Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
William’s policy was one of balancing. His whole career in England was
characteristically inaugurated by his care to support his claim to the
throne on a double basis. Not content to depend merely on the right of
conquest, he insisted on having his title confirmed by a body claiming
to represent the old Witenagemot of England, and he further alleged that
he had been formally named as successor by his kinsman, Edward
Confessor, a nomination strengthened by the renunciation of Harold in
his favour. Thus, to his Norman followers claiming to have set him by
force of arms on his throne, William might point to the form of election
by the Witan, while for his English subjects, claiming to have elected
him, the presence of the foreign troops was an even more effective
argument. Throughout his reign, his plan was to balance the old English
laws and institutions against the new Norman ones, with himself as
umpire over all. Thus he retained whatever suited him in Anglo-Saxon
customs. Roger of Hoveden tells us how, in the fourth year of his reign,
twelve of the subject English from each county—noble, wise, and learned
in the laws—were summoned to recite on oath the old customs of the
land.[1] He retained, too, the old popular moots or meetings of the
shire and hundred as a counterpoise to the feudal jurisdictions; the
fyrd or militia of all free men as a set-off to the feudal levy; and
such of the incidents of the old Anglo-Saxon tenures of land as met his
requirements.
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Footnote 1:
R. Hoveden, _Chronica_, II. 218.
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Thus the subject English, with their customs and ancient institutions,
were used as expedients for modifying the excesses of feudalism.
William, however, did not shrink from innovations where these suited his
purpose. The great earldoms into which England had been divided, even
down to the Norman Conquest, were abolished. New earldoms were indeed
created, but on an entirely different basis. Even the great officers,
subsequently known as Earls Palatine, always few in number, never
attained either to the extent of territory or to the independence of the
Anglo-Saxon ealdormen. William was chary of creating even ordinary
earls, and such as he did create soon became mere holders of empty
titles of honour, while they found themselves ousted from all real power
by the Norman _vicecomites_ or sheriffs. No English earl was a “count”
in the continental sense (that is, a real ruler of a “county”). Further,
no earl was allowed to hold too large an estate within his titular
shire; and William, while compelled to reward his followers’ services
with great possessions, was careful that these should be split up in
widely scattered districts of his Kingdom. Thus the great feudatories
were prevented from consolidating their resources against the Crown.
Public-domain text, read in full here on John Shaqi.
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