Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
The English people were disarmed. Curfew bells were rung at 7:00
PM when everyone had to remain in their own dwellings on pain of
death and all fires and candles were to be put out, This
prevented any nightly gatherings, assassinations, or seditions.
Order was brought to the kingdom so that no man dare kill
another, no matter how great the injury he had received. William
extended the King's peace on high roads to include the whole
nation. Any individual of any rank could travel from end to end
of the land unharmed. Before, prudent travelers would travel
only in groups of twenty.
The barons subjugated the English who were on their newly
acquired land. There began a hierarchy of seisin [rightful
occupation] of land so that there could be no land without its
lord. Also, every lord had a superior lord with the King as the
overlord or supreme landlord. One piece of land may be held by
several tenures. For instance, A, holding by barons's service of
the King, may enfeoff B, a church, to hold of him on the terms
of praying for the souls of his ancestors, and B may enfeoff a
freeman C to hold of the church by giving it a certain
percentage of his crops every year. There were about 200 barons
who held land directly of the King. Other fighting men were the
knights, who were tenants or subtenants of a baron. Knighthood
began as a reward for valor on the field of battle by the King
or a noble. Altogether there were about 5000 fighting men
holding land.
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 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.
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. 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 of
every freeman to take an oath of loyalty directly to the King
that would supersede any oath to any other man gave the nation a
new unity.
Public-domain text, read in full here on John Shaqi.
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