike one strongly in the preparation of these returns.
The first of these is the difficulty experienced in compiling a
correct list of under-tenants and their holdings; the second is
the employment of the 'Inquest' as a means of ascertaining the
particulars.
Taking the former of these, we find Hugh Wac writing, 'si amplius
inquirere possim, notificabo vobis'; and Guarine 'de Aula', 'si plus
possim inquirere, faciam vobis scire'; so too the Bishop of Ely, 'de
hiis vero certi sumus, et si amplius inquirere poterimus libenter
vobis significabimus'; and the Bishop of Bath, 'si certiorem inquirere
poterimus veritatem, nos illam vobis significabimus'; and Alfred of
Lincoln, 'si plus inquiri potest, inquirere faciemus'. The Bishop of
Exeter makes his return, 'sicut eam diligentius inquirere potui';
the Abbot of Tavistock, 'quantum inde sollicitius inquirendo scire
potuit'. Hugh de Lacy, in a postscript to his return, adds a fee 'quod
oblitus sum'; while the Earl of Clare has to send in a subsequent
rider, containing an entry, 'quod ego postquam misi cartam ...
recordatus sum'.
Public-domain text, read in full here on John Shaqi.
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