The feudal lord had absolute power over his own family, as well as over
his dependents, the laws of household government being entirely of his
own devising and prompted by his passion, his ignorance, and his
wickedness. Robert de Belesme, Earl of Shropshire and of Arundel and
Shrewsbury, one of the most powerful and defiant barons of Norman times,
tore out the eyes of his own children when they had, in sport, hidden
their faces beneath his cloak. He cast his wife in a dungeon, heavily
fettered; but every night he sent his servants to drag her to his bed, and
in the morning sent her back to her prison. This torture he inflicted upon
her to gain money from her family. He disdained to allow his captives in
war to be ransomed, but impaled them, men and women, upon stakes. His
friends were terrified to approach him, for by way of pleasantry he would
engage them in merry chat and suddenly plunge his sword into their sides
with a loud laugh. No law could touch this man, and no avenger arose to
overcome him. The Warden of the Welsh and English Marches made also his
own laws, which were conceived in a spirit of the utmost cruelty. Border
foragers, for example, were cast into a dungeon, and subjected to the
punishment of having their right hands chopped off with the axe. This
prescribed penalty was often aggravated by additional torture or death.
Feudalism was deep-rooted, so deep-rooted that not the enactments of all
the Normans and Plantagenets could do more than check its growth and
gradually ameliorate its severities. But while some of the old customs
were abolished, the bulk of the laws remained based upon the Anglo-Saxon
customs, so that as one writer has tersely explained, "the Land Laws and
Game Laws are derived from the Normans, the Common Law from the
Anglo-Saxons, and almost all our Statute Laws breathe the spirit of
pre-Norman England." To this Macaulay refers with ill-disguised scorn in
his History: "Our laws and customs have never been lost in general
irreparable ruin. With us the proceedings of the Middle Ages are still
valid precedents, and are still cited on the gravest occasions by the most
eminent statesmen.... Thus in our country the dearest interests of parties
have been staked on the results of the researches of antiquaries." The
historian, however, does admit that there is compensation for the
anomalies which result from this polity. "Other societies possess written
constitutions more symmetrical. But no other society has yet succeeded in
uniting revolution with prescription, progress with stability, the energy
of youth with the majesty of immemorial antiquity." That the spirit of
olden feudalism should sometimes be found surviving in modern laws is
inevitable. Villenage is extinguished, and yet in the very character of
certain classes, as well as in the operation of certain laws affecting
lands and personal privileges, we see a direct connection between the
submission of the bondman in the past to his hereditary master and the
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