Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
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 folding
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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