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
The essence of Norman feudalism was that the land remained under
the lord, whatever the vassal might do. The lord had the duty to
defend the vassals on his land. The vassal owed military service
to the lord and also the service of attending the courts of the
hundred and the county [formerly "shire"], which were courts of
the King, administering old customary law. They were the King's
courts on the principle that a crime anywhere was a breach of the
King's peace. The King's peace that had covered his residence and
household had extended to places where he might travel, such as
highways, rivers, bridges, churches, monasteries, markets, and
towns, and then encompassed every place, replacing the general
public peace. Infraction of the King's peace incurred fines to
the King.
This feudal bond based on occupancy of land rather than on
personal ties was uniform throughout the realm. No longer could a
man choose his lord and transfer his land with him to a new lord.
He held his land at the will of his lord, to be terminated anytime
the lord decided to do so. A tenant could not alienate his land
without permission of his lord. In later eras, tenancies would be
held for the life of the tenant, and even later, for his life and
those of his heirs.
This uniformity of land organization plus the new requirement that
every freeman take an oath of loyalty directly to the king to
assist him in preserving his lands and honor and defending him
against his enemies, which oath would supersede any oath to any
other man, gave the nation a new unity. The king could call men
directly to the fyrd, summon them to his court, and tax them
without intervention of their lords. And the people learned to
look to the king for protection from abuse by their lords.
English villani, bordarii, cottarii, and servi on the land of the
barons were subjugated into a condition of "villeinage" servitude
and became "tied to the land" so that they could not leave the
land without their lord's permission, except to go on a
pilgrimage. The villeins formed a new bottom class as the
population's percentage of slaves declined dramatically. They held
their land of their lord, the baron. To guard against uprisings of
the conquered people, the barons used villein labor to build about
a hundred great stone castles, with moats and walls with towers
around them, at easily defensible positions such as hilltops all
over the nation.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account