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
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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