For this reason he and his Norman successors might properly have called themselves "Kings of England," that is, supreme owners of the soil and rulers over it; but this title of territorial sovereignty was not formally assumed until about fifty years later, in John's reign.
144. The Great Council.
Associated with the King in government was the Great or Central Council, made up of, first, the earls and barons; and secondly, of the archbishops, bishops, and abbots; that is, of all the great landholders holding directly from the Crown. The Great Council usually met three times a year—at Christmas, Easter, and Whitsuntide. All laws were held to be made by the King, acting with the advice and consent of this Council—which in the next century first came to be known as Parliament (1246, 1265, 1295)—but practically the King alone often enacted such laws as he saw fit (SS213, 217).
When a new sovereign came to the throne, it was with the consent or by the election of the Great Council, but their choice was generally limited to some one of the late King's sons, and unless therer was good reason for making a different selection, the oldest was chosen. Finally the right of imposing taxes rested, theoretically at least, in the King and Council, but, in fact, the King himself frequently levied them. This action of the King was a cause of constant irritation and of frequent insurrection.
145. The Private or King's Council.
There was also a second and permanent council, called the King's Council. The three leading officers of this were: first, the Chief Justice, who superintended the execution of the laws, represented the King, and ruled for him during his absence from the country; secondly, the Lord Chancellor (so called from cancelli, the screen behind which he sat with his clerks), who acted as the King's adviser and confidential secretary, and as keeper of the Great Seal, with which he stamped all important papers;[1] thirdly, the Lord High Treasurer, who took charge of the King's revenue, received all moneys due the Crown, and kept the King's treasure in the vaults at Winchester or Westminster.
[1] The Lord Chancellor was also the "Keeper of the King's Conscience," because intrusted with the duty of redressing those grievances of the King's subjects which required royal interference. The Court of Chancery (mentioned on page 73, note 1) grew out of this office.
146. Tallies.
All accounts were kept by the Treasurer on tallies or small sticks, notched on the opposite sides to represent different sums. These were split lengthwise. One was given as a receipt to the sheriff, or other person paying in money to the treasury, while the duplicate of this tally was held by the Treasurer. This primitive method of keeping royal accounts remained legally in force until 1785, in the reign of George III.
147. The Curia Regis,[2] or the King's Court of Justice.
The Chief Justice and Chancellor were generally chosen by the King from among the clergy; first, because the clergy were men of education, while the barons were not; and next, because it was not expedient to intrust too much power to the barons. These officials, with the other members of the Private Council, constituted the King's High Court of Justice.
[2] Curia Regis: This name was given, at different times, first, to the Great or National Council; secondly, to the King's Private Council; and lastly, to the High Court of Justice, consisting of members of the Private Council.
It followed the King as he moved from place to place, to hear and decide cases carried up by appeal from the county courts, together with other questions of importance.[1] In local government the country remained under the Normans essentially the same as it had been before the Conquest. The King continued to be represented in each county by an officer called the sheriff, who collected the taxes and enforced the laws.
[1] The King's High Court of Justice (Curia Regis) was divided, about 1215, into three distinct courts: (1) the Exchequer Court (so called from the chequered cloth which covered the table of the court, and which was probably made useful in counting money), which dealt with cases of finance and revenue; (2) the Court of Common Pleas, which had jurisdiction in civil suits between subject and subject; (3) the Court of King's Bench, which transacted the remaining business, both civil and criminal, and had special jurisdiction over all inferior courts and civil corporations. Later, a fourth court, that of Chancery (see S145, and note 1), over which the Lord Chancellor presided, was established as a court of appeal and equity, to deal with cases where the common law gave no relief.
148. Trial by Battle.
In the administration of justice, Trial by Battle was introduced in addition to the Ordeal of the Saxons (S91). This was a duel in which each of the contestants appealed to Heaven to give him the victory, it believed that the right would vanquish. Noblemen[2] fought on horseback in full armor, with sword, lance, and battle-ax; common people fought on foot with clubs.
[2] See Shakespeare's "Richard II," Act I, scenes i and iii; also Scott's "Ivanhoe," Chapter XLIII.
In both cases the combat was in the presence of judges and might last from sunrise until the stars appeared. Priests and women had the privilege of being represented by champions, who fought for them. Trial by Battle was claimed and allowed by the court (though the combat did not come off) as late as 1817, in the reign of George III. This custom was finally abolished in 1819.[3]
[3] Trial by Battle might be demanded in cases of chivalry or honor, in criminal actions, and in civil suits. The last were fought not by the disputants themselves but by champions.
149. Divisions of Society.
The divisions of society remained after the Conquest very nearly as before, but the Saxon orders of nobility, with a few very rare exceptions, were deprived of their rank and their estates given to the Normans.
It is important to notice here the marked difference between the new or Norman nobility and that of France.
In England a man was considered a noble because, under William and his successors, he was a member of the Great or National Council (S80), or, in the case of an earl, because he represented the King in the government of a county or earldom.
His position did not exempt him from taxation, nor did his rank descend to more than one of his children. In France, on the contrary, the aristocracy were noble by birth, not office; they were generally exempt from taxation, thus throwing the whole of that burden on the people, and their rank descended to all their children.
During the Norman period a change was going on among the slaves, whose condition gradually improved. On the other hand, many who had been free now sank into that state of villeinage (S150) which, as it bound them to the soil, was but one remove from actual slavery.
The small, free landholders who still existed were mostly in the old Danish territory north of Watling Street (see map facing p. 32), and in the county of Kent on the southeast coast of England.
150. Tenure of Land in the Norman Period; Military Service, Feudal Dues, National Militia, Manors and Manor Houses.
All land was held directly or indirectly from the King on condition of military or other service. The number of chief tenants who derived their title from the Crown, including ecclesiastical dignitaries, was probably about fifteen hundred. These constituted the Norman barons. The undertenants were about eight thousand, and consisted chiefly of the English who had been driven out from their estates.
Every holder of land was obliged to furnish the King a fully armed and mounted soldier, to serve for forty days during the year for each piece of land bringing 20 pounds annually, or about $2000 in modern money[1] (the pound of that day probably representing twenty times that sum now). All the chief tenants were also bound to attend the King's Great or National Council three times a year—at Christman, Easter, and Whitsuntide.
[1] This amount does not appear to have been fully settled until the period following the Norman kings, but the principle was recognized by William.
Feudal Dues or Taxes. Every free tenant