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or a thousand men。 He is at all times； therefore； surrounded with
a multitude of retainers and dependants； who； having no
equivalent to give in return for their maintenance； but being fed
entirely by his bounty； must obey him； for the same reason that
soldiers must obey the prince who pays them。 Before the extension
of commerce and manufacture in Europe； the hospitality of the
rich； and the great； from the sovereign down to the smallest
baron； exceeded everything which in the present times we can
easily form a notion of。 Westminster Hall was the dining…room of
William Rufus； and might frequently； perhaps； not be too large
for his company。 It was reckoned a piece of magnificence in
Thomas Becket that he strewed the floor of his hall with clean
hay or rushes in the season； in order that the knights and
squires who could not get seats might not spoil their fine
clothes when they sat down on the floor to eat their dinner。 The
great Earl of Warwick is said to have entertained every day at
his different manors thirty thousand people； and though the
number here may have been exaggerated； it must； however； have
been very great to admit of such exaggeration。 A hospitality
nearly of the same kind was exercised not many years ago in many
different parts of the highlands of Scotland。 It seems to be
common in all nations to whom commerce and manufactures are
little known。 〃I have seen；〃 says Doctor Pocock； 〃an Arabian
chief dine in the streets of a town where he had come to sell his
cattle； and invite all passengers； even common beggars； to sit
down with him and partake of his banquet。〃
The occupiers of land were in every respect as dependent
upon the great proprietor as his retainers。 Even such of them as
were not in a state of villanage were tenants at will； who paid a
rent in no respect equivalent to the subsistence which the land
afforded them。 A crown； half a crown； a sheep； a lamb； was some
years ago in the highlands of Scotland a common rent for lands
which maintained a family。 In some places it is so at this day；
nor will money at present purchase a greater quantity of
commodities there than in other places。 In a country where the
surplus produce of a large estate must be consumed upon the
estate itself； it will frequently be more convenient for the
proprietor that part of it be consumed at a distance from his own
house provided they who consume it are as dependent upon him as
either his retainers or his menial servants。 He is thereby saved
from the embarrassment of either too large a company or too large
a family。 A tenant at will； who possesses land sufficient to
maintain his family for little more than a quit…rent； is as
dependent upon the proprietor as any servant or retainer whatever
and must obey him with as little reserve。 Such a proprietor； as
he feeds his servants and retainers at his own house； so he feeds
his tenants at their houses。 The subsistence of both is derived
from his bounty； and its continuance depends upon his good
pleasure。
Upon the authority which the great proprietor necessarily
had in such a state of things over their tenants and retainers
was founded the power of the ancient barons。 They necessarily
became the judges in peace； and the leaders in war； of all who
dwelt upon their estates。 They could maintain order and execute
the law within their respective demesnes； because each of them
could there turn the whole force of all the inhabitants against
the injustice of any one。 No other persons had sufficient
authority to do this。 The king in particular had not。 In those
ancient times he was little more than the greatest proprietor in
his dominions； to whom； for the sake of common defence against
their common enemies； the other great proprietors paid certain
respects。 To have enforced payment of a small debt within the
lands of a great proprietor； where all the inhabitants were armed
and accustomed to stand by one another； would have cost the king；
had he attempted it by his own authority； almost the same effort
as to extinguish a civil war。 He was； therefore； obliged to
abandon the administration of justice through the greater part of
the country to those who were capable of administering it； and
for the same reason to leave the command of the country militia
to those whom that militia would obey。
It is a mistake to imagine that those territorial
jurisdictions took their origin from the feudal law。 Not only the
highest jurisdictions both civil and criminal； but the power of
levying troops； of coining money； and even that of making
bye…laws for the government of their own people； were all rights
possessed allodially by the great proprietors of land several
centuries before even the name of the feudal law was known in
Europe。 The authority and jurisdiction of the Saxon lords in
England appear to have been as great before the Conquest as that
of any of the Norman lords after it。 But the feudal law is not
supposed to have become the common law of England till after the
Conquest。 That the most extensive authority and jurisdictions
were possessed by the great lords in France allodially long
before the feudal law was introduced into that country is a
matter of fact that admits of no doubt。 That authority and those
jurisdictions all necessarily flowed from the state of property
and manners just now described。 Without remounting to the remote
antiquities of either the French or English monarchies； we may
find in much later times many proofs that such effects must
always flow from such causes。 It is not thirty years ago since
Mr。 Cameron of Lochiel； a gentleman of Lochabar in Scotland；
without any legal warrant whatever； not being what was then
called a lord of regality； nor even a tenant in chief； but a
vassal of the Duke of Argyle； and without being so much as a
justice of peace； used； notwithstanding； to exercise the highest
criminal jurisdiction over his own people。 He is said to have
done so with great equity； though without any of the formalities
of justice； and it is not improbable that the state of that part
of the country at that time made it necessary for him to assume
this authority in order to maintain the public peace。 That
gentleman； whose rent never exceeded five hundred pounds a year；
carried； in 1745； eight hundred of his own people into the
rebellion with him。
The introduction of the feudal law； so far from extending；
may be regarded as an attempt to moderate the authority of the
great allodial lords。 It established a regular subordination；
accompanied with a long train of services and duties； from the
king down to the smallest proprietor。 During the minority of the
proprietor； the rent； together with the management of his lands；
fell into the hands of his immediate superior； and； consequently；
those of all great proprietors into the hands of the king； who
was charged with the maintenance and education of the pupil； and
who； from his authority as guardian； was supposed to have a right
of disposing of him in marriage； provided it was in a manner not
unsuitable t