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
(1) _Feodum militis integrum._ The origin of the knight’s fee is
obscured by a network of conflicting theories. A thread of connection is
sometimes traced between it and the mysterious five-hide unit of
Anglo-Saxon times; other authorities would ascribe its introduction into
England to a definite act of some great personage—either William the
Conqueror, according to Selden, who founds on a well-known but
untrustworthy passage in Ordericus Vitalis, or Ranulf Flambard,
according to Freeman, Stubbs, and Gneist. It seems probable that the
Normans, here as elsewhere, pursued their policy of avoiding an open
rupture with the past, and that the Conqueror adapted as far as possible
the existing system of land tenure to his own needs. There is little
doubt, in light of the evidence accumulated by Mr. Round in his _Feudal
England_, that William I. stipulated verbally for the service of a
definite number of knights from every fief bestowed by him on his Norman
followers. A knight’s fee or _scutum_ thus became a measure of military
service, and of feudal assessment; _servitium unius militis_ was a
well-known legal unit. But a difficult problem arises when it is asked
what definite equation, if any, existed between land and service. Three
answers have been given: (_a_) A definite ratio exists between amount of
service and extent of ground. In other words, the knight’s fee contains
a fixed area of land; every five hides sent one warrior, thus preserving
the old Anglo-Saxon unit.[365] (_b_) The ratio lies not between service
and extent, but between service and value. An estate of £20 annual
rental sends one knight to the king’s wars; the normal knight’s fee
contains 20 librates of land.[366] (_c_) Other authorities deny that any
proportion exists at all: William the Conqueror exacted from each of his
grantees precisely as much or as little knight’s service as he saw fit.
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Footnote 365:
C. Pearson, _Hist. of Engl._, I. 375, note 2.
Footnote 366:
J. H. Round, _Feudal England_, 295.
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Public-domain text, read in full here on John Shaqi.
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