This charter does not create a different title, but gives the lands as
held by the former possessor. The monarch assumed the function of the
fole-gemot, but the principle remained--the feudee only became tenant
for life. Each estate reverted to the Crown on the death of him who held
it; but, previous to acquiring possession, the new tenant had to cease
to be his own "man," and became the "man" of his superior. This act was
called "homage," and was followed by "investiture." In A.D. 1175, Prince
Henry refused to trust himself with his father till his homage had been
renewed and accepted, for it bound the superior to protect the inferior.
The process is thus described by De Lolme (chap, ii., sec. 1):
"On the death of the ancestor, lands holden by 'knight's service' and
by 'grand sergeantcy' were, upon inquisition finding the tenure and
the death of the ancestor, seized into the king's hands. If the heir
appeared by the inquisition to be within the age of twenty-one
years, the King retained the lands till the heir attained the age of
twenty-one, for his own profit, maintaining and educating the heir
according to his rank. If the heir appeared by the inquisition to have
attained twenty-one, he was entitled to demand livery of the lands by
the king's officers on paying a relief and doing fealty and homage. The
minor heir attaining twenty-one, and proving his age, was entitled to
livery of his lands, on doing fealty and homage, without paying any
relief."
The idea involved is, that the lands Were HELD, and NOT OWNED, and that
the proprietary right lay in the nation, as represented by the king.
If we adopt the poetic idea of the Brehon code, that "land is perpetual
man," then HOMAGE for land was not a degrading institution. But it is
repugnant to our ideas to think that any man can, on any ground, or for
any consideration, part with his manhood, and become by homage the "man"
of another.
The Norman chieftains claimed to be peers of the monarch, and to sit in
the councils of the nation, as barons-by-tenure and not by patent.
This was a decided innovation upon the usages of the Anglo-Saxons, and
ultimately converted the Parliament, the FOLC-GEMOT, into two branches.
Those who accompanied the king stood in the same position as the
companions of Romulus, they were the PATRICIANS; those subsequently
called to the councils of the sovereign by patent corresponded with
the Roman NOBILES. No such patents were issued by any of the Norman
monarchs. But the insolence of the Norman nobles led to the attempt made
by the successors of the Conqueror to revive the Saxon earldoms as a
counterpoise. The weakness of Stephen enabled the greater fudges to
fortify their castles, and they set up claims against the Crown, which
aggravated the discord that arose in subsequent reigns.
The "Saxon Chronicles," p. 238, thus describes the oppressions of the
nobles, and the state of England in the reign of Stephen:
Public-domain text, read in full here on John Shaqi.
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