"Statuimus etiam ut omnes LIBERI HOMINES foedere et sacramento affirment
quod intra et extra univereum regnum Anglise (quod olim vocabatur regnum
Britanniae) Wilhielmo suo domino fideles ease volunt, terras et honores
ilius fidelitate ubique servare cum eo et contra inimicos et alienigenas
defendere."
Charter from Textus Roffensis, given by Mr. Stubbs.
"Statuimus etiam ut omnis liber homo feodere et sacramento affirmet,
quod intra et extra Angliam. Willelmo regi fideles ease volunt, terras
et honorem illius omni fidelitate cum eo servare et ante eum contra
inimicos defendere."
I think the documents I have quoted show that Sir Martin Wright, Sir
William Blackstone, and Messrs. Hallam and FREEMAN, labored under a
mistake in supposing that William had introduced or imposed a new feudal
law, or that the vassals of a lord swore allegiance to the king. The
introduction to the laws of William I. shows that it was not a new
enactment, or a Norman custom introduced into England, and the law
itself proves that it relates to FREEMEN, and not to vassals.
The misapprehension of these authors may have arisen in this way:
William I. had two distinct sets of subjects. The NORMANS, who had
taken the oath of allegiance on obtaining investiture, and whose
retinue included vassals; and the ANGLO-SAXONS, among whom vassalage was
unknown, who were FREEMAN (LIBERI HOMINES) as distinguished from serfs.
The former comprised those in possesion of Odhal (noble) land, whether
held from the crown or its tenants. It was quite unnecessary to convoke
the Normans and their vassals, while the assemblage of the Saxons--OMNES
LIBERI HOMINES--was not only to conformity with the laws of Edward
the Confessor, but was specially needful when a foreigner had possesed
himself of the throne.
I have perhaps dwelt to long upon this point, but the error to which I
have referred has been adopted as if it was an unquestioned fact, and
has passed into our school-books and become part of the education given
to the young, and therefore it required some examination.
I believe that a very large portion of the land in England did not
change hands at that period, nor was the position of either SERFS
or VILLEINS changed. The great alteration lay in the increase in the
quantity of BOC-LAND. Much of the FOLC-LAND was forfeited and seized
upon, and as the king claimed the right to give it away, it was called
TERRA REGIS. The charter granted by King William to Alan Fergent, Duke
of Bretagne, of the lands and towns, and the rest of the inheritance of
Edwin, Earl of Yorkshire, runs thus:
"Ego Guilielmus cognomine Bastardus, Rex Anglise do et concede tibi
nepoti meo Alano Brittanias Comiti et hseredibus tuis imperpetuum omnes
villas et terras qua nuper fuerent Comitis Edwini in Eborashina cum
feodis militise et aliis libertatibus et consuetudinibus ita libere et
honorifice sicut idem Edwinus eadem tenuit.
"Data obsidione coram civitate Eboraci."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account