Feudalism – 2

This was the social system which William the Conqueror and his barons had been accustomed to see at work in France.

Continuing Feudalism in France and England,
our selection from William Stubbs. The selection is presented in seven easy 5 minute installments.

Previously in Feudalism in France and England.

Time: 9th. To 12th. Century

This was the social system which William the Conqueror and his barons had been accustomed to see at work in France. One part of it — the feudal tenure of land — was perhaps the only kind of tenure which they could understand; the king was the original lord and every title issued mediately or immediately from him. The other part, the governmental system of feudalism, was the point on which sooner or later the duke and his barons were sure to differ. Already the incompatibility of the system with the existence of the strong central power had been exemplified in Normandy, where the strength of the dukes had been tasked to maintain their hold on the castles and to enforce their own high justice. Much more difficult would England be to retain in Norman hands if the new king allowed himself to be fettered by the French system.

On the other hand the Norman barons would fain rise a step in the social scale answering to that by which their duke had become a king; and they aspired to the same independence which they had seen enjoyed by the counts of Southern and Eastern France. Nor was the aspiration on their part altogether unreasonable; they had joined in the Conquest rather as sharers in the great adventure than as mere vassals of the duke, whose birth they despised as much as they feared his strength. William, however, was wise and wary as well as strong. While, by the insensible process of custom or rather by the mere assumption that feudal tenure of land was the only lawful and reasonable one, the Frankish system of tenure was substituted for the Anglo-Saxon, the organization of government on the same basis was not equally a matter of course.

The Conqueror himself was too strong to suffer that organization to become formidable in his reign but neither the brutal force of William Rufus nor the heavy and equal pressure of the government of Henry I could extinguish the tendency toward it. It was only after it had, under Stephen, broken out into anarchy and plunged the whole nation in misery; when the great houses founded by the barons of the Conquest had suffered forfeiture or extinction; when the Normans had become Englishmen under the legal and constitutional reforms of Henry II — that the royal authority, in close alliance with the nation, was enabled to put an end to the evil.

William the Conqueror claimed the crown of England as the chosen heir of Edward the Confessor. It was a claim which the English did not admit and of which the Normans saw the fallacy but which he himself consistently maintained and did his best to justify. In that claim he saw not only the justification of the Conquest in the eyes of the church but his great safeguard against the jealous and aggressive host by whose aid he had realized it; therefore, immediately after the battle of Hastings he proceeded to seek the national recognition of its validity. He obtained it from the divided and dismayed witan with no great trouble and was crowned by the archbishop of York — the most influential and patriotic among them — binding himself by the constitutional promises of justice and good laws. Standing before the altar at Westminster, “in the presence of the clergy and people he promised with an oath that he would defend God’s holy churches and their rulers; that he would, moreover, rule the whole people subject to him with righteousness and royal providence; would enact and hold fast right law and utterly forbid rapine and unrighteous judgments.” The form of election and acceptance was regularly observed and the legal position of the new King completed before he went forth to finish the Conquest.

Had it not been for this the Norman host might have fairly claimed a division of the land such as the Danes had made in the ninth century. But to the people who had recognized William it was but just that the chance should be given them of retaining what was their own. Accordingly, when the lands of all those who had fought for Harold were confiscated, those who were willing to acknowledge William were allowed to redeem theirs, either paying money at once or giving hostages for the payment. That under this redemption lay the idea of a new title to the lands redeemed may be regarded as questionable. The feudal lawyer might take one view and the plundered proprietor another. But if charters of confirmation or regrant were generally issued on the occasion to those who were willing to redeem, there can be no doubt that, as soon as the feudal law gained general acceptance, these would be regarded as conveying a feudal title. What to the English might be a mere payment of fyrdwite or composition for a recognized offence, might to the Normans seem equivalent to forfeiture and restoration.

But however this was, the process of confiscation and redistribution of lands under the new title began from the moment of the coronation. The next few years, occupied in the reduction of Western and Northern England, added largely to the stock of divisible estates. The tyranny of Odo of Bayeux and William Fitzosbern, which provoked attempts at rebellion in 1067; the stand made by the house of Godwin in Devonshire in 1068; the attempts of Mercia and Northumbria to shake off the Normans in 1069 and 1070; the last struggle for independence in 1071, in which Edwin and Morcar finally fell; the conspiracy of the Norman earls in 1074, in consequence of which Waltheof perished — all tended to the same result.

After each effort the royal hand was laid on more heavily; more and more land changed owners and with the change of owners the title changed. The complicated and unintelligible irregularities of the Anglo-Saxon tenures were exchanged for the simple and uniform feudal theory. The fifteen hundred tenants-in-chief of Domesday Book take the place of the countless land-owners of King Edward’s time and the loose, unsystematic arrangements which had grown up in the confusion of title, tenure and jurisdiction were replaced by systematic custom. The change was effected without any legislative act, simply by the process of transfer under circumstances in which simplicity and uniformity were an absolute necessity. It was not the change from allodial to feudal so much as from confusion to order.

Continued.

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