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
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.
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