"Ll. William I., 2, below note; see Hovenden, ii., pref. p. 5, seq.,
where I have attempted to prove the spuriousness of the document called
the Charter of William I., printed in the ancient 'Laws' ed. Thorpe, p.
211. The way in which the regulation of the Conqueror here referred
to has been misunderstood and misused is curious. Lambarde, in the
'Archaionomia,' p. 170, printed the false charter in which this genuine
article is incorporated as an appendiz to the French version of the
Conqueror's laws, numbering the clauses 51 to 67; from Lambarde,
the whole thing was transferred by Wilkins into his collection of
ANGLO-SAXON laws. Blackstone's 'Commentary,' ii. 49, suggested that
perhaps the very law (which introduced feudal tenures) thus made at the
Council of Salisbury is that which is still extant and couched in these
remarkable words, i. e., the injunction in question referred to by
Wilkins, p. 228 Ellis, in the introduction to 'Doomsday,' i. 16,
quotes Blackstone, but adds a reference to Wilkins without verifying
Blackstone's quotation from his collection of laws, substituting for
that work the Concilia, in which the law does not occur. Many modern
writers have followed him in referring the enactment of the article
to the Council of Salisbury. It is well to give here the text of both
passages; that in the laws runs thus: 'Statuimus etiam ut omnis liber
homo foedere et sacremento affirmet, quod intra et extra Angliam
Willelmo regi fideles esse volunt, terras et honorem illius omni
fidelitate eum eo servare et ante eum contra inimicos defendere' (Select
Charters, p. 80). the homage done at Salisbury is described by Florence
thus: 'Nec multo post mandavit ut Archiepiscopi episcopi, abbates,
comitas et barones et vicecomitas cum suis militibus die Kalendarum
Augustarem sibi occurent Saresberiae quo cum venissent milites eorem
sibi fidelitatem contra omnes homines jurare coegit.' The 'Chronicle'
is a little more full: 'Thaee him comon to his witan and ealle tha
Landsittende men the ahtes waeron ofer eall Engleland waeron thaes
mannes men the hi waeron and ealle hi bugon to him and waeron his men,
and him hold athas sworon thaet he woldon ongean ealle other men him
holde beon.'"
Mr. Stubbs had, in degree, adopted the view at which I had arrived, that
the law or charter of William I. was an injunction to enforce the oath
of allegiance, previously ordered by the laws of Edward the Confessor,
to be taken by all FREEMEN, and that it did not relate to vassals, or
alter the existing feudalism.
As the subject possesses considerable interest for the general reader
as well as the learned historian, I think it well to place the two
authorities side by side, that the text may be compared:
LII. William I., as given by Eadments. "De fide et obsequio erga Regnum.
Public-domain text, read in full here on John Shaqi.
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