The History of England Volume I

Appendix II. The Feudal and Anglo-Norman Government and Manners

HuVol1_401-504.indd 455 1/29/10 1:55 PM APPENDIX II THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS Origin ofthefeudal law Its progress -Feudal government ofEngland Thefeudal parliament - The commons Judicial power - Revenue ofthe crown Commerce - The church Civil Laws -Manners T HE FEUDAL LAW is the chief foundation, both of the political government and of the jurisprudence, established by the Normans in England. Our subject therefore requires, that we should form a just idea of this law, in order to explain the state, as well of that kingdom, as of all other kingdoms of Europe, which, during those ages, were governed by similar institutions. And though I am sensible, that I must here repeat many observations and reflections, which have been communicated by others;m yet, as every book, agreeably to the observation of a great historian,n should be as complete as possible within itself, and should never refer, for any thing material, to other books, it will be necessary, in this place, to deliver a short plan of that prodigious fabric, which, m L'Esprit de Loix. Dr. Robertson's History of Scotland. n Padre Paolo Hist. Cone. T rid. 455 HuVol1_401-504.indd 456 1/29/10 1:55 PM Origin of the feudal law. HISTORY OF ENGLAND for several centuries, preserved such a mixture of liberty and oppression , order and anarchy, stability and revolution, as was never experienced in any other age or any other part of the world. After the northern nations had subdued the provinces of the Roman empire, they were obliged to establish a system of government , which might secure their conquests, as well against the revolt of their numerous subjects, who remained in the provinces, as from the inroads of other tribes, who might be tempted to ravish from them their new acquisitions. The great change of circumstances made them here depart from those institutions, which prevailed among them, while they remained in the forests of Germany ; yet was it still natural for them to retain, in their present settlement, as much of their ancient customs as was compatible with their new situation. The German governments, being more a confederacy of independant warriors, than a civil subjection, derived their principal force from many inferior and voluntary associations, which individuals formed under a particular head or chieftain, and which it became the highest point of honour to maintain with inviolable fidelity. The glory of the chief consisted in the number, the bravery , and the zealous attachment of his retainers: The duty of the retainers required, that they should accompany their chief in all wars and dangers, that they should fight and perish by his side, and that they should esteem his renown or his favour a sufficient recompence for all their services." The prince himself was nothing but a great chieftain, who was chosen from among the rest, on account of his superior valour or nobility; and who derived his power from the voluntary association or attachment of the other chieftains. When a tribe governed by these ideas, and actuated by these principles, subdued a large territory, they found, that, though it was necessary to keep themselves in a military posture, they could neither remain united in a body, nor take up their quarters in several garrisons, and that their manners and institutions debarred them from using these expedients; the obvious ones, which, in a like situation, would have been employed by a more civilized nation. Their ignorance in the art of finances, and perhaps the devastations inseparable from such violent conquests, 0 Tacit. de Mor. Germ. HuVol1_401-504.indd 457 1/29/10 1:55 PM 457 APPENDIX II rendered it impracticable for them to levy taxes sufficient for the pay of numerous armies; and their repugnance to subordination, with their attachment to rural pleasures, made the life of the camp or garrison, if perpetuated during peaceful times, extremely odious and disgustful to them. They seized, therefore, such a portion of the conquered lands as appeared necessary; they assigned a share for supporting the dignity of their prince and government; they distributed other parts, under the title of fiefs, to the chiefs; these made a new partition among their retainers; the express condition of all these grants was, that they might be resumed at pleasure, and that the possessor, so long as he enjoyed them, should still remain in readiness to take the field for the defence...