NOTE [I]
The obliging of all the inhabitants to put out their fires and lights at certain hours, upon the sounding of a bell called the COURFEU, is represented by Polydore Vergil, lib. 9, as a mark of the servitude of the English. But this was a law of police, which William had previously established in Normandy. See Du Moulin, Hist. de Normandie, p. 160. The same law had place in Scotland. LL. Burgor cap. 86.
NOTE [K]
What these laws were of Edward the Confessor, which the English, every reign during a century and a half, desire so passionately to have restored, is much disputed by antiquaries, and our ignorance of them seems one of the greatest defects in the ancient English history. The collection of laws in Wilkins, which pass under the name of Edward, are plainly a posterior and an ignorant compilation. Those to be found in Ingulf are genuine; but so imperfect, and contain so few clauses favourable to the subject, that we see no great reason for their contending for them so vehemently. It is probable, that the English meant the COMMON LAW, as it prevailed during the reign of Edward; which we may conjecture to have been more indulgent to liberty than the Norman institutions. The most material articles of it were afterwards comprehended in Magna Charta.
NOTE [L]
Ingulf, p. 70. H. Hunt. p. 370, 372. M. West. p. 225. Gul. Neub. p.
357. Alured. Beverl. p. 124. De Gest. Angl. p. 333. M. Paris, p. 4.
Sim. Dun. p. 206. Brompton, p. 962, 980, 1161. Gervase Tilb. lib. i.
cap. 16. Textus Roffensis apud Seld. Spicileg. ad Eadm. p. 179. Gul.
Pict. p. 206. Ordericus Vitalis, p. 621, 666, 853. Epist. St. Thom.
p. 801. Gul. Malmes. p. 52, 57. Knyghton, p. 2354. Eadmer. p. 110.
Thom. Rudborne in Ang. Sacra, vol. i. p. 248. Monach. Roff. in Ang
Sacra, vol. ii. p. 276. Girald. Camb. in eadem, vol. ii. p. 413.
Hist Elyensis, p. 516. The words of this last historian, who is very
ancient, are remarkable and worth transcribing: "REX ITAQUE FACTUS
WILLIELMUS, QUID IN PRINCIPES ANGLORUM, QUI TANTAE CLADI SUPERESSE
POTERANT, FECERIT, DICERE, CUM NIHIL PROSIT, OMITTO. QUID ENIM
PRODESSET, SI NEC UNUM IN TOTO REGNO DE ILLIS DICEREM PRISTINA
POTESTATE UTI PERMISSUM, SED OMNES AUT IN GRAVEM PAUPERTATIS AERUMNAM
DETRUSOS, AUT EXHAEREDATOS, PATRIA PULSOS, AUT EFFOSSIS OCULIS, VEL
CAETERIS AMPUTATIS MEMBRIS OPPROBRIUM HOMINUM FACTOS, AUT CERTE
MISERRIME AFFLICTOS, VITA PRIVATOS? SIMILI MODO UTILITATE CARERE
EXISTIMO DICERE QUID IN MINOREM POPULUM, NON SOLUM AB EO, SED A SUIS
ACTUM SIT, CUM ID DICTU SCIAMUS DIFFICILE, ET OB IMMANEM CRUDELITATEM,
FORTASSIS INCREDIBILE."
NOTE [M]
Henry, by the feudal customs, was entitled to levy a tax for the marrying of his eldest daughter, and he exacted three shillings a hide on all England. H. Hunt. p. 379. Some historians (Brady, p. 270, and Tyrrel, vol. ii. p. 182) heedlessly make this sum amount to above eight hundred thousand pounds of our present money: but it could not exceed one hundred and thirty-five thousand. Five hides, sometimes less, made a knight's fee, of which there were about sixty thousand in England, consequently near three hundred thousand hides; and at the rate of three shillings a hide, the sum would amount to forty-five thousand pounds, or one hundred and thirty-five thousand of our present money. See Rudborne, p. 257. In the Saxon times, there were only computed two hundred and forty-three thousand six hundred hides in England.
NOTE [N]
The legates À LATERE, as they were called, were a kind of delegates who possessed the full power of the pope in all the provinces committed to their charge, and were very busy in extending as well as exercising it. They nominated to all vacant benefices, assembled synods, and were anxious to maintain ecclesiastical privileges, which never could be fully protected without encroachments on the civil power. If there were the least concurrence or opposition, it was always supposed that the civil power was to give way: every deed which had the least pretence of holding of any thing spiritual, as marriages, testaments, promissory oaths, were brought into the spiritual court, and could not be canvassed before a civil magistrate. These were the established laws of the church; and where a legate was sent immediately from Rome, he was sure to maintain the papal claims with the utmost rigour: but it was an advantage to the king to have the Archbishop of Canterbury appointed legate, because the connexions of that prelate with the kingdom tended to moderate his measures.