25 a A VIEW OF SOCIETY

T

marriage of his daughter Maud to the Duke of Saxony , Of this ai

aid, the proportion of the Earl of Cla-e for his own knight- it

fees, and for those of his lady the Countess, of tue oldfeofment, was ‘ fourscore and fourteen pounds and odd and w

for his fees of the new feofment, it was ciii s iiii d. The to

feofments wnich had been mads either to barons or knights , £

before the death of Henry 1 . were cased vestafeffamentum. K

Tees of the new feofment were from the accession of Henry II . d:

This appears from r.he Black Book of the Exchequer. at

Henry III . had an aid of xl s. of ev.ry knight’s fee to 01

make his eldest sou u knight. When King Richard was taken oi

and imprisoned on his return from the ho y wars, an aid was ti

given for ths ranfome of his person. The barons and knights d

paid at the rate ossStx s. per fee. Madox , biß. of the b'xcbeq. ct

vol. i. p. $72. 590. 596.

In all cafes of ai:ts , ths inferior vassals might be called tsassist the crown.vassals. They were even to contribute to extin.guish their debts. t

(12) Du Cange , voc. Auxilium. Brussel , Usage general a

des Fiefs en France . Const. Norman. Madox, hist, of the e

Excheq. vol. i. p. 614—618. cl

(1?) Spelman, voc. Felonia . Lib. Feud. Etablissements ii

de S. Louis, liv. 1. Craig, Jus Feudal®, lib. 5.

c

SECTION II. !

S

s i ) It is to be conceived , that, originally, little ceremony f

was employed in the duel. Book 1 . Chap. 2. S cB. 4. and tbe a

Ifotes. But, as ranks and manners improved, a thousand fc

peculiarities were to be invented and observed. This institu- ,

tion, accordingly , is one of the most intricate in modemjurisprudence. It would be improper to attempt to exhaust, in {

a note, a topic which would require a large volume. It isonly my province to put together some remarks.

I begin with a distinction which has escaped many inquirers,who have thence wandered in contradiction and ojsourity,