FREE BOOKS

Author's List




PREV.   NEXT  
|<   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50  
51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   >>   >|  
t bears out the interpretation sought to be put upon it--that it altered either the feudalism of England, or the relation of the vassal to his lord; and it must be borne in mind that not only did William derive his title to the crown from Edward the Confessor, but he preserved the apparent continuity, and re-enacted the laws of his predecessor. Wilkins' "Laws of the ANGLO-SAXONs and Normans," republished in 1840 by the Record Commissioners, gives the following introduction: "Here begin the laws of Edward, the glorious king of England. "After the fourth year of the succession to the kingdom of William of this land, that is England, he ordered all the English noble and wise men and acquainted with the law, through the whole country, to be summoned before his council of barons, in order to be acquainted with their customs, Having therefore selected from all the counties twelve, they were sworn solemnly to proceed as diligently as they might to write their laws and customs, nothing omitting, nothing adding, and nothing changing." Then follow the laws, thirty-nine in number, thus showing the continuity of system, and proving that William imposed upon his Norman followers the laws of the ANGLO-SAXONs. They do not include the LII. William I., to which I shall refer hereafter. I may, however, observe that the demonstration at Salisbury was not of a legislative character; and that it was held in conformity with ANGLO-SAXON usages. If, according to Stubbs, the ordinance was a charter, it would proceed from the king alone. The idea involved in the statements of Sir Martin Wright, Mr. Hallam, and Mr. FREEMAN, that the VASSAL OF A LORD was then called on to swear allegiance to the KING, and that it altered the feudal bond in England, is not supported by the oath of vassalage. In swearing fealty, the vassal knelt, placed his hands between those of his lord's, and swore: "I become your man from this day forward, of life and limb, and of earthly worship, and unto you shall be true and faithful, and bear you faith for the tenements at that I claim to hold of you, saving the faith that I owe unto our Sovereign Lord the King." This shows that it was unnecessary to call vassals to Salisbury to swear allegiance. The assemblage was of the same nature and character as previous meetings. It was composed of the LIBERI HOMINES, the FREEMEN, described by the learned John Selden (ante, p. 10), and by Dr. Robertson and De Lolme (ante, pp
PREV.   NEXT  
|<   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50  
51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   >>   >|  



Top keywords:

England

 
William
 

Salisbury

 
character
 

SAXONs

 

customs

 
proceed
 

acquainted

 

allegiance

 

altered


vassal

 
Edward
 

continuity

 

Selden

 

called

 

VASSAL

 

learned

 
vassalage
 

supported

 

feudal


FREEMAN

 

Hallam

 

ordinance

 

charter

 

Stubbs

 
Robertson
 
usages
 

swearing

 
Martin
 

Wright


statements
 

involved

 

tenements

 

nature

 
previous
 

meetings

 

faithful

 

saving

 
unnecessary
 

assemblage


Sovereign

 
conformity
 

worship

 

vassals

 

FREEMEN

 
composed
 

earthly

 
forward
 

HOMINES

 

LIBERI