Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
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 placing 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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