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قراءة كتاب An Introduction to the Industrial and Social History of England

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‏اللغة: English
An Introduction to the Industrial and Social History of England

An Introduction to the Industrial and Social History of England

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دار النشر: Project Gutenberg
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ecclesiastical change was the development of church courts. The bishops or their representatives began to hold courts for the trial of churchmen, the settlement of such suits as churchmen were parties to, and the decision of cases in certain fields of law. This gave the church a new influence, in addition to that which it held from its spiritual duties, from its position as landlord over such extensive tracts, and from the superior enlightenment and mental ability of its prominent officials, but it also gave greater occasion for conflict with the civil government and with private persons.

After the death of Henry I in 1135 a miserable period of confusion and violence ensued. Civil war broke out between two claimants for the crown, Stephen the grandson, and Matilda the granddaughter, of William the Conqueror. The organization of government was allowed to fall into disorder, and but little effort was made to collect the royal revenue, to fulfil the newly acquired judicial duties, or to insist upon order being preserved in the country. The nobles took opposite sides in the contest for the crown, and made use of the weakness of government to act as if they were themselves sovereigns over their estates and the country adjacent to their castles with no ruler above them. Private warfare, oppression of less powerful men, seizure of property, went on unchecked. Every baron's castle became an independent establishment carried on in accordance only with the unbridled will of its lord, as if there were no law and no central authority to which he must bow. The will of the lord was often one of reckless violence, and there was more disorder and suffering in England than at any time since the ravages of the Danes.

In Anglo-Saxon times, when a weak king appeared, the shire moots, or the rulers of groups of shires, exercised the authority which the central government had lost. In the twelfth century, when the power of the royal government was similarly diminished through the weakness of Stephen and the confusions of the civil war, it was a certain class of men, the great nobles, that fell heir to the lost strength of government. This was because of the development of feudalism during the intervening time. The greater landholders had come to exercise over those who held land from them certain powers which in modern times belong to the officers of government only. A landlord could call upon his tenants for military service to him, and for the contribution of money for his expenses; he held a court to decide suits between one tenant and another, and frequently to punish their crimes and misdemeanors; in case of the death of a tenant leaving a minor heir, his landlord became guardian and temporary holder of the land, and if there were no heirs, the land reverted to him, not to the national government. These relations which the great landholders held toward their tenants, the latter, who often themselves were landlords over whole townships or other great tracts of land with their population, held toward their tenants. Sometimes these subtenants granted land to others below them, and over these the last landlord also exercised feudal rights, and so on till the actual occupants and cultivators of the soil were reached. The great nobles had thus come to stand in a middle position. Above them was the king, below them these successive stages of tenants and subtenants. Their tenants owed to them the same financial and political services and duties as they owed to the king. From the time of the Norman Conquest, all land in England was looked upon as being held from the king directly by a comparatively few, and indirectly through them by all others who held land at all. Moreover, from a time at least soon after the Norman Conquest, the services and payments above mentioned came to be recognized as due from all tenants to their lords, and were gradually systematized and defined. Each person or ecclesiastical body that held land from the king owed him the military service of a certain number of knights or armed horse soldiers. The period for which this service was owed was generally estimated as forty days once a year. Subtenants similarly owed military service to their landlords, though in the lesser grades this was almost invariably commuted for money. "Wardship and marriage" was the expression applied to the right of the lord to the guardianship of the estate of a minor heir of his tenant, and to the choice of a husband or wife for the heir when he came of proper age. This right also was early turned into the form of a money consideration. There were a number of money payments pure and simple. "Relief" was a payment to the landlord, usually of a year's income of the estate, made by an heir on obtaining his inheritance. There were three generally acknowledged "aids" or payments of a set sum in proportion to the amount of land held. These were on the occasion of the knighting of the lord's son, of the marriage of his daughter, and for his ransom in case he was captured in war. Land could be confiscated if the tenant violated his duties to his landlord, and it "escheated" to the lord in case of failure of heirs. Every tenant was bound to attend his landlord to help form a court for judicial work, and to submit to the judgment of a court of his fellow-tenants for his own affairs.

In addition to the relations of landlord and tenant and to the power of jurisdiction, taxation, and military service which landlords exercised over their tenants, there was considered to be a close personal relationship between them. Every tenant on obtaining his land went through a ceremony known as "homage," by which he promised faithfulness and service to his lord, vowing on his knees to be his man. The lord in return promised faithfulness, protection, and justice to his tenant. It was this combination of landholding, political rights, and sworn personal fidelity that made up feudalism. It existed in this sense in England from the later Saxon period till late in the Middle Ages, and even in some of its characteristics to quite modern times. The conquest by William of Normandy through the wholesale confiscation and regrant of lands, and through his military arrangements, brought about an almost sudden development and spread of feudalism in England, and it was rapidly systematized and completed in the reigns of his two sons. By its very nature feudalism gives great powers to the higher ranks of the nobility, the great landholders. Under the early Norman kings, however, their strength was kept in tolerably complete check. The anarchy of the reign of Stephen was an indication of the natural tendencies of feudalism without a vigorous king. This time of confusion when, as the contemporary chronicle says, "every man did that which was good in his own eyes," was brought to an end by the accession to the throne of Henry II, a man whose personal abilities and previous training enabled him to bring the royal authority to greater strength than ever, and to put an end to the oppressions of the turbulent nobles.

7. The Period of the Early Angevin Kings, 1154-1338.—The two centuries which now followed saw either the completion or the initiation of most of the characteristics of the English race with which we are familiar in historic times. The race, the language, the law, and the political organization have remained fundamentally the same as they became during the thirteenth and fourteenth centuries. No considerable new addition was made to the population, and the elements which it already contained became so thoroughly fused that it has always since been practically a homogeneous body. The Latin language remained through this whole period and till long afterward the principal language of records, documents, and the affairs of the church. French continued to be the language of the daily intercourse of

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