reasons, that the assembly of the barons should be full at every
stated or casual meeting: this attendance was the chief badge of their
subordination to his crown, and drew them from that independence which
they were apt to affect in their own castles and manors; and where the
meeting was thin or ill attended, its determinations had less authority,
and commanded not so ready an obedience from the whole community.
The case was the same with the barons in their courts, as with the king
in the supreme council of the nation. It was requisite to assemble the
vassals, in order to determine by their vote any question which regarded
the barony; and they sat along with the chief in all trials,
whether civil or criminal, which occurred within the limits of their
jurisdiction. They were; bound to pay suit and service at the court
of their baron; and as their tenure was military, and consequently
honorable, they were admitted into his society, and partook of his
friendship. Thus, a kingdom was considered only as a great barony, and
a barony as a small kingdom. The barons were peers to each other in the
national council, and in some degree companions to the king; the vassals
were peers to each other in the court of barony, and companions to their
baron.[*]
[* Du Cange, Gloss, in verb. Par. Cujac. Commun.
in Lib, Feud lib. I, tit i. p. 18, Spelm. Gloss, in verb.]
But though this resemblance so far took place, the vassals by the
natural course of things, universally, in the feudal constitutions, fell
into a greater subordination under the baron, than the baron himself
under his sovereign; and these governments had a necessary and
infallible tendency to augment the power of the nobles. The great chief,
residing in his country seat, which he was commonly allowed to fortify,
lost, in a great measure, his connection or acquaintance with the
prince, and added every day new force to his authority over the
vassals of the barony. They received from him education in all military
exercises; his hospitality invited them to live and enjoy society in his
hall; their leisure, which was great, made them perpetual retainers on
his person, and partakers of his country sports and amusements; they
had no means of gratifying their ambition but by making a figure in
his train; his favor and countenance was their greatest honor; his
displeasure exposed them to contempt and ignominy; and they felt every
moment the necessity of his protection,
|