"One innovation made by William upon the feudal law is very deserving of
attention. By the leading principle of feuds, an oath of fealty was due
from the vassal to the lord of whom he immediately held the land, and
no other. The King of France long after this period had no feudal, and
scarcely any royal, authority over the tenants of his own vassals; but
William received at Salisbury, in 1085, the fealty of all landholders in
England, both those who held in chief and their tenants, thus breaking
in upon the feudal compact in its most essential attribute--the
exclusive dependence of a VASSAL upon his lord; and this may be reckoned
among the several causes which prevented the continental notions of
independence upon the Crown from ever taking root among the English
aristocracy."
A more recent writer, Mr. FREEMAN ("History of the Norman Conquest,"
published in 1871, vol. iv., p. 695), repeats the same idea, though
not exactly in the same words. After describing the assemblage which
encamped in the plains around Salisbury, he says:
"In this great meeting a decree was passed, which is one of the most
memorable pieces of legislation in the whole history of England. In
other lands where military tenure existed, it was beginning to be held
that he who plighted his faith to a lord, who was the man of the king,
was the man of that lord only, and did not become the man of the king
himself. It was beginning to be held that if such a man followed his
immediate lord to battle against the common sovereign, the lord might
draw on himself the guilt of treason, but the men that followed him
would be guiltless. William himself would have been amazed if any vassal
of his had refused to draw his sword in a war with France on the score
of duty toward an over-lord. But in England, at all events, William
was determined to be full king over the whole land, to be immediate
sovereign and immediate lord of every man. A statute was passed that
every FREEMAN in the realm should take the oath of fealty to King
William."
Mr. FREEMAN quotes Stubbs's "Select Charters," p. 80, as his authority.
Stubbs gives the text of that charter, with ten others. He says: "These
charters are from 'Textus Roffensis,' a manuscript written during the
reign of Henry I.; it contains the sum and substance of all the legal
enactments made by the Conqueror independent of his confirmation of the
earlier laws." It is as follows: "Statuimus etiam ut OMNIS LIBER HOMO
feodere et sacramento affirmet, quod intra et extra Angliam Willelmo
regi fideles esse volunt, terras et honorem illius omni fidelitate cum
eo servare et eum contra inimicos defendere."
It will be perceived that Mr. Hallam reads LIBER HOMO as "vassal." Mr.
FREEMAN reads them as "FREEMAN," while the older authority, Sir Martin
Wright, says: "I have translated the words LIBERI HOMINES, 'owners of
land,' because the sense agrees best with the tenor of the law."
Public-domain text, read in full here on John Shaqi.
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