The ideal of feudalism, never realised in England, was that the king and
his tenants-in-chief should hold law-courts, which the tenant or the
sub-tenants should be bound to attend to have their cases tried according
to statute rules. But the system was only imperfectly carried out, and the
fact that the tenant-in-chief, or feudal lord, had the right to levy taxes
(called "tallage" or "tailles") on his vassels, speedily led to all sorts
of tyranny and abuse. Still, the feudal courts could not engross the
legislation for the excellent reason that the quick-witted Conqueror had
preserved the Witanagenot and the courts of the shire and the hundred to
check the barons. The latter made a big effort to introduce the
Continental system of feudalism, by which each of them would have been
supreme in his domain; but the plans were defeated as we have seen.
William's successors were men of a different stamp, and the system proved
unworkable in the hands of weaker men. "The prince," says Hume, "finding
that greater opposition was often made to him when he enforced the laws
than when he violated them, was apt to render his own will and pleasure
the sole rule of government, and on every emergency to consider the power
of the persons whom he might offend rather than the rights of those whom
he might injure." The mischievous course pleased none, and the royal
prerogative was at last systematically assailed by the barons in the time
of John, and the Magna Charta wrestled from him. The concessions then made
were of benefit to the barons rather than to the landless and dependent
classes, and it remained for the third Edward to diminish their power and
increase the liberties of the populace.
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