348 The Period of Constitution Making^
them into closer contact with the class next below them
and their interest became more identified with their
localities. There thus began, as early as the twelfth
century, the process by which the lower orders of the
nobility in England were dissociated from the higher and
approached the non-noble freemen.
Besides these results of their stern rule, there must be
noted the effect upon the whole nobility of what may
possibly be termed a policy of the post-Conquest kings.
They were able to keep any class of nobles from gaining
such immunities or privileges as to mark it off in the eyes
of the law from the other freemen.
Our law hardly knows anything of a noble or of a gentle
class; all free men are in the main equal before the law. For
a moment this may seem strange. A conquered country is
hardly the place in which we should look for an equality,
which, having regard to other lands, we must call exceptional
Yet in truth it is the result of the Conquest, though a result
that was slowly evolved.
With the strange complex of classes left from Anglo-Saxon
times, a strong king could do what he pleased.
... he can make his favour the measure of nobility; they
are noble whom he treats as such. And he does not choose
that there shall be much nobility. Gradually a small noble
class is formed, an estate of temporal lords, of earls and
barons. The principles which hold it together are far rather
land tenure and the king's will than the transmission, of noble
blood. Its members have political privileges which are the
counterpart of political duties; the king consults them, and
is in some sort bound to consult them, and they are bound
to attend his summons and give him counsel. They have
hardly any other privileges. During the baron's life his chil-
dren have no privileges; on his death only the new baron
becomes noble.1
But this is using the word noble in a narrow and English
sense. The formation of this new and limited nobility
* P. aad M., Lr 4o8? ^09.