of taking from this man and giving to that, had been
really carried out. Domesday is before all things
a record of the great confiscation, a record of that
gradual change by which, in less than twenty years,
the greater part of the land of England had been transferred
from native to foreign owners. And nothing shows
like Domesday in what a formally legal fashion that
transfer was carried out. What were the principles
on which it was carried out, we have already seen.
All private property in land came only from the grant
of King William. It had all passed into his
hands by lawful forfeiture; he might keep it himself;
he might give it back to its old owner or grant it
to a new one. So it was at the general redemption
of lands; so it was whenever fresh conquests or fresh
revolts threw fresh lands into the King’s hands.
The principle is so thoroughly taken for granted,
that we are a little startled to find it incidentally
set forth in so many words in a case of no special
importance. A priest named Robert held a single
yardland in alms of the King; he became a monk in
the monastery of Stow-in-Lindesey, and his yardland
became the property of the house. One hardly
sees why this case should have been picked out for
a solemn declaration of the general law. Yet,
as “the day on which the English redeemed their
lands” is spoken of only casually in the case
of a particular estate, so the principle that no man
could hold lands except by the King’s grant
("Non licet terram alicui habere nisi regis concessu”)
is brought in only to illustrate the wrongful dealing
of Robert and the monks of Stow in the case of a very
small holding indeed.
All this is a vast system of legal fictions; for William’s
whole position, the whole scheme of his government,
rested on a system of legal fictions. Domesday
is full of them; one might almost say that there is
nothing else there. A very attentive study of
Domesday might bring out the fact that William was
a foreign conqueror, and that the book itself was
a record of the process by which he took the lands
of the natives who had fought against him to reward
the strangers who had fought for him. But nothing
of this kind appears on the surface of the record.
The great facts of the Conquest are put out of sight.
William is taken for granted, not only as the lawful
king, but as the immediate successor of Edward.
The “time of King Edward” and the “time
of King William” are the two times that the
law knows of. The compilers of the record are
put to some curious shifts to describe the time between
“the day when King Edward was alive and dead”
and the day “when King William came into England.”
That coming might have been as peaceful as the coming
of James the First or George the First. The
two great battles are more than once referred to, but
only casually in the mention of particular persons.
A very sharp critic might guess that one of them
had something to do with King William’s coming