William the Conqueror by E. A. Freeman
page 114 of 177 (64%)
page 114 of 177 (64%)
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distinctly see William as an English statesman, as a statesman who
knew how to work a radical change under conservative forms. One enactment, perhaps the earliest of all, provided for the safety of the strangers who had come with him to subdue and to settle in the land. The murder of a Norman by an Englishman, especially of a Norman intruder by a dispossessed Englishman, was a thing that doubtless often happened. William therefore provides for the safety of those whom he calls "the men whom I brought with me or who have come after me;" that is, the warriors of Senlac, Exeter, and York. These men are put within his own peace; wrong done to them is wrong done to the King, his crown and dignity. If the murderer cannot be found, the lord and, failing him, the hundred, must make payment to the King. Of this grew the presentment of Englishry, one of the few formal badges of distinction between the conquering and the conquered race. Its practical need could not have lasted beyond a generation or two, but it went on as a form ages after it had lost all meaning. An unknown corpse, unless it could be proved that the dead man was English, was assumed to be that of a man who had come with King William, and the fine was levied. Some other enactments were needed when two nations lived side by side in the same land. As in earlier times, Roman and barbarian each kept his own law, so now for some purposes the Frenchman--"Francigena"--and the Englishman kept their own law. This is chiefly with regard to the modes of appealing to God's judgement in doubtful cases. The English did this by ordeal, the Normans by wager of battle. When a man of one nation appealed a man of the other, the accused chose the mode of trial. If an Englishman appealed a Frenchman and declined to prove his charge either way, the Frenchman might clear himself by oath. But these privileges were strictly confined to Frenchmen who had come with |
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