An Introduction to the Industrial and Social History of England | Page 9

Edward Potts Cheyney
and of great interest from many points of view, are disappointing to the student of history. They were obtained for the financial purposes of government, and cannot be made to give the clear picture of the life of the people and of the relations of different classes to one another which would be so welcome, and which is so easily obtained from the great variety of more private documents which came into existence a century and a half later.
The church during this period was not relatively so conspicuous as during Saxon times, but the number of the clergy, both secular and regular, was very large, the bishops and abbots powerful, and the number of monasteries and nunneries increasing. The most important 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
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