William the Conqueror [74]
act of William. In this way they are wonderfully instructive; but from the formulae alone no one could ever make the real facts of William's coming and reign. It is the incidental notices which make us more at home in the local and personal life of this reign than of any reign before or for a long time after. The Commissioners had to report whether the King's will had been everywhere carried out, whether every man, great and small, French and English, had what the King meant him to have, neither more nor less. And they had often to report a state of things different from what the King had meant to be. Many men had not all that King William had meant them to have, and many others had much more. Normans had taken both from Englishmen and from other Normans. Englishmen had taken from Englishmen; some had taken from ecclesiastical bodies; some had taken from King William himself; nay King William himself holds lands which he ought to give up to another man. This last entry at least shows that William was fully ready to do right, according to his notions of right. So also the King's two brothers are set down among the chief offenders. Of these unlawful holdings of land, marked in the technical language of the Survey as INVASIONES and OCCUPATIONES, many were doubtless real cases of violent seizure, without excuse even according to William's reading of the law. But this does not always follow, even when the language of the Survey would seem to imply it. Words implying violence, PER VIM and the like, are used in the legal language of all ages, where no force has been used, merely to mark a possession as illegal. We are startled at finding the Apostle Paul set down as one of the offenders; but the words "sanctus Paulus invasit" mean no more than that the canons of Saint Paul's church in London held lands to which the Commissioners held that they had no good title. It is these cases where one man held land which another claimed that gave opportunity for those personal details, stories, notices of tenures and customs, which make Domesday the most precious store of knowledge of the time.
One fruitful and instructive source of dispute comes from the way in which the lands in this or that district were commonly granted out. The in-comer, commonly a foreigner, received all the lands which such and such a man, commonly a dispossessed Englishman, held in that shire or district. The grantee stepped exactly into the place of the ANTECESSOR; he inherited all his rights and all his burthens. He inherited therewith any disputes as to the extent of the lands of the ANTECESSOR or as to the nature of his tenure. And new disputes arose in the process of transfer. One common source of dispute was when the former owner, besides lands which were strictly his own, held lands on lease, subject to a reversionary interest on the part of the Crown or the Church. The lease or sale--EMERE is the usual word--of Church lands for three lives to return to the Church at the end of the third life was very common. If the ANTECESSOR was himself the third life, the grantee, his HEIR, had no claim to the land; and in any case he could take in only with all its existing liabilities. But the grantee often took possession of the whole of the land held by the ANTECESSOR, as if it were all alike his own. A crowd of complaints followed from all manner of injured persons and bodies, great and small, French and English, lay and clerical. The Commissioners seem to have fairly heard all, and to have fairly reported all for the King to judge of. It is their care to do right to all men which has given us such strange glimpses of the inner life of an age which had none like it before or after.
The general Survey followed by the general homage might seem to mark William's work in England, his work as an English statesman, as done. He could hardly have had time to redress the many cases of wrong which the Survey laid before him; but he was able to wring yet another tax out of the nation according to his new and more certain register. He then, for the
One fruitful and instructive source of dispute comes from the way in which the lands in this or that district were commonly granted out. The in-comer, commonly a foreigner, received all the lands which such and such a man, commonly a dispossessed Englishman, held in that shire or district. The grantee stepped exactly into the place of the ANTECESSOR; he inherited all his rights and all his burthens. He inherited therewith any disputes as to the extent of the lands of the ANTECESSOR or as to the nature of his tenure. And new disputes arose in the process of transfer. One common source of dispute was when the former owner, besides lands which were strictly his own, held lands on lease, subject to a reversionary interest on the part of the Crown or the Church. The lease or sale--EMERE is the usual word--of Church lands for three lives to return to the Church at the end of the third life was very common. If the ANTECESSOR was himself the third life, the grantee, his HEIR, had no claim to the land; and in any case he could take in only with all its existing liabilities. But the grantee often took possession of the whole of the land held by the ANTECESSOR, as if it were all alike his own. A crowd of complaints followed from all manner of injured persons and bodies, great and small, French and English, lay and clerical. The Commissioners seem to have fairly heard all, and to have fairly reported all for the King to judge of. It is their care to do right to all men which has given us such strange glimpses of the inner life of an age which had none like it before or after.
The general Survey followed by the general homage might seem to mark William's work in England, his work as an English statesman, as done. He could hardly have had time to redress the many cases of wrong which the Survey laid before him; but he was able to wring yet another tax out of the nation according to his new and more certain register. He then, for the