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
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. Bishops
periodically inspected the parishes in their dioceses to maintain
discipline aqnd settle any matters that were beyond the local priest's
competence, for instance the sacrament of confirmation, in which was
conferred upon a Christian soul a special strengthening grace after he
confirmed his belief in the tenets of Christianity. 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.
Public-domain text, read in full here on John Shaqi.
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