arly Greeks and Romans, embraced a policy which is
unavoidable to all nations that have made slender advances in
refinement: they every where united the civil jurisdiction with the
military power. Law, in its commencement, was not an intricate
science, and was more governed by maxims of equity, which seem
obvious to common sense, than by numerous and subtle principles,
applied to a variety of cases by profound reasonings from analogy. An
officer, though he had passed his life in the field, was able to
determine all legal controversies which could occur within the
district committed to his charge; and his decisions were the most
likely to meet with a prompt and ready obedience, from men who
respected his person, and were accustomed to act under his command.
The profit arising from punishments, which were then chiefly
pecuniary, was another reason for his desiring to retain the judicial
power; and when his fief became hereditary, this authority, which was
essential to it, was also transmitted to his posterity. The counts
and other magistrates, whose power was merely official, were tempted,
in imitation of the feudal lords, whom they resembled in so many
particulars, to render their dignity perpetual and hereditary; and in
the decline of the regal power, they found no difficulty in making
good their pretensions. After this manner, the vast fabric of feudal
subordination became quite solid and comprehensive; it formed every
where an essential part of the political constitution; and the Norman
and other barons, who followed the fortunes of William, were so
accustomed to it that they could scarcely form an idea of any other
species of civil government [f].
[FN [f] The ideas of the feudal government were so rooted, that even
lawyers, in those ages, could not form a notion of any other
Constitution REGNUM (says Bracton, lib. 2. cap. 34.) QUOD EX
COMITATIBUS ET BARONIBUS DICITUR ESSE CONSTITUTUM.]

The Saxons who conquered England, as they exterminated the ancient
inhabitants, and thought themselves secured by the sea against new
invaders, found it less requisite to maintain themselves in a military
posture: the quantity of land which they annexed to offices seems to
have been of small value; and for that reason continued the longer in
its original situation, and was always possessed during pleasure by
those who were intrusted with the command. These conditions were too
precarious to satisfy the Norman barons, who enjoye