The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
David Hume · en
The exorbitant estates conferred by the Norman on his barons and
chieftains, remained not long entire and unimpaired. The landed property
was gradually shared out into more hands; and those immense baronies
were divided, either by provisions to younger children, by partitions
among co-heirs, by sale, or by escheating to the king, who gratified a
great number of his courtiers by dealing them out among them in smaller
portions. Such moderate estates, as they required economy, and confined
the proprietors to live at home, were better calculated for duration;
and the order of knights and small barons grew daily more numerous, and
began to form a very respectable rank or order in the state. As they
were all immediate vassals of the crown by military tenure, they were,
by the principles of the feudal law, equally entitled with the greatest
barons to a seat in the national or general councils; and this right,
though regarded as a privilege which the owners would not entirely
relinquish, was also considered as a burden which they desired to be
subjected to on extraordinary occasions only. Hence it was provided in
the charter of King John, that, while the great barons were summoned to
the national council by a particular writ, the small barons, under which
appellation the knights were also comprehended, should only be called
by a general summons of the sheriff. The distinction between great and
small barons, like that between rich and poor, was not exactly defined;
but, agreeably to the inaccurate genius of that age, and to the
simplicity of ancient government, was left very much to be determined
by the discretion of the king and his ministers. It was usual for the
prince to require, by a particular summons, the attendance of a baron
in one parliament, and to neglect him in future parliaments;[*] nor
was this uncertainty ever complained of as an injury. He attended when
required: he was better pleased on other occasions to be exempted from
the burden: and as he was acknowledged to be of the same order with the
greatest barons, it gave them no surprise to see him take his seat
in the great council, whether he appeared of his own accord, or by a
particular summons from the king. The barons by writ, therefore, began
gradually to intermix themselves with the barons by tenure; and, as
Camden tells us,[**] from an ancient manuscript now lost, that after the
battle of Evesham, a positive law was enacted, prohibiting every
baron from appearing in parliament, who was not invited thither by a
particular summons, the whole baronage of England held thenceforward
their seat by writ, and this important privilege of their tenures was in
effect abolished. Only where writs had been regularly continued for some
time in one great family, the omission of them would have been regarded
as an affront, and even as an injury.
* Chancellor West’s Inquiry into the Manner of creating
Peers p. 43, 46, 47, 55.
** In Britain. p 122.