iseries and
inconveniences of a wandering and predatory life. The Saxons, Goths, and
Scythians experienced the comforts and enjoyments of a settled and
stationary life. They even grew weary of conquest, and knew the hazard
of warlike achievements. They therefore wished to settle down upon some
fixed and definite territory. They determined to appropriate a place
which they could call their home, and to inhabit a country which they
could call their own. They saw the precarious subsistence which awaited
those who depended on the spontaneous produce of the earth, and the
greater riches which would accrue from a cultivation of the soil. They
therefore resolved on a stationary life. But this new life must have
order and laws. There must be a Head to whom they should look up, a law
or rule which they should obey. The warrior or chief under whose
guidance the tribe had conquered and become powerful, was chosen Head of
the community, and Lord paramount of the soil. The lesser warriors or
captains were placed next in degree and power. The people at large were
in a state of vassalage and dependence upon the Lord paramount and his
Esquires and Deputies. The Lord paramount built and fortified a castle
on some eligible spot in the domain. This castle was used for the
residence of the Lord and his family in time of peace, and for the
hospitable reception of his retainers and dependents. But in time of war
the castle was the refuge and resort of all the inhabitants of the
domain. There they retired before the superior number or power of the
enemy, and were generally safe. Thence arose the rights and duties of
chief and people. The chief owed to the people protection and security
from foreign enemies, as well as arbitration and counsel. The people on
the other hand owed the Lord suit and service in time of war to repel the
common enemy, and allegiance at all times. For these purposes in time of
peace the vassals or people farmed and cultivated the domain for their
own benefit, paying to the Lord rent, suit, and service. The Lord
reserved for his own use a large tract in the vicinity of his castle.
Should any dispute arise between the tenants or vassals respecting the
ownership or cultivation of their respective tracts of the domain, or
otherwise, the Lord was arbiter or judge. Afterwards and in process of
time the Lord called his chief dependents or vassals to assist him in the
arbitrament of his subjects' disputes.