We are told, on what seems to be the highest legal authority of the next century, that he issued in his fourth year a commission of inquiry into the national customs, and obtained from sworn representatives of each county a declaration of the laws under which they wished to live. The compilation that bears his name is very little more than a reissue of the code of Canute; and this proceeding helped greatly to reconcile the English people to his rule. Although the oppressions of his later years were far heavier than the measures taken to secure the immediate success of the Conquest, all the troubles of the kingdom after 1075, in his sons' reigns as well as in his own, proceeded from the insubordination of the Normans, not from the attempts of the English to dethrone the king. Very early they learned that, if their interest was not the king's, at least their enemies were his enemies; hence they are invariably found on the royal side against the feudatories.
This accounts for the maintenance of the national force of defence, over and above the feudal army. The fyrd of the English, the general armament of the men of the counties and hundreds, was not abolished at the Conquest, but subsisted even through the reigns of William Rufus and Henry I, to be reformed and reconstituted under Henry II; and in each reign it gave proof of its strength and faithfulness. The witenagemot itself retained the ancient form, the bishops and abbots formed a chief part of it, instead of being, as in Normandy, so insignificant an element that their very participation in deliberation has been doubted. The king sat crowned three times in the year in the old royal towns of Westminster, Winchester, and Gloucester, hearing the complaints of his people, and executing such justice as his knowledge of their law and language and his own imperious will allowed. In all this there is no violent innovation, only such gradual essential changes as twenty eventful years of new actors and new principles must bring, however insensibly the people themselves—passing away and being replaced by their children—may be educated to endurance.
It would be wrong to impute to the Conqueror any intention of deceiving the nation by maintaining its official forms while introducing new principles and a new race of administrators. What he saw required change he changed with a high hand. But not the less surely did the change of administrators involve a change of custom, both in the church and in the state. The bishops, ealdormen, and sheriffs of English birth were replaced by Normans; not unreasonably, perhaps, considering the necessity of preserving the balance of the state. With the change of officials came a sort of amalgamation or duplication of titles; the ealdorman or earl became the comes or count; the sheriff became the vicecomes; the office in each case receiving the name of that which corresponded most closely with it in Normandy itself. With the amalgamation of titles came an importation of new principles and possibly new functions; for the Norman count and viscount had not exactly the same customs as the earls and sheriffs. And this ran up into the highest grades of organization; the King's court of counsellors was composed of his feudal tenants; the ownership of land was now the qualification for the witenagemot, instead of wisdom; the earldoms became fiefs instead of magistracies, and even the bishops had to accept the status of barons. There was a very certain danger that the mere change of persons might bring in the whole machinery of hereditary magistracies, and that king and people might be edged out of the administration of justice, taxation, and other functions of supreme or local independence.
Against this it was most important to guard; as the Conqueror learned from the events of the first year of his reign, when the severe rule of Odo and William Fitzosbern had provoked Herefordshire. Ralph Guader, Roger Montgomery, and Hugh of Avranches filled the places of Edwin and Morcar and the brothers of Harold. But the conspiracy of the earls in 1074 opened William's eyes to the danger of this proceeding, and from that time onward he governed the provinces through sheriffs immediately dependent on himself, avoiding the foreign plan of appointing hereditary counts, as well as the English custom of ruling by viceregal ealdormen. He was, however, very sparing in giving earldoms at all, and inclined to confine the title to those who were already counts in Normandy or in France.
To this plan there were some marked exceptions, which may be accounted for either on the ground that the arrangements had been completed before the need of watchfulness was impressed on the King by the treachery of the Normans, or on that of the exigencies of national defence. In these cases he created, or suffered the continuance of, great palatine jurisdictions; earldoms in which the earls were endowed with the superiority of whole counties, so that all the land-owners held feudally of them, in which they received the whole profits of the courts and exercised all the "regalia" or royal rights, nominated the sheriffs, held their own councils, and acted as independent princes except in the owing of homage and fealty to the King. Two of these palatinates, the earldom of Chester and the bishopric of Durham, retained much of their character to our own days. A third, the palatinate of Bishop Odo in Kent, if it were really a jurisdiction of the same sort, came to an end when Odo forfeited the confidence of his brother and nephew. A fourth, the earldom of Shropshire, which is not commonly counted among the palatine jurisdictions, but which possessed under the Montgomery earls all the characteristics of such a dignity, was confiscated after the treason of Robert of Belesme by Henry I. These had been all founded before the conspiracy of 1074; they were also, like the later lordships of the marches, a part of the national defence; Chester and Shropshire kept the Welsh marches in order, Kent was the frontier exposed to attacks from Picardy, and Durham, the patrimony of St. Cuthbert, lay as a sacred boundary between England and Scotland; Northumberland and Cumberland were still a debatable ground between the two kingdoms. Chester was held by its earls as freely by the sword as the King held England by the crown; no lay vassal in the county held of the King, all of the earl. In Shropshire there were only five lay tenants in capite besides Roger Montgomery; in Kent, Bishop Odo held an enormous proportion of the manors, but the nature of his jurisdiction is not very clear, and its duration is too short to make it of much importance. If William founded any earldoms at all after 1074 (which may be doubted), he did it on a very different scale.
The hereditary sheriffdoms he did not guard against with equal care. The Norman viscounties were hereditary, and there was some risk that the English ones would become so too; and with the worst consequences, for the English counties were much larger than the bailiwicks of the Norman viscount, and the authority of the sheriff, when he was relieved from the company of the ealdorman, and was soon to lose that of the bishop, would have no check except the direct control of the King. If William perceived this, it was too late to prevent it entirely; some of the sheriffdoms became hereditary, and continued to be so long after the abuse had become constitutionally dangerous.
The independence of the greater feudatories was still further limited by the principle, which the Conqueror seems to have observed, of avoiding the accumulation in any one hand of a great number of contiguous estates. The rule is not without some important exceptions, and it may have been suggested by the diversity of occasions on which the fiefs were bestowed, but the result is one which William must have foreseen. An insubordinate baron whose strength lay in twelve different counties would have to rouse the suspicions and perhaps to defy the arms of twelve powerful sheriffs, before he could draw his forces to a head. In his manorial courts, scattered and unconnected, he could set up no central tribunal, nor even force a new custom upon his tenants, nor could he attempt oppression on any extensive scale. By such limitation the people were protected and the central power secured.
Yet the changes of ownership, even thus guarded, wrought other changes. It is not to be supposed that the Norman baron, when he had received his fief, proceeded to carve it out into demesne and tenants' land as if he were making a new settlement in an uninhabited country. He might indeed build his castle and enclose his chase with very little respect to the rights of his weaker neighbors, but he did not attempt any such radical change as the legal theory of the creation of manors seems to presume. The name "manor" is of Norman origin: but the estate to which it was given existed, in its essential character, long before the Conquest; it received a new name as the shire also did, but neither the one nor the other was created by this change. The local jurisdictions of the thegns who had grants of sac and soc, or who exercised judicial functions among their free neighbors, were identical with the manorial jurisdictions of the new owners.
It may be conjectured with great probability that in many cases the weaker freemen, who had either willingly or under constraint attended the courts of their great neighbors, were now, under the general infusion of feudal principle, regarded as holding their lands of them as lords; it is not less probable that in a great number of grants the right to suit and service from small land-owners passed from the king to the receiver of the fief as a matter of course; but it is certain that even before the Conquest such a proceeding was not uncommon; Edward the Confessor had transferred to St. Augustine's monastery a number of allodiaries in Kent, and every such measure in the case of a church must have had its parallel in similar grants to laymen. The manorial system brought in a number of new names; and perhaps a duplication of offices. The gerefa of the old thegn, or of the ancient township, was replaced, as president of the courts, by a Norman steward or seneschal; and the bydel of the old system by the bailiff of the new; but the gerefa and bydel still continued to exist in a subordinate capacity as the grave or reeve and the bedell; and when the lord's steward takes his place in the county court, the reeve and four men of the township are there also. The common of the township may be treated as the lord's waste, but the townsmen do not lose their customary share.
The changes that take place in the state have their resulting analogies in every village, but no new England is created; new forms displace but do not destroy the old, and old rights remain, although changed in title and forced into symmetry with a new legal and pseudo-historical theory. The changes may not seem at first sight very oppressive, but they opened the way for oppression; the forms they had introduced tended, under the spirit of Norman legality and feudal selfishness, to become hard realities, and in the profound miseries of Stephen's reign the people learned how completely the new theory left them at the mercy of their lords; nor were all the reforms of his successor more stringent or the struggles of the century that followed a whit more impassioned than were necessary to protect the English yeoman from the men who lived upon his strength.