was so high,
and where the sole proprietors of money employed it in usury only, and
were exposed to such extortion and injustice. But the bad police of
the country was another obstacle to improvements; and rendered all
communication dangerous, and all property precarious. The Chronicle
of Dunstable says [l], that men were never secure in the houses, and
that whole villages were often plundered by bands of robbers, though
no civil wars at that time prevailed in the kingdom. In 1249, some
years before the insurrection of the barons, two merchants of Brabant
came to the king at Winchester, and told him that they had been
spoiled of all their goods by certain robbers, whom they knew, because
they saw their faces every day in his court; that like practices
prevailed all over England, and travellers were continually exposed to
the danger of being robbed, bound, wounded, and murdered; that these
crimes escaped with impunity, because the ministers of justice
themselves were in a confederacy was the robbers; and that they, for
their part, instead of bringing matters to a fruitless trial by law,
were willing, though merchants, to decide their cause with the robbers
by arms and a duel. The king, provoked at these abuses, ordered a
jury to be enclosed, and to try the robbers: the jury, though
consisting of twelve men of property in Hampshire, were found to be
also in a confederacy with the felons, and acquitted them. Henry, in
a rage, committed the jury to prison, threatened them with a severe
punishment, and ordered a new jury to be enclosed, who, dreading the
fate of their fellows, at last found a verdict against the criminals.
Many of the king's own household were discovered to have participated
in the guilt; and they said for their excuse, that they received no
wages from him, and were obliged to rob for a maintenance [m].
KNIGHTS AND ESQUIRES, says the Dictum of Kenilworth, WHO WERE ROBBERS,
IF THEY HAVE NO LAND, SHALL PAY THE HALF OF THEIR GOODS, AND FIND
SUFFICIENT SECURITY TO KEEP HENCEFORTH THE PEACE OF THE KINGDOM. Such
were the matters of the times!
[FN [1] Vol. i. p. 155. [m] M. Paris, p. 509.]
One can the less repine, during the prevalence of such manners, at the
frauds and forgeries of the clergy; as it gives less disturbance to
society, to take men's money from them with their own consent, though
by deceits and lies, than to ravish it by open force and violence.
During this reign the papal power was at its
|