Therefore I come to the last question I proposed to be considered, viz. whether de facto there was any thing done by king William I. after his accession to the crown, in reference either to the alteration or confirmation of the laws; and how and in what manner the same was done.

This, being a narrative of matters of fact, I shall divide into two inquiries; viz. first, what was done in relation to the lands and possessions of the English; and secondly, what was done in relation to the laws of the kingdom in general. For both of these will be necessary, to make up a clear narrative, touching the alteration or suspension, confirmation or execution, of the laws of this kingdom by him.

First, therefore, touching the former, viz. what was done in relation to the lands and possessions of the English.

These two things must be premised, viz. first, a matter of right, or law; which is this, that in case this had been a conquest upon the kingdom, it had been at the pleasure of the conqueror to have taken all the lands of the kingdom into his own possession; to have put a period to all former titles;-to have cancelled all former grants;-and to have given, as it were, the date and original to every man's claim, so as to have been no higher nor ancienter than such his conquest, and to hold the same by a title derived wholly from and under him. I do not say, that every absolute conqueror of a kingdom, will do thus; but that he may,

and as all ancient authors,* who lived nearest the time, and best knew the state of the country, unanimously speak of the Noman dominion as a conquest by war and arms, no reasonable man, from the fear of imaginary consequences, will ever be tempted to reject their concurring and undoubted testimony. HUME.—And see Hallam's View of Mid. Ag. c. 8. part 2.

Ingulf. p. 70. H. Hunt. p. 370, 372. M. West. p. 225. Gul. Neub. p. 357. Alured. Beverl. p. 124. De Gest. Angl. p. 333. M. Paris, p. 4. Sim. Dun. p. 206. Brompton, p. 962. 980. 1161. Gervase Tilb. lib. 1. cap. 16. Textus Roffensis apud Seld. Spicileg. ad Eadm. p. 197. Gul. Pict. p. 206. Ordericus Vitalis, p. 521. 666. 853. Epist. St. Thom. p. 801. Gul. Malmesb. p. 52. 57. Knyghton, p. 2354. Eadmer. p. 110. Thom. Rudborne in Ang. Sacra, vol. I. p 248. Monarch, Roff. in Anglia Sacra, vol II. p. 276. Girald. Cambr. in cadem, vol. II. p. 413. Hist. Elyensis, p. 516. The words of this last historian, who is very ancient, are remarkable, and worth

transcribing. "Rex itaque factus Willielmus, quid in principes Anglorum, qui tantæ cladi superesse poterant, fecerit, dicere, cum nihil prosit, omitto. Quid enim prodesset, si nec unum in toto regno de illis dicerem pristine potestate uti permissum, sed omnes aut in gravem paupertatis ærumnam detrusos aut ex hæreditatos patria pulsos, aut effosis oculis, vel cæteris amputatis membris, opprobrium hominum factos, aut certa miserrime afflictos, vita privatos. Simili modo utilitate carere existimo dicere quid in minorem populum, non solum ab eo, sed a suis actum sit, cum id dictu sciamus difficile, et ob immanem crudelitatem fortassi sncredibili.

if he will, and has power to effect it. Secondly, the second thing to be premised is, a matter of fact, which is this: that duke William brought in with him a great army of foreigners, that expected a reward of their undertaking; and therefore were doubtless very craving and importunate for gratifications to be made them by the conqueror (a). Again, it is very probable, that of the English themselves, there were persons of very various conditions and inclinations: some perchance did adhere to the duke, and were assistant to him openly, or at least under-hand, towards the bringing him in; and those were sure to enjoy their possessions privately and quietly, when the duke prevailed. Again, some did, without all question, adhere to Harold; and those in all pro bability were severely dealt with, and dispossessed of their lands, unless they could make their peace. Again, possibly they were others who assisted Harold; partly out of fear and compulsion; yet those, possibly, if they were of any note or eminence, fared little better than the rest. Again, there were some that probably stood neuter, and meddled not; and those, though they could not expect much favour, yet they might in justice expect to enjoy their own. Again, it must needs be supposed, that the duke having so great an army of foreigners;-so many ambitious and covetous minds to be satisfied; so many to be rewarded in point of gratitude; and after so great a concussion, as always happens upon the event of a victory, it must needs, upon those and such like accounts, be evident to any man that considers things of this nature, that there were great outrages and oppressions committed by the victor's soldiers and their officers;-many false accusations made against innocent persons ;-great disturbances and evictions of possessions; many right owners being unjustly thrown out, and consequently many occupations and usurpations of other men's rights and possessions ;-and a long while before those things could be reduced to any quiet and regular settlement (F).

(F) Though the early confiscation of Harold's followers might seem iniquitous, being extended towards men who had never sworn fidelity to the duke of Normandy; who were ignorant of his pretensions, and who only fought in

(a) William bestowed the forfeited estates on the most powerful of his captains, and established funds for the payment of his soldiers. Gul. Pict. 208.His military institutions were those of a tyrant; at least of one, who reserved to himself, whenever he pleased, the

power of assuming that character. H. Hunt. 369. M. West. 225. Malmsb. 104. His best measures were the establishment of public peace.-He permitted, (says Mr Hallam,) no rapine but his own. View of Mid. Ag. c, 8. part 2.

These general observations being premised, we will now see what de facto, was done in relation to men's possessions, in conse quence of this victory of the duke.

First, it is certain that he took into his hands all the demesne lands of the crown, which were belonging to Edward the Confessor, at the time of his death; and avoided all the dispositions and grants thereof made by Harold, during his short reign And this might be one great end of his making that noble survey, in the fourth year of his reign, called generally, Doomsday-read, in some records; as Rot. Winton, &c.-thereby to ascertain what were the possessions of the crown in the time of the Confessor: and those he entirely resumed. And this is the reason why in some of our old books it is said, ANCIENT DEMESNE is that which was

defence of the government, which they themselves had established in their own country; yet were these rigours, however contrary to the ancient Saxon laws, excused on account of the urgent necessities of the prince. The successive destruction of families, was a convincing proof that the king intended to rely entirely ou the support and affections of foreigners; and new forfeitures, attainders, “and violences were the necessary result of this destructive plan of administration. No Englishman possessed his confidence, or was intrusted with any command or authority; and strangers, whom a rigorous discipline could have but ill contained, were encouraged in every act of insolence and tyranny against them. The easy submission of the kingdom on its first invasion, had exposed the natives to contempt; the subsequent proofs of their animosity and resentment had made them the object of hatred; and they were soon deprived of every expedient by which they could hope to make themselves either regarded or beloved by their sovereign. Impressed with the sense of this dismal situation, many Englishmen fled into foreign countries, with an intention of passing their lives abroad free from oppression, or of returning on a favourable opportunity to assist their friends in the recovery of their native liberties*. It was crime sufficient, in an Englishman, to be opulent, noble, or powerful; and the policy of the king concurring with the rapacity of his foreign adventurers, produced almost a total revolutoin in the landed property of the kingdom. Ancient and honourable families were reduced to beggary; the nobles themselves were every where treated with ignominy and coutempt; they had the mortification of seeing their castles and manors possessed by Normans of the meanest birth, and of the lowest stations, and they found themselves carefully excluded from every road, which led either to riches or preferment‡. HUME.

Order. Vital. 508. M. West. 225. M. Paris, 4. Sim. Dun. 197.

Order. Vitalis. 521. M. West. 229.

The obliging all the inhabitants to put out their fires and lights at certain hours, upon the sounding of a bell, called the courfeu, is represented by Polydore Virgil, lib. 9,

as a mark of the servitude of the English. But this was a law of police, which William had previously established in Normandy, See Du Moulin, Hist. de Normandie, 160. The same law had place in Scotland. Le Burgor, cap. 86.

held by king William the Conqueror; and in others 'tis said, ancient demesne is that which was held by king Edward the Confessor. And both true in their kind, in this respect; viz. that whatsoever appeared to be the Confessor's at the time of his death, was assumed by king William into his own possession (G).

(G) Those lands which were in the possession of Edward the Confessor, and which afterwards came to William the Conqueror, and were by him set down in a book called DOMESDAY, under the title De Terra Regis, are ANCIENT DEMESNE LANDS. They were exempt from any feudal servitude, and were let out to husbandmen, to cultivate for the purpose of supplying the king's household and family, with provisions and necessaries. For this purpose the tenants (who are called by Bracton, villani privilegiati) enjoyed certain privileges, and the tenure itself had several properties distinct from others, which it retains to this day; though the lands be in the hands of a subject, and the services changed from labour to money. 2 Inst. 542. 4 Inst. 269. F. N. B. 14. Salk. 57. pl. 2. Black. Com. 2 v. 99. But the lands which were in the possession of Edward the Confessor, and which were given away by him, are NOT at this day ancient demesne; nor are any others, except those which are written down in the book of DOMESDAY; and therefore, whether such lands are ancient demesne or not, is to be tried only by that book. Salk. 57. 4 Inst. 269. Hob. 188. Brownl. 43. The book of DOMESDAY was brought into court by a certiorari out of chancery, directed to the treasurer and chamberlain of the exchequer, and by mittimus sent into the common pleas. Dy. 150. b. Issue was taken "whether Longhope in "the county of Gloucester was ancient demesne or not;" on producing the book of DOMESDAY, it appeared that Hope was ancient demesne, but nothing said of Longhope; and the Court held, that the party failed in his proof. Lev. 106. Sid. 147. But if the question be, "whether lands be parcel of a manor which is ancient demesne?" this shall be tried by a jury. Salk. 56. pl. 1. 2 Salk. 174. But see Burr. 1048. where an acre of land may be ancient demesne, though the manor, of which it is parcel, is not so. Vide Rol. Abr. 321. and see F. N. B. 14. Leon. 232. Dyer, 8. 11 Co. 10. Bro. Ancient Dem. 15. 2 Leon. 191.

3 Lev. 405. Lands which are next, or most convenient to the lord's mansionhouse, and which he keeps in his own hands, for the support of his family, and for hospitality, are called his demesnes, but have not the same properties with ancient demesne. Spelm. 12. Blackstone, in treating of the rents and profits of the demesne lands of the crown, as being a branch of the king's ordinary revenue, says, “these demesne lands, terræ dominicales regis, being either the share reserved to the crown at the original distribution of landed property, or such as came to it afterwards by forfeitures or other means, were anciently very large and extensive; comprizing divers manors, honours, and lordships; the tenants of which had very peculiar privileges. At present they are contracted within a very narrow compass, having been almost entirely granted away to private subjects. This has occasioned the parliament frequently to interpose; and, particularly, after king William III: had greatly impoverished the crown, an act passed, (1 Ann. st. 1. c. 7.) whereby all future grants or leases from the crown, for any

Secondly, it is also certain, that no person simply, and quatenus an English man, was dispossessed of any of his possessions;

longer term than thirty-one years, or three lives, are declared to be void; except with regard to houses, which may be granted for fifty years. And no reversionary lease can be made, so as to exceed, together with the estate in being, the same term of three lives, or thirty-one years: that is, where there is a subsisting lease of which there are twenty years still to come, the king cannot grant a future interest, to commence after the expiration of the former, for any longer term than eleven years. The tenant must also be made liable to be punished for committing waste; and the usual rent must be reserved, or, where there has usually been no rent, one third of the clear yearly value. The misfortune is, that this act was made too late, after almost every valuable possession of the crown had been granted away for ever, or else upon very long leases; but may be of benefit to posterity, when those leases expire." Blac. Com. 1 v. 286. As to the tenure, lord Holt, said it was as ancient as any other, though he supposes that the privileges annexed to it, commenced by some act of parliament; for that it cannot be created by grant at this day. Salk. 57. Mr. Justice Blackstone, in treating of this tenure, describes it thus: "There is a species of tenure described by Bracton under the name sometimes of privileged villenage, and sometimes of villein socage. This he tells us, 1. 4. tr. 1. c. 28, is such as has been held of the kings of England from the Conquest downwards; that the tenants herein villana faciunt servitia, sed certa et determinata; that they cannot aliene or transfer their tenements by grant or feoffinent, any more than pure villeins can; but must surrender them to the lord or his steward, to be again granted out and held in villenage. And from these circumstances we may collect, that what he here describes, is no other than an exalted species of copyhold, subsisting at this day, viz. the tenure in ancient demesne; to which, as partaking of the baseness of villenage in the nature of its services, and the freedom of socage in their certainty, he has therefore given a name compounded out of both, and calls it VILLANUM SOCAGIUM. The tenants of ancient demesne lands, under the crown, were not all of the same order or degree. Some of them, as Britton testifies, c. 66. continued for a long time pure and absolute villeins, dependent on the will of the lord; and those who have succeeded them in their tenures, now differ from common copyholders in only a few points. F. N. B. 228. Others were in great measure enfranchised by the royal favour, being only bound in respect of their lands to perform some of the better sort of villein services, but those DETERMINATE and CERTAIN; as, to plough the king's land, to supply his court with provisions, and the like; all of which are now changed into pecuniary rents: and in consideration hereof they had many immunities and privileges granted to them; 4 Inst. 269; as, to try the right of their property in a peculiar court of their own, called a court of ancient demesne, by a peculiar process, denominated a writ of right close; F. N. B. 11. Not to pay toll or taxes; not to contribute to the expenses of knights of the shire; not to be put on juries, and the like. See 1 New Abr. 111. These tenants therefore, though their tenure be absolutely copyhold, yet have an interest equivalent to a freehold: for, though their services were of a base and villenous original, (Gilb. Hist. Exch. 16. 30.) yet the tenants were esteemed, in all other respects, to be highly privileged villeins; and espe