on, for which there were many previous
precedents. Those who called upon him to ascend it alleged "that they
had always been ruled by legal power, and desired to follow in that
respect the example of their ancestors, and they knew of no one more
worthy than himself to hold the reins of government."
His alleged title to the crown, sanctioned by success and confirmed
by election, enabled him, in conformity with existing institutions, to
seize upon the lands of Harold and his adherents, and to grant them as
rewards to his followers. Such confiscation and gifts were entirely in
accord with existing usages, and the great alteration which took place
in the principal fiefs was more a change of persons than of law. A large
body of the aboriginal people had been, and continued to be, serfs or
villeins; while the mass of the FREEMEN (LIBERI HOMINES) remained in
possession of their holdings.
It may not be out of place here to say a few words about this important
class, which is in reality the backbone of the British constitution;
it was the mainstay of the ANGLO-SAXON monarchy; it lost its influence
during the civil wars of the Plantagenets, but reasserted its power
under Cromwell. Dr. Robertson thus draws the line between them and the
vassals:
"In the same manner Liber homo is commonly opposed to Vassus or
Vassalus, the former denoting an allodial proprietor, the latter one who
held of a superior. These FREEMEN were under an obligation to serve
the state, and this duty was considered so sacred that FREEMEN were
prohibited from entering into holy orders, unless they obtained the
consent of the sovereign."
De Lolme, chap. i., sec. 5, says:
"The Liber homo, or FREEMAN, has existed in this country from the
earliest periods, as well as of authentic as of traditionary history,
entitled to that station in society as one of his constitutional rights,
as being descended from free parents in contradistinction to 'villains,'
which should be borne in remembrance, because the term 'FREEMAN' has
been, in modern times, perverted from its constitutional signification
without any statutable authority." The LIBERI HOMINES are so described
in the Doomsday Book. They were the only men of honor, faith, trust,
and reputation in the kingdom; and from among such of these as were not
barons, the knights did choose jurymen, served on juries themselves,
bare offices, and dispatched country business. Many of the LIBERI
HOMINES held of the king in
|