"As William I. did not claim to possess himself of the lands of
England as the spoils of conquest, so neither did he tyrannically and
arbitrarily subject them to feudal dependence; but, as the fedual law
was at that time the prevailing law of Europe, William I., who had
always governed by this policy, might probably recommend it to our
ancestors as the most obvious and ready way to put them upon a footing
with their neighbors, and to secure the nation against any future
attempts from them. We accordingly find among the laws of William I. a
law enacting feudal law itself, not EO NOMINE, but in effect, inasmuch
as it requires from all persons the same engagements to, and introduces
the same dependence upon, the king as supreme lord of all the lands of
England, as were supposed to be due to a supreme lord by the feudal law.
The law I mean is the LII. law of William I."
This view is adopted by Sir William Blackstone, who writes (vol. ii., p.
47):
"From the prodicious slaughter of the English nobility at the battle
of Hastings, and the fruitless insurrection of those who survived, such
numerous forfeitures had accrued that he (William) was able to reward
his Norman followers with very large and extensive possessions, which
gave a handle to monkish historians, and such as have implicitly
followed them to represent him as having by the right of the sword,
seized upon all the lands of England, and dealt them out again to his
own favorites--a supposition grounded upon a mistaken sense of the
word conquest, which in its feudal acceptation signifies no more
than acquisition, and this has led many hasty writers into a strange
historical mistake, and one which, upon the slightest examination, will
be found to be most untrue.
"We learn from a Saxon chronicle (A.D. 1085), that in the nineteenth
year of King William's reign, an invasion was apprehended from Denmark;
and the military constitution of the Saxons being then laid aside, and
no other introduced in its stead, the kingdom was wholly defenceless;
which occasioned the king to bring over a large army of Normans and
Britons who were quartered upon, and greatly oppressed, the people. This
apparent weakness, together with the grievances occasioned by a foreign
force, might co-operate with the king's remonstrance, and better incline
the nobility to listen to his proposals for putting them in a position
of defence. For, as soon as the danger was over, the king held a
great council to inquire into the state of the nation, the immediate
consequence of which was the compiling of the great survey called the
Doomsday Book, which was finished the next year; and in the end of that
very year (1086) the king was attended by all his nobility at Sarum,
where the principal landholders submitted their lands to the yoke of
military tenure, and became the king's vassals, and did homage and
fealty to his person."
Mr. Henry Hallam writes:
Public-domain text, read in full here on John Shaqi.
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