eir weaker
neighbours with less violence and injustice than was practised by
Henry against the King of Scots, whom he had taken prisoner in battle,
and who had wantonly engaged in a war, in which all the neighbours of
that prince, and even his own family, were, without provocation,
combined against him [q].
[FN [o] M. Paris, p. 91. Chron. Dunst. p. 36. Hoveden, p. 545. M.
West. p. 251. Diceto, p. 584. Brompton, p. 1103. Rymer, vol. i. p.
39. Liber Niger Scaccarii, p. 36. [p] Bened. Abb. p. 113. [q] Some
Scotch historians pretend that William paid, besides, 100,000 pounds
of ransom, which is quite incredible. The ransom of Richard I., who,
besides England, possessed so many rich territories in France, was
only 150,000 marks, and yet was levied with great difficulty. Indeed,
two-thirds of it only could he paid before his deliverance.]
[MN 1175. King's equitable administration.]
Henry having thus, contrary to expectation, extricated himself with
honour from a situation in which his throne was exposed to great
danger, was employed for several years in the administration of
justice, in the execution of the laws, and in guarding against those
inconveniences, which either the past convulsions of his state, or the
political institutions of that age, unavoidably occasioned. The
provisions which he made show such largeness of thought as qualified
him for being a legislator; and they were commonly calculated as well
for the future as the present happiness of his kingdom.
[MN 1176.] He enacted severe penalties against robbery, murder, false
coining, arson; and ordained that these crimes should be punished by
the amputation of the right hand and right foot [r]. The pecuniary
commutation for crimes which has a false appearance of lenity, had
been gradually disused, and seems to have been entirely abolished by
the rigour of these statutes. The superstitious trial by water
ordeal, though condemned by the church [s], still subsisted; but Henry
ordained, that any man accused of murder, or any heinous felony, by
the oath of the legal knights of the county, should, even though
acquitted by the ordeal, be obliged to abjure the realm [t].
[FN [r] Bened. Abb. p. 132. Hoveden, p. 549. [s] Seld. Spicileg. ad
Eadm. p. 204. [t] Bened. Abb. p. 132.]
All advances towards reason and good sense are slow and gradual.
Henry, though sensible of the great absurdity attending the trial by
duel or battle, did not venture to abolis
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