Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
Declaring the English who fought against him to be traitors, the
Conquerer declared their land confiscated. But he allowed those
who were willing to acknowledge him to redeem their land by a
payment of money. As William conquered the land of the realm, he
parceled it out among the barons who fought with him so that each
baron was given the holdings of an Anglo-Saxon predecessor,
scattered though they were. The barons again made oaths of
personal loyalty to him [fealty]. They agreed to hold the land as
his vassals with future military services to him and receipt of
his protection. They gave him homage by placing their hands within
his and saying "I become your man for the tenement I hold of you,
and I will bear you faith in life and member [limb] and earthly
honor against all men". They held their land "of their lord", the
King, by knight's service. The king had "enfeoffed" them [given
them a fief: a source of income] with land. The theory that by
right all land was the King's and that land was held by others
only at his gift and in return for specified service was new to
English thought. The original duration of a knight's fee until
about 1100 was for his life; thereafter it was heritable. The word
"knight" came to replace the word "thegn" as a person who received
his position and land by fighting for the King. The exact
obligation of knight's service was to furnish a fully armed
horseman to serve at his own expense for forty days in the year.
This service was not limited to defense of the country, but
included fighting abroad. The baron led his own knights under his
banner. The foot soldiers were from the fyrd or were mercenaries.
Every free man was sworn to join in the defense of the king, his
lands and his honor, within England and without.
The Saxon governing class was destroyed. The independent power of
earls, who had been drawn from three great family houses, was
curtailed. Most died or fled the country. Some men were allowed to
redeem their land by money payment if they showed loyalty to the
Conquerer. Well-born women crowded into nunneries to escape Norman
violence. The people were deprived of their most popular leaders,
who were excluded from all positions of trust and profit,
especially all the clergy. The earldoms became fiefs instead of
magistracies.
Public-domain text, read in full here on John Shaqi.
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