49. A Doomsday Manor: Hecham, Essex, A.D. 1086 Doomsday Book The 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. 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 1 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 heir, after his father's days; and I will not suffer any person to do you wrong. God keep you. (Historical Charters and Constitutional Documents of the City of London, p. 1. Lond. 1884.) 54. Exactions of William Rufas Ordericus Vitalis The striking contrast between the administration of William the Conqueror and that of his son, William Rufas, is clearly shown in the following quotation from the contemporary chronicler ORDERICUS VITALIS. While these events were occurring in Normandy, beyond sea, and enormous sums were prodigally spent in useless armaments, Ranulph Flambard, now made bishop of Durham, and the other minions and officers of the king, were robbing England, and, worse than thieves, pillaged without mercy the granaries of the farmers and the stores of the merchants, not even restraining their bloody hands from plundering the church. On the death of the prelates, they immediately intruded themselves into their places by a violent exercise of the royal authority, and seized without decency whatever they found in their treasuries. They took into the king's hands the domains of the monasteries and the revenues of the bishoprics, and exacted from the abbots or bishops who still survived enormous sums of money. Thus amassing, by fair means or foul, an immense amount of contributions, they remitted it to the king beyond sea, to be employed on his own occasions whether good or bad. Vast sums, accumulated by these taxes, were presented to the king who used them ostentatiously to enrich foreigners. But the native inhabitants, unjustly spoiled of their goods, were in great distress and cried lamentably to God, who delivered Israel from the hand of Moab, when Eglon the corpulent king was slain by Aoth, the left-handed. (Ordericus Vitalis, book X, c. 8, ed. cited.) 55. The Charter of Liberties of Henry I. Ancient Laws and Institutes of England William Rufas was succeeded by Henry, the third son of William the Conqueror. Henry's first public act was to issue a charter of liberties. This important charter was not only of great value to Henry's subjects, but a century later it was to form the basis of the demands which led King John to grant the Magna Charta (No. 80). The two documents should be studied together. In the year of the incarnation of the Lord, 1101, Henry, son of King William, after the death of his brother William, by the grace of God, king of the English, to all faithful, greeting: 1. Know that by the mercy of God, and by the common counsel of the barons of the whole kingdom of England, I have been crowned king of the same kingdom; and because the kingdom has been oppressed by unjust exactions, I, from regard to God, and from the love which I have toward you, in the first place make the holy church of God free, so that I will neither sell nor place at rent, nor, when archbishop, or bishop, or abbot is dead, will I take anything from the domain of the church, or from its men, until a successor is installed into it. And all the evil customs by which the realm of England was unjustly oppressed will I take away, which evil customs I partly set down here. 2. If any one of my barons, or earls, or others who hold from me shall have died, his heir shall not redeem his land as he did in the time of my brother, but shall relieve it by a just and legitimate relief. Similarly also the men of my barons shall relieve their lands from their lords by a just and legitimate relief. 3. And if any one of the barons or other men of mine wishes to give his daughter in marriage, or his sister or niece or relation, he must speak with me about it, but I will neither take anything from him for this permission, nor forbid him to give her in marriage, unless he should wish to join her to my enemy. And if when a baron or other man of mine is dead, a daughter remains as his heir, I will give her in marriage according to the judgment of my barons, along with her land. And if when a man is dead his wife remains, and is without children, she shall have her dowry and right of marriage, and I will not give her to a husband except to her will. 4. And if a wife has survived with children, she shall have her dowry and right of marriage, so long as she shall have kept her body legitimately, and I will not give her in marriage, except according to her will. And the guardian of the land and children shall be either the wife or another one of the relatives as shall seem to be most just. And I require that my barons should deal similarly with the sons and daughters or wives of their men. 5. The common tax on money which used to be taken through the cities and counties, which was not taken in the |