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
Those few coerls whose land was not taken by a baron remained free
and held their land "in socage" and became known as sokemen. They
were not fighting men, and did not give homage, but might give
fealty, i.e. fidelity. Many free sokemen were caught up in the
subjugation by baron landlords and were reduced almost to the
condition of the unfree villein. The services they performed for
their lords were often indistinguishable. They might also hold
their land by villein tenure, although free as a person with the
legal rights of a freeman. The freeman still had a place in court
proceedings which the unfree villein did not.
Great stone cathedrals were built in fortified towns for the
Conquerer's Norman bishops, who replaced the English bishops. Most
of the existing and new monasteries functioned as training grounds
for scholars, bishops, and statesmen rather than as retreats from
the world's problems to the security of religious observance. The
number of monks grew as the best minds were recruited into the
monasteries.
The Conquerer made the church subordinate to him. Bishops were
elected only subject to the King's consent. The bishops had to
accept the status of barons. Homage was exacted from them before
they were consecrated, and fealty and an oath afterward. The
Conquerer imposed knight's service on bishoprics, abbeys, and
monasteries, which was usually commuted to a monetary amount.
Bishops had to attend the King's court. Bishops could not leave
the realm without the King's consent. No royal tenant or royal
servant could be excommunicated, nor his lands be placed under
interdict, without the King's consent. Interdict could demand, for
instance, that the church be closed and the dead buried in
unconsecrated ground. No church rules could be made without his
agreement to their terms. No letters from the pope could be
received without the King's permission. The Archbishop of
Canterbury was still recognized as a primary advisor to the king.
Over the years, the selection for this office frequently became a
source of contention among king, pope, and clergy.
Men continued to give land to the church for their souls, such as
this grant which started the town of Sandwich: "William, King of
the English, to Lanfranc the Archbishop and Hugoni de Montfort and
Richard son of Earl Gilbert and Haimo the sheriff and all the
thegns of Kent, French and English, greeting. Know ye that the
Bishop of Bayeux my brother for the love of God and for the
salvation of my soul and his own, has given to St. Trinity all
houses with their appurtenances which he has at Sandwich and that
he has given what he has given by my license." Many private owners
of churches gave them to cathedrals or monastic communities,
partly to ensure their long term survival, and partly because of
church pressure.
Public-domain text, read in full here on John Shaqi.
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