The principal Norman chieftains were barons in their own country, and
they retained that position in England, but their holdings in both were
feudal, not hereditary. When the Crown, originally elective, became
hereditary, the barons sought to have their possessions governed by the
same rule, to remove them from the class of TERRAREGIS (FOLC-LAND), and
to convert them into chartered land. Being gifts from the monarch, he
had the right to direct the descent, and all charters which gave land
to a man and his heirs, made each of them only a tenant for life; the
possessor was bound to hand over the estate undivided to the heir, and
he could neither give, sell, nor bequeath it. The land was BENEFICIA,
just as appointments in the Church, and reverted, as they do, to the
patron to be re-granted. They were held upon military service, and the
major barons, adopting the Saxon title Earl, claimed to be PEERS of
the monarch, and were called to the councils of the state as
barons-by-tenure. In reply to a QUO WARRANTO, issued to the Earl of
Surrey, in the reign of Edward I., he asserted that his ancestors had
assisted William in gaining England, and were equally entitled to
a share of the spoils. "It was," said he, "by their swords that his
ancestors had obtained their lands, and that by his he would maintain
his rights." The same monarch required the Earls of Hereford and Norfolk
to go over with his army to Guienne, and they replied, "The tenure of
our lands does not require us to do so, unless the king went in person."
The king insisted; the earls were firm. "By God, sir Earl," said Edward
to Hereford, "you shall go or hang." "By God, sir King," replied the
earl, "I will neither go nor hang." The king submitted and forgave his
warmth.
The struggle between the nobles and the Crown commenced, and was
continued, under varying circumstances. Each of the barons had a large
retinue of armed men under his own command, and the Crown was liable to
be overborne by a union of ambitious nobles. At one time the monarch had
to face them at Runnymede and yield to their demands; at another he was
able to restrain them with a strong hand. The Church and the barons,
when acting in union, proved too strong for the sovereign, and he had to
secure the alliance of one of these parties to defeat the views of the
other. The barons abused their power over the FREEMEN, and sought to
establish the rule "that every man must have a lord," thus reducing
them to a state of vassalage. King John separated the barons into two
classes--major and minor; the former should have at least thirteen
knights' fees and a third part; the latter remained country gentlemen.
The 20th Henry III., cap. 2 and 4, was passed to secure the rights of
FREEMEN, who were disturbed by the great lords, and gave them an appeal
to the king's courts of assize.
Bracton, an eminent lawyer who wrote in the time of Henry III., says:
Public-domain text, read in full here on John Shaqi.
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