lished is not to be forgotten; it was such that any man, who was himself aught, might travel over the kingdom with a bosom-full of gold unmolested; and no man durst kill another, however great the injury he might have received from him. He reigned over England, and being sharp-sighted to his own interest, he surveyed the kingdom so thoroughly that there was not a single hide of land throughout the whole, of which he knew not the possessor, and how much it was worth, and this he afterwards entered in his register. The land of the Britons was under his sway, and he built castles therein; moreover he had full dominion over the Isle of Man [Anglesey]: Scotland also was subject to him from his great strength; the land of Normandy was his by inheritance, and he possessed the earldom of Maine; and had he lived two years longer he would have subdued Ireland by his prowess, and that without a battle. Truly there was much trouble in these times, and very great distress; he caused castles to be built, and oppressed the poor. The king was also of great sternness, and he took from his subjects many marks of gold, and many hundred pounds of silver, and this, either with or without right, and with little need. He was given to avarice, and greedily loved gain. He made large forests for the deer, and enacted laws therewith, so that whoever killed a hart or a hind should be blinded. As he forbade killing the deer, so also the boars; and he loved the tall stags as if he were their father. He also appointed concerning the hares, that they should go free. The rich complained and the poor murmured, but he was so sturdy that he recked nought of them; they must will all that the king willed, if they would live; or would keep their lands; or would hold their possessions; or would be maintained in their rights. Alas! that any man should so exalt himself, and carry himself in his pride over all! May Almighty God show mercy to his soul, and grant him the forgiveness of his sins! We have written concerning him these things, both good and bad, that virtuous men might follow after the good, and wholly avoid the evil, and might go in the way that leadeth to the kingdom of heaven. (Anglo-Saxon Chronicle for year 1087, ed. cited.) 48. Doomsday Survey Anglo-Saxon Chronicle The years 1085 and 1086 were of great constitutional and political importance to England. In the first, the Doomsday survey was made. In the second, the Gemot of Salisbury was held. The survey was the greatest fiscal work England had ever known, nor did she for several centuries know another of equal importance. The survey furnished the basis of taxation and military service, as well as that for the establishment and maintenance of the English feudal system. The utility of the return was established at the national gathering, or Gemot, on Salisbury Plain. There William exacted from every landholder oaths of homage, fealty, and allegiance, binding each man directly to the king instead of to the mesne lord- - the great difference between English and Continental feudalism. A. 1085. ... At midwinter the king was at Gloucester with his witan; and he held his court there five days; and afterwards the archbishop and clergy held a synod during three days; and Maurice was there chosen to the bishopric of London, William to that of Norfolk, and Robert to that of Cheshire; they were all clerks of the king. After this the king had a great consultation, and spoke very deeply with his witan concerning this land, how it was held and what were its tenantry. He then sent his men over all England, into every shire, and caused them to ascertain how many hundred hides of land it contained, and what lands the king possessed therein, what cattle there were in the several counties, and how much revenue he ought to receive yearly from each. He also caused them to write down how much land belonged to his archbishops, to his bishops, his abbats, and his earls, and, that I may be brief, what property every inhabitant of all England possessed in land or in cattle, and how much money this was worth. So very narrowly did he cause the survey to be made, that there was not a single hide nor a rood of land, nor it is shameful to relate that which he thought no shame to do - was there an ox, or a cow, or a pig passed by, and that was not set down in the accounts, and then all these writings were brought to him. - A. 1086. This year the king wore his crown and held his court at Winchester at Easter, and he so journeyed forward that he was at Westminster during Pentecost, and there he dubbed his son Henry a knight. And afterwards he travelled about, so that he came to Salisbury at Lammas; and his witan, and all the land-holders of substance in England, whose vassals soever they were, repaired to him there, 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. (Anglo-Saxon Chronicle for years 1085–1086, ed. cited.) 49. A Doomsday Manor: Hecham, Essex, A.D. 1086 Doomsday Book Many extracts from Doomsday Book would no better serve our purpose than does this single one. Herein we can see the method of the examiners in ascertaining the extent of a manor. The purpose was to give the state of the manor as well as an enumeration and valuation of the property as it existed in the days of both Edward and William. Peter de Valence holds in domain Hecham, which Haldane a freeman held in the time of King Edward, as a manor, and as 5 hides. There have always been 2 ploughs in the demesne, 4 ploughs of the men. At that time there were 8 villeins, now 10; then there were 2 bordars, now 3; at both times 4 servi, woods for 300 swine, 18 acres of meadow. Then there were 2 fish ponds and a half, now there are none. At that time there was I ox, now there are 15 cattle and I small horse and 18 swine and 2 hives of bees. At that time it was worth 60s., now £4 10s. When he received this manor he found only I ox and I planted acre. Of those 5 hides spoken of above, one was held in the time of King Edward by 2 freemen, and was added to this manor in the time of King William. It was worth in the time of King Edward 10s., now 22s., and William holds this from Peter de Valence. (Doomsday Book, II, 78b.) 50. William I to Gregory VII William I The following letter from the Conqueror to the Pope presents better than any other single document the relation of the English Church to the Papal See in the eleventh century. The King does not deny the rightfulness of the ecclesiastical tax, for he believed this to be due from all Christians. He, however, positively repudiates the theory that England was a fief of Rome, and sharply checks the interference of Rome in the civil affairs of his kingdom. In this connection, see also No. 51. To Gregory, the most noble Shepherd of the Holy Church, William, by the grace of God renowned king of the English, and duke of the Normans, greeting with amity. Hubert, your legate, Holy Father, coming to me in your behalf, bade me to do fealty to you and your successors, and to think better in the manner of the money which my predecessors were wont to send to the Roman Church: the one point I agreed to, the other I did not agree to. I refused to do fealty, nor will I, because neither have I promised it, nor do I find that my predecessors did it to your predecessors. The money for nearly three years, whilst I was in Gaul, has been carelessly collected; but now that I am come back to my kingdom, by God's mercy, what has been collected is sent by the aforesaid legate, and what remains shall be dispatched when opportunity serves, by the legate of Lanfranc, our faithful archbishop. Pray for us, and for the good estate of our realm, for we have loved your predecessors and desire to love you sincerely, and to hear you obediently before all. (Original Letters Illustrative of English History, ed. H. Ellis, London, 1846.) 51. Royal Supremacy Eadmer William I. was firm in his determination to prevent the encroachment of ecclesiastical authority upon the civil administration. The following selection not only illustrates this principle, but shows the independence of the English State as to papal control. This independence was not seriously questioned by the popes as long as a strong king ruled in the island realm. Eadmer says: "Some of those novel points I will set down which he [William] appointed to be observed... 1. He would not then allow any one settled in all his dominion to acknowledge as apostolic the pontiff of the City of Rome, save at his own bidding, or by any means to receive any letter from him if it had not first been shown to himself. 2. The primate also of his realm, I mean the Archbishop of Canterbury or Dorobernia, presiding over a general Council assembled of bishops, he did not permit to ordain or forbid anything save what had first been ordained by himself as agreeable to his own will. 3. He would not suffer that any, even of his bishops, should be allowed to implead publicly, or excommunicate, or constrain by any penalty of ecclesiastical rigour, any of his barons or ministers accused of incest, or adultery, or any capital crime, save by his command. (Eadmeri Monachi Cantuariensis Historia Novorum... I, 6, Lond. 1623.) 52. Separation of Spiritual and Lay Jurisdiction Ancient Laws and Institutes of England The greatest legal change resulting from the Conquest was the separation of the civil and ecclesiastical courts of law. An end was put to the practice of churchmen sitting as judges in the civil courts, as well as to the administration by the laity of ecclesiastical affairs. The result of the law was to strengthen the power of the ecclesiastical courts. William, by the grace of God king of the English, to R. Bainard, and G. de Magneville, and Peter de Valoines, and all my liege men of Essex, Hertfordshire and Middlesex greeting. Know ye and all my liege men resident in England, that I have by common council, and by the advise of the archbishops, bishops, abbots and chief men of my realm, determined that the episcopal laws be mended as not having been kept properly nor according to the decrees of the sacred canons throughout the realm of England, even to my own times. Accordingly I command and charge you by royal authority that no bishop nor archdeacon do hereafter hold pleas of episcopal laws in the Hundred, nor bring a cause to the judgment of secular men which concerns the rule of souls. But whoever shall be impleaded by the episcopal laws for any cause or crime, let him come to the place which the bishop shall choose and name for this purpose, and there answer for his cause or crime, and not according to the Hundred but according to the canons and episcopal laws, and let him do right to God and his bishop. But if any one, being lifted up with pride, refuse to come to the bishop's court, let him be summoned three several times, and if by this means, even, he come not to obedience, let the authority and justice of the king or sheriff be exerted; and he who refuses to come to the bishop's judgment shall make good the bishop's law for every summons. This too I absolutely forbid that any sheriff, reeve, or king's minister, or any other layman, do in any wise concern himself, with the laws which belong to the bishop, or bring another man to judgment save in the bishop's court. And let judgment be nowhere undergone but in the bishop's see or in that place which the bishop appoints for this purpose. (Ancient Laws and Institutes of England, I, 213.) 53. First Charter of the City of London Historical Charters This, the first charter granted to the City of London, although of great brevity, is of importance because of its recognition of the rights possessed by the citizens of that place. William the king friendly salutes William the bishop, and Godfrey the portreve, and all the burgesses within London, both French and English: And I declare, that I grant you to be all law-worthy, as you were in the days of King Edward; and I grant that every child shall be his father's |