dictated by will, than founded on right.]
A great baron, in ancient times, considered himself as a kind of
sovereign within his territory; and was attended by courtiers and
dependents more zealously attached to him than the ministers of state
and the great officers were commonly to THEIR sovereign. He often
maintained in his court the parade of royalty, by establishing a
justiciary, constable, mareschal, chamberlain, seneschal, and
chancellor, and assigning to each of these officers a separate
province and command. He was usually very assiduous in exercising his
jurisdiction; and took such delight in that image of sovereignty, that
it was found necessary to restrain his activity, and prohibit him by
law from holding courts too frequently [z]. It is not to be doubted,
but the example, set him by the prince of a mercenary and sordid
extortion, would be faithfully copied, and that all his good and bad
offices, his justice and injustice, were equally put to sale. He had
the power, with the king's consent, to exact talliages even from the
free citizens who lived within his barony; and as his necessities made
him rapacious, his authority was usually found to be more oppressive
and tyrannical than that of the sovereign [a]. He was ever engaged in
hereditary or personal animosities or confederacies with his
neighbours, and often gave protection to all desperate adventurers and
criminals, who could be useful in serving his violent purposes. He
was able alone, in times of tranquillity, to obstruct the execution of
justice within his territories; and by combining with a few
malecontent barons of high rank and power, he could throw the state
into convulsions. And, on the whole, though the royal authority was
confined within bounds, and often within very narrow ones, yet the
check was irregular, and frequently the source of great disorders; nor
was it derived from the liberty of the people, but from the military
power of many petty tyrants, who were equally dangerous to the prince
and oppressive to the subject.
[FN [z] Dugd. Jurid. Orig. p. 26. [a] Madox, Hist. of the Exch. p.
520.]
[MN The Church.]
The power of the church was another rampart against royal authority;
but this defence was also the cause of many mischiefs and
inconveniences. The dignified clergy, perhaps, were not so prone to
immediate violence as the barons; but as they pretended to a total
independence on the state, and could always cover themselves
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