The Great Events by Famous Historians [Volumes 1-14]

It has been maintained that a formal and definitive act, forming the initial point of the feudalization of England, is to be found in a clause of the laws, as they are called, of the Conqueror; which directs that every freeman shall affirm, by covenant and oath, that "he will be faithful to King William within England and without, will join him in preserving his lands and honor with all fidelity, and defend him against his enemies." But this injunction is little more than the demand of the oath of allegiance which had been taken to the Anglo-Saxon kings and is here required not of every feudal dependent of the King, but of every freeman or freeholder whatsoever.

In that famous council of Salisbury of 1086, which was summoned immediately after the making of the Domesday survey, we learn from the Chronicle that there came to the King "all his witan, and all the landholders of substance in England whose vassals soever they were, and they all submitted to him, and became his men and swore oaths of allegiance that they would be faithful to him against all others." In this act have been seen the formal acceptance and date of the introduction of feudalism, but it has a very different meaning. The oath described is the oath of allegiance, combined with the act of homage, and obtained from all land-owners, whoever their feudal lord might be. It is a measure of precaution taken against the disintegrating power of feudalism, providing a direct tie between the sovereign and all freeholders which no inferior relation existing between them and the mesne lords would justify them in breaking. The real importance of the passage as bearing on the date of the introduction of feudal tenure is merely that it shows the system to have already become consolidated; all the land-owners of the kingdom had already become, somehow or other, vassals, either of the king or of some tenant under him. The lesson may be learned from the fact of the Domesday survey.

The introduction of such a system would necessarily have effects far wider than the mere modification of the law of tenure; it might be regarded as a means of consolidating and concentrating the whole machinery of government; legislation, taxation, judicature, and military defence were all capable of being organized on the feudal principle, and might have been so had the moral and political results been in harmony with the legal. But its tendency when applied to governmental machinery is disruptive. The great feature of the Conqueror's policy is his defeat of that tendency. Guarding against it he obtained recognition as the King of the nation and, so far as he could understand them and the attitude of the nation allowed, he maintained the usages of the nation. He kept up the popular institutions of the hundred court and the shire court. He confirmed the laws which had been in use in King Edward's days, with the additions which he himself made for the benefit, as he especially tells us, of the English.

We are told, on what seems to be the highest legal authority of the next century, that he issued in his fourth year a commission of inquiry into the national customs, and obtained from sworn representatives of each county a declaration of the laws under which they wished to live. The compilation that bears his name is very little more than a reissue of the code of Canute; and this proceeding helped greatly to reconcile the English people to his rule. Although the oppressions of his later years were far heavier than the measures taken to secure the immediate success of the Conquest, all the troubles of the kingdom after 1075, in his sons' reigns as well as in his own, proceeded from the insubordination of the Normans, not from the attempts of the English to dethrone the king. Very early they learned that, if their interest was not the king's, at least their enemies were his enemies; hence they are invariably found on the royal side against the feudatories.

This accounts for the maintenance of the national force of defence, over and above the feudal army. The fyrd of the English, the general armament of the men of the counties and hundreds, was not abolished at the Conquest, but subsisted even through the reigns of William Rufus and Henry I, to be reformed and reconstituted under Henry II; and in each reign it gave proof of its strength and faithfulness. The witenagemot itself retained the ancient form, the bishops and abbots formed a chief part of it, instead of being, as in Normandy, so insignificant an element that their very participation in deliberation has been doubted. The king sat crowned three times in the year in the old royal towns of Westminster, Winchester, and Gloucester, hearing the complaints of his people, and executing such justice as his knowledge of their law and language and his own imperious will allowed. In all this there is no violent innovation, only such gradual essential changes as twenty eventful years of new actors and new principles must bring, however insensibly the people themselves—passing away and being replaced by their children—may be educated to endurance.