It is unnecessary to recapitulate here all the points in which the Anglo-Saxon institutions were already approaching the feudal model; it may be assumed that the actual obligation of military service was much the same in both systems, and that even the amount of land which was bound to furnish a mounted warrior was the same however the conformity may have been produced. The heriot of the English earl or thegn was in close resemblance with the relief of the Norman count or knight. But however close the resemblance, something was now added that made the two identical. The change of the heriot to the relief implies a suspension of ownership, and carries with it the custom of "livery of seisin." The heriot was the payment of a debt from the dead man to his lord; his son succeeded him by allodial right. The relief was paid by the heir before he could obtain his father's lands; between the death of the father and livery of seisin to the son the right of the "overlord" had entered; the ownership was to a certain extent resumed, and the succession of the heir took somewhat of the character of a new grant. The right of wardship also became in the same way a reëntry, by the lord, on the profits of the estate of the minor, instead of being, as before, a protection, by the head of the kin, of the indefeasible rights of the heir, which it was the duty of the whole community to maintain.
There can be no doubt that the military tenure—the most prominent feature of historical feudalism—was itself introduced by the same gradual process which we have assumed in the case of the feudal usages in general. We have no light on the point from any original grant made by the Conqueror to a lay follower, but judging by the grants made to the churches we cannot suppose it probable that such gifts were made on any expressed condition, or accepted with a distinct pledge to provide a certain contingent of knights for the king's service. The obligation of national defence was incumbent, as of old, on all land-owners, and the customary service of one fully armed man for each five hides of land was probably the rate at which the newly endowed follower of the king would be expected to discharge his duty. The wording of the Domesday survey does not imply that in this respect the new military service differed from the old; the land is marked out, not into knights' fees, but into hides, and the number of knights to be furnished by a particular feudatory would be ascertained by inquiring the number of hides that he held, without apportioning the particular acres that were to support the particular knight.
It would undoubtedly be on the estates of the lay vassals that a more definite usage would first be adopted, and knights bound by feudal obligations to their lords receive a definite estate from them. Our earliest information, however, on this as on most points of tenure, is derived from the notices of ecclesiastical practice. Lanfranc, we are told, turned the drengs, the rent-paying tenants of his archiepiscopal estates, into knights for the defence of the country; he enfeoffed a certain number of knights who performed the military service due from the archiepiscopal barony. This had been done before the Domesday survey, and almost necessarily implies that a like measure had been taken by the lay vassals. Lanfranc likewise maintained ten knights to answer for the military service due from the convent of Christ Church, which made over to him, in consideration of the relief, land worth two hundred pounds annually. The value of the knight's fee must already have been fixed at twenty pounds a year.
In the reign of William Rufus the abbot of Ramsey obtained a charter which exempted his monastery from the service of ten knights due from it on festivals, substituting the obligation to furnish three knights to perform service on the north of the Thames—a proof that the lands of that house had not yet been divided into knights' fees. In the next reign, we may infer—from the favor granted by the King to the knights who defended their lands per loricas (that is, by the hauberk) that their demesne lands shall be exempt from pecuniary taxation—that the process of definite military infeudation had largely advanced. But it was not even yet forced on the clerical or monastic estates. When, in 1167, the abbot of Milton, in Dorset, was questioned as to the number of knights' fees for which he had to account, he replied that all the services due from his monastery were discharged out of the demesne; but he added that in the reign of Henry I, during a vacancy in the abbacy, Bishop Roger, of Salisbury, had enfeoffed two knights out of the abbey lands. He had, however, subsequently reversed the act and had restored the lands, whose tenure had been thus altered, to their original condition of rent-paying estate or "socage."
The very term "the new feoffment," which was applied to the knights' fees created between the death of Henry I and the year in which the account preserved in the Black Book of the exchequer was taken, proves that the process was going on for nearly a hundred years, and that the form in which the knights' fees appear when called on by Henry II for "scutage" was most probably the result of a series of compositions by which the great vassals relieved their lands from a general burden by carving out particular estates, the holders of which performed the services due from the whole; it was a matter of convenience and not of tyrannical pressure. The statement of Ordericus Vitalis that the Conqueror "distributed lands to his knights in such fashion that the kingdom of England should have forever sixty thousand knights, and furnish them at the king's command according to the occasion," must be regarded as one of the many numerical exaggerations of the early historians. The officers of the exchequer in the twelfth century were quite unable to fix the number of existing knights' fees.
It cannot even be granted that a definite area of land was necessary to constitute a knight's fee; for although at a later period and in local computations we may find four or five hides adopted as a basis of calculation, where the extent of the particular knight's fee is given exactly, it affords no ground for such a conclusion. In the Liber Niger we find knights' fees of two hides and a half, of two hides, of four, five, and six hides. Geoffrey Ridel states that his father held one hundred and eighty-four carucates and a virgate, for which the service of fifteen knights was due, but that no knights' fees had been carved out of it, the obligation lying equally on every carucate. The archbishop of York had far more knights than his tenure required. It is impossible to avoid the conclusion that the extent of a knight's fee was determined by rent or valuation rather than acreage, and that the common quantity was really expressed in the twenty librates, the twenty pounds' worth of annual value which until the reign of Edward I was the qualification for knighthood.
It is most probable that no regular account of the knights' fees was ever taken until they became liable to taxation, either in the form of auxilium militum under Henry I, or in that of scutage under his grandson. The facts, however, which are here adduced, preclude the possibility of referring this portion of the feudal innovations to the direct legislation of the Conqueror. It may be regarded as a secondary question whether the knighthood here referred to was completed by the investiture with knightly arms and the honorable accolade. The ceremonial of knighthood was practised by the Normans, whereas the evidence that the English had retained the primitive practice of investing the youthful warrior is insufficient; yet it would be rash to infer that so early as this, if indeed it ever was the case, every possessor of a knight's fee received formal initiation before he assumed his spurs. But every such analogy would make the process of transition easier and prevent the necessity of any general legislative act of change.
It has been maintained that a formal and definitive act, forming the initial point of the feudalization of England, is to be found in a clause of the laws, as they are called, of the Conqueror; which directs that every freeman shall affirm, by covenant and oath, that "he will be faithful to King William within England and without, will join him in preserving his lands and honor with all fidelity, and defend him against his enemies." But this injunction is little more than the demand of the oath of allegiance which had been taken to the Anglo-Saxon kings and is here required not of every feudal dependent of the King, but of every freeman or freeholder whatsoever.
In that famous council of Salisbury of 1086, which was summoned immediately after the making of the Domesday survey, we learn from the Chronicle that there came to the King "all his witan, and all the landholders of substance in England whose vassals soever they were, and they all submitted to him, and became his men and swore oaths of allegiance that they would be faithful to him against all others." In this act have been seen the formal acceptance and date of the introduction of feudalism, but it has a very different meaning. The oath described is the oath of allegiance, combined with the act of homage, and obtained from all land-owners, whoever their feudal lord might be. It is a measure of precaution taken against the disintegrating power of feudalism, providing a direct tie between the sovereign and all freeholders which no inferior relation existing between them and the mesne lords would justify them in breaking. The real importance of the passage as bearing on the date of the introduction of feudal tenure is merely that it shows the system to have already become consolidated; all the land-owners of the kingdom had already become, somehow or other, vassals, either of the king or of some tenant under him. The lesson may be learned from the fact of the Domesday survey.
The introduction of such a system would necessarily have effects far wider than the mere modification of the law of tenure; it might be regarded as a means of consolidating and concentrating the whole machinery of government; legislation, taxation, judicature, and military defence were all capable of being organized on the feudal principle, and might have been so had the moral and political results been in harmony with the legal. But its tendency when applied to governmental machinery is disruptive. The great feature of the Conqueror's policy is his defeat of that tendency. Guarding against it he obtained recognition as the King of the nation and, so far as he could understand them and the attitude of the nation allowed, he maintained the usages of the nation. He kept up the popular institutions of the hundred court and the shire court. He confirmed the laws which had been in use in King Edward's days, with the additions which he himself made for the benefit, as he especially tells us, of the English.