Sir Martin Wright, in his "Treatise on Tenures," published in 1730, p. 61, remarks:
"Though it is true that the possessions of the Normans were of a sudden very great, and that they received most of them from the hands of William I., yet it does not follow that the king took all the lands of England out of the hands of their several owners, claiming them as his spoils of war, or as a parcel of a conquered country; but, on the contrary, it appears pretty plain from the history of those times that the king either had or pretended title to the crown, and that his title, real or pretended, was established by the death of Harold, which amounted to an unquestionable judgment in his favor. He did not therefore treat his opposers as enemies, but as traitors, agreeably to the known laws of the kingdom which subjected traitors not only to the loss of life but of all their possessions."
He adds (p. 63):
"As William I. did not claim to possess himself of the lands of England as the spoils of conquest, so neither did he tyrannically and arbitrarily subject them to feudal dependence; but, as the fedual law was at that time the prevailing law of Europe, William I., who had always governed by this policy, might probably recommend it to our ancestors as the most obvious and ready way to put them upon a footing with their neighbors, and to secure the nation against any future attempts from them. We accordingly find among the laws of William I. a law enacting feudal law itself, not EO NOMINE, but in effect, inasmuch as it requires from all persons the same engagements to, and introduces the same dependence upon, the king as supreme lord of all the lands of England, as were supposed to be due to a supreme lord by the feudal law. The law I mean is the LII. law of William I."
This view is adopted by Sir William Blackstone, who writes (vol. ii., p. 47):
"From the prodicious slaughter of the English nobility at the battle of Hastings, and the fruitless insurrection of those who survived, such numerous forfeitures had accrued that he (William) was able to reward his Norman followers with very large and extensive possessions, which gave a handle to monkish historians, and such as have implicitly followed them to represent him as having by the right of the sword, seized upon all the lands of England, and dealt them out again to his own favorites—a supposition grounded upon a mistaken sense of the word conquest, which in its feudal acceptation signifies no more than acquisition, and this has led many hasty writers into a strange historical mistake, and one which, upon the slightest examination, will be found to be most untrue.
"We learn from a Saxon chronicle (A.D. 1085), that in the nineteenth year of King William's reign, an invasion was apprehended from Denmark; and the military constitution of the Saxons being then laid aside, and no other introduced in its stead, the kingdom was wholly defenceless; which occasioned the king to bring over a large army of Normans and Britons who were quartered upon, and greatly oppressed, the people. This apparent weakness, together with the grievances occasioned by a foreign force, might co-operate with the king's remonstrance, and better incline the nobility to listen to his proposals for putting them in a position of defence. For, as soon as the danger was over, the king held a great council to inquire into the state of the nation, the immediate consequence of which was the compiling of the great survey called the Doomsday Book, which was finished the next year; and in the end of that very year (1086) the king was attended by all his nobility at Sarum, where the principal landholders submitted their lands to the yoke of military tenure, and became the king's vassals, and did homage and fealty to his person."
Mr. Henry Hallam writes:
"One innovation made by William upon the feudal law is very deserving of attention. By the leading principle of feuds, an oath of fealty was due from the vassal to the lord of whom he immediately held the land, and no other. The King of France long after this period had no feudal, and scarcely any royal, authority over the tenants of his own vassals; but William received at Salisbury, in 1085, the fealty of all landholders in England, both those who held in chief and their tenants, thus breaking in upon the feudal compact in its most essential attribute—the exclusive dependence of a VASSAL upon his lord; and this may be reckoned among the several causes which prevented the continental notions of independence upon the Crown from ever taking root among the English aristocracy."
A more recent writer, Mr. FREEMAN ("History of the Norman Conquest," published in 1871, vol. iv., p. 695), repeats the same idea, though not exactly in the same words. After describing the assemblage which encamped in the plains around Salisbury, he says: