The History of England from the Norman Conquest to the Death of John (1066-1216)Adams, George Burton
History
The History of England from the Norman Conquest to the Death of John (1066-1216)
Adams, George Burton
Great Britain -- History -- Medieval period, 1066-1485
The loudest complaints of these oppressions have come down to us in
regard to Canterbury and the other ecclesiastical baronies which fell
vacant after the death of Lanfranc. This is what we should expect: the
writers are monks. It seems from the evidence, also, that in most cases
no exact division had as yet been made between those lands belonging to a
monastic bishop or an abbot, which should be considered particularly to
form the barony, and those which should be assigned to the support of the
monastic body. Such a division was made in time, but where it had not
been made before the occurrence of a vacancy, it was more than likely
that the monks were placed on very short commons, and the right of the
king to the revenues interpreted in the most ample sense. The charter of
Henry I shows that in the case of lay fiefs the rights of the king,
logically involved in the feudal system, had been stretched to their
utmost limit, and even beyond. It would be very strange if this were not
still more true in the case of ecclesiastical fiefs. The monks, we may be
sure, had abundant grounds for their complaints. But we should notice
that what they have in justice to complain of is the oppressive abuse of
real rights. The system of Ranulf Flambard, so far as we can determine
what it was, does not differ in its main features from that which was in
operation without objection in the time of Henry II. The vacant
ecclesiastical, like the vacant lay, fief fell back into the king's
domain. It is difficult to determine just what its legal status was then
considered to be, but it was perhaps regarded as a fief reverting on
failure of heirs. Certainly it was sometimes treated as only an escheated
or forfeited lay fief would be treated. Its revenues might be collected
by the ordinary machinery, as they had been under the bishop, and turned
into the king's treasury; or it might be farmed out as a whole to the
highest bidder. There could be no valid objection to this. If the legal
position which Lanfranc had so vigorously defended was correct, that a
bishop might be tried as a baron by a lay court and a lay process, with
no infringement of his ecclesiastical rights, then there could be no
defence against this further extension of feudal principles. Relief,
wardship, and escheat were perfectly legitimate feudal rights, and there
was no reason which the state would consider valid why they should not be
enforced in all fiefs alike. The case of the Bishop of Durham, in 1088,
had already established a precedent for the forfeiture of an
ecclesiastical barony for the treason of its holder, and in that case the
king had granted fiefs within that barony to his own vassals. Still more
clearly would such a fief return to the king's hands, if it were vacant.
But if the right was clear, it might still be true that the enforcement
of it was new and accompanied with great practical abuses. Of this much
probably we must hold Ranulf Flambard guilty.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account