The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
that its general meaning is _the giver of bread_(57). Now herein lurks
something which has greatly affected all later political and social
arrangements. The institution of the _comitatus_ in its first state
had nothing whatever to do with the holding of land. But the _man_
looked for reward of his faithful service at the hands of his _lord_;
he looked for the bread of which his lord’s title proclaimed him as
the giver. There was of course no form of reward, no form of _bread_,
so convenient or so honourable as that of a grant of land to be held
as the reward of past and the condition of future service. Moreover
the custom of granting out lands to be held by the tenure of military
service had become common in the later days of Roman power(58). Such
lands were of course held, not of the Emperor as a personal lord, but
of the Roman Commonwealth of which he was the head and representative.
But the custom of holding lands by military service fell in well with
the Teutonic institution of personal service, and the union of the two
in the same person produced that feudal relation which has had such
an important bearing on all political and social life through the
whole of the middle ages and down to our own time. The land granted
by the lord to his man, or the land which the man agreed to hold as
if it had been so granted, might be a kingdom held of the Emperor or
the Pope, or it might be the smallest estate held of a more powerful
neighbour. In either case, such a holding by military service was a
_fief_, and from the institution of such fiefs the so-called Feudal
System, with all its manifold workings for good and for evil, had its
rise. But so far as the Feudal System existed, either in England or in
any other country, it existed wholly as a system which had grown up by
the side of an earlier system which it wholly or partially displaced.
The feudal tenant, holding his land of a lord by military service
gradually supplanted, wholly or partially, in most countries of Europe,
the _allodial_ holder who held his land of no other man, and who knew
no superior but God and the Law(59). In England this change took place
only gradually and partially; it was through the Norman Conquest, or,
more accurately, through the subtle legal theories which came in with
the Norman Conquest, that it was finally established. And, after all,
it was rather in theory than in fact that it was established. The
Feudal System, as something spreading into every corner of the land,
and affecting every relation of life, never obtained the same complete
establishment in England which it did in some continental countries.
Public-domain text, read in full here on John Shaqi.
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