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
From this difficulty it is a short step to the inquests which it seems
in some cases to have necessitated. The Abbot of Ramsey heads
his return, 'Haec est inquisitio'; the Earl of Warwick similarly
commences, 'Hoc est quod inquisivi per homines'. Earl Patrick makes
his return, 'secundum quod de probis et antiquis hominibus meis
inquirere potui'. 'Fecimus inquirere,' writes the Bishop of Bath, 'per
legales homines meos.... Haec autem per eos inquisivimus.'
This brings us directly to the very important inquest referred to in
the _carta_ of the Earl of Arundel:
Dominus noster Rex Henricus quadam contentione quae surrexit
inter milites de honore de Arundel de exercitu quodam de
Walliis, elegit iiij. milites de honore, de melioribus et
legalioribus, et antiquioribus ... et fecit eos recognoscere
servitia militum de honore, et super legalitatem et sacramenta
eorum inde neminem audire voluit.
Mr Eyton argued elaborately on genealogical grounds that this inquest
must have taken place under Henry I, but indeed it is quite obvious
from the language of the _carta_ itself that this was so. It is,
consequently, worthy of notice for its bearing on 'the sworn inquest'.
While on this subject, attention may be called to the unique entry
in the Pipe-Roll of 12 Henry II (1166): 'Alanus de Munbi debet xl.
s. quia non interfuit Jurat' feodorum militum' (p. 8). Investigation
proves (through what is known as the Lindsey Survey) that Alan was an
under-tenant of the honour of Brittany, the successor of that Eudo who
held in Mumby _temp._ Domesday. This fact throws light on the entry,
by suggesting that the inquest referred to concerned the honour
of Brittany, the number of fees in which was then and subsequently
doubtful.
But to return. It is infinitely easier to trace the change brought
about by the inquest of 1166 in the case of the church fiefs than of
the lay ones. For on the former it was uniform and glaring. Previously
to 1166 the church tenants had paid on their _servitium debitum_
alone; after 1166 they paid, as a rule, on all the fees actually
created upon the fief. Thus the assessment of the Bishop of Durham was
raised at a blow from ten fees to more than seventy.[57] There were
several equally striking cases among the prelates. Now, whether or not
the church tenants feared something of the kind, they had generally
been careful in their returns to set forth their _servitium debitum_,
and when, in 1168, they were uniformly assessed on their total of
fees, their uniform protest is expressed in the formula 'quos non
recognoscit' applied to the payment on their excess knights. Such is
the meaning of this puzzling formula which is peculiar to the church
fiefs.[58] In these cases it wholly replaces the _de veteri_ and _de
novo_ assessment which, from 1166, was applied to the lay fiefs.
II. THE SERVITIUM DEBITUM
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