第28章 V. (11)

The Law de Murdro, or the Common Fine for a Norman or Frenchman slain, and the offender not discovered: The Law for the Oath of Allegiance to the King: The Introduction of the Trial by single Combat, which many Learned Men have thought was not in Use here in England before Will. 1. And the Law touching Knights Service, which Bracton, Lib. 2 supposes to be introduced by the Conqueror, viz.

Quod omnes Comites Milites & Servientes & universi liberi homines totius Regni habeant & teneant se semper bene in Armis &in Equis ut decet & quod sint semper prompti & bene parati ad Servitium suum integrum nobis explendum & peragendum cum semper Opus affuerit secundum quod nobis de F eodo debent & Tenementis suis de Jure facere & sicut illis statuimus per Commune Concilium totius Regini praedicti, & illis dedimus & concessimus in Feodo jure haereditario.

Wherein we may observe, that this Constitution seems to point at Two Things, viz. The assizing of Men for Arms, which was frequent under the Title De assidenda ad Arma, and is afterwards particularly enforc'd and rectified by the Statute of Winton, 13Ed. I and next of Conventional Services reserved by Tenures upon Grants made out of the Crown or Knights Service, called in Latin, Forinsecum, or Regale Servitium.

And Note, That these Laws were not imposed ad Libitum Regis, but they were such as were settled Per Commune Concilium Regni, and possibly at that very Time when Twelve out of every County were return'd to ascertain the Confessor's Laws, as before is mentioned out of Hoveden, which appears to be as sufficient and effectual a Parliament as ever was held in England.

By all which it is apparent, First, That William I did not pretend, nor indeed could he pretend, notwithstanding this Nominal Conquest, to alter the Laws of this Kingdom without common Consent in Communi Concilio Regni, or in Parliament. And, Secondly, That if there could be any Pretence of any such Right, or if in that turbulent Time something of that Kind had happened;yet by all those solemn Capitulations, Oaths, and Concessions, that Pretence was wholly avoided, and the ancient Laws of the Kingdom settled, and were not to be altered, or added unto, at the Pleasure of the Conqueror, without Consent in Parliament.

In the Seventeenth Year of his Reign, (or as some say, the Fifteenth) he began that great Survey, recorded in Two Books, called, The Great Doomsday Book, and Little Doomsday Book, and finished it in the Twentieth year of his Reign, Anno Domini 1086, as appears by the learned Preface of Mr Selden to Eadmerus, and indeed by the Books themselves. The Original Record of which is still extant, remaining in the Custody of the Vice-Chamberlains of his Majesty's Exchequer. This Record contains a Survey of all the ancient Demesn Lands of the Kingdom, and contains in many Manors, not only the Tenants Names, with the Quantity of Lands and their Values, but likewise the Number and Quality of the Residents or Inhabitants, with divers Rights, Privileges, and Customs claimed by them; and being made and found by Verdict or Presentment of Juries in every Hundred or Division upon their Oaths, there was no receeding from, or avoiding what was written in this Record: And therefore as Gervasius Tilburiensis says, Page 41. "Ob hoc nos eundem Librum Judiciarium Nominamus; Non quod in eo de propositis aliquibus dubiis seratur sententia, sed quod ab eo sicut ab ultimo Die Judicii non licet ulla ratione descedere."And thus much shall suffice touching the Fifth General Head;namely, of the Progress made after the Coming-in of King William, relating to the Laws of England, their Establishment, Settlement, and Alteration. If any one be minded to see what this Prince did in reference to Ecclesiasticks, let him consult Eadmerus, and the learned Notes of Mr. Selden upon it, especially Page 1 67, 168, &c. where he shall find how this King divided the Episcopal Consistory from the County Court, and how he restrain'd the Clergy and their Courts from exercising ecclesiastical Jurisdiction upon Tenants in Capite.