View of the State of Europe during the Middle Ages, Vol. 3 — John Shaqi
View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
relief, not, as for an entire barony, one hundred marks; but at the rate
of five pounds for each knight's fee which they held of the crown. This
changed their tenure to one by mere knight-service, and their
denomination to tenants in chief. It was not difficult, afterwards, for
the greater barons to exclude any from coming to parliament as such
without particular writs directed to them, for which purpose some law
was probably enacted in the reign of Henry III. If indeed we could place
reliance on a nameless author whom Camden has quoted, this limitation of
the peerage to such as were expressly summoned depended upon a statute
made soon after the battle of Evesham. But no one has ever been able to
discover Camden's authority, and the change was, probably, of a much
earlier date.[9]
[Sidenote: of Madox,]
[Sidenote: and observations on both.]
Such is the theory of Selden, which, if it rested less upon conjectural
alterations in the law, would undoubtedly solve some material
difficulties that occur in the opposite view of the subject. According
to Madox, tenure by knight-service in chief was always distinct from
that by barony. It is not easy, however, to point out the characteristic
differences of the two; nor has that eminent antiquary, in his large
work, the Baronia Anglica, laid down any definition, or attempted to
explain the real nature of a barony. The distinction could not consist
in the number of knight's fees; for the barony of Hwayton consisted of
only three; while John de Baliol held thirty fees by mere
knight-service.[10] Nor does it seem to have consisted in the privilege
or service of attending parliament, since all tenants in chief were
usually summoned. But whatever may have been the line between these
modes of tenure, there seems complete proof of their separation long
before the reign of John. Tenants in chief are enumerated distinctly
from earls and barons in the charter of Henry I. Knights, as well as
barons, are named as present in the parliament of Northampton in 1165,
in that held at the same town in 1176, and upon other occasions.[11]
Several persons appear in the Liber Niger Scaccarii, a roll of military
tenants made in the age of Henry II., who held single knight's fees of
the crown. It is, however, highly probable, that, in a lax sense of the
word, these knights may sometimes have been termed barons. The author of
the Dialogus de Scaccario speaks of those holding greater or lesser
baronies, including, as appears by the context, all tenants in
chief.[12] The former of these seem to be the majores barones of King
John's Charter. And the secundæ dignitatis barones, said by a
contemporary historian to have been present in the parliament of
Northampton, were in all probability no other than the knightly tenants
of the crown.[13] For the word baro, originally meaning only a man, was
of very large significance, and is not unfrequently applied to common
freeholders, as in the phrase of court-baron. It was used too for the
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