Henry the Second by Mrs. J. R. Green
page 5 of 185 (02%)
page 5 of 185 (02%)
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Council still survived as the relic and heir both of the English
Witenagemot and the Norman Feudal Court. But in matters of State its "counsel" was scarcely asked or given; its "consent" was yielded as a mere matter of form; no discussion or hesitation interrupted the formal and pompous display of final submission to the royal will. The Church under its Norman bishops, foreign officials trained in the King's chapel, was no longer a united national force, as it had been in the time of the Saxon kings. The mass of the people was of no account in politics. The trading class scarcely as yet existed. The villeins tied to the soil of the manor on which they had been born, and shut out from all courts save those of their lord; inhabitants of the little hamlets that lay along the river-courses in clearings among dense woods, suspicious of strangers, isolated by an intense jealousy of all that lay beyond their own boundaries or by traditional feuds, had no part in the political life of the nation. But the central government had proved in the long run too weak to check the growth of feudal tendencies. The land was studded with fortresses--the homes of lords who exercised criminal jurisdiction without appeal, and who had their private prisons and private gallows. Their manor courts, whether they were feudal courts established by the new nobility of the Conquest, or whether they represented ancient franchises in which Norman lords succeeded to the jurisdiction of earlier English rulers, were more and more turned into mere feudal courts. In the Shire courts themselves the English sheriff who used to preside over the court was replaced by a Norman "_vicecomes_," who practically did as he chose, or as he was used to do in Normandy, in questions of procedure, proof, and judgment. The old English hundred courts, where the peasants' petty crimes had once been judged by the freemen of the district, had now in most cases become part of the fief |
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