d adds that the captain was both pardoned and rewarded for it by
the king, gratiam promeruit et praemium. This is a mistake, inasmuch as
he was hanged; but it exhibits the character of the historian,
Hemingford, p. 21.

[542] Fleury, Troisieme Discours sur l'Histoire Ecclesiastique.

[543] Henry, Hist. of England, vol. ii. c. 7.

[544] Du Cange, v. Peregrinatio. Non sinantur vagari isti nudi cum
ferro, qui dicunt se data poenitentia ire vagantes. Melius videtur, ut
si aliquod inconsuetum et capitale crimen commiserint, in uno loco
permaneant laborantes et servientes et poenitentiam agentes, secundum
quod canonice iis impositum sit.

[545] I. de Vitriaco, in Gesta Dei per Francos, t. i.; Villani, 1. vii.
c. 144.

[546] Henry has taken pains in drawing a picture, not very favourable,
of Anglo-Saxon manners. Book II. chap. 7. This perhaps is the best
chapter, as the volume is the best volume, of his unequal work. His
account of the Anglo-Saxons is derived in a great degree from William of
Malmsbury, who does not spare them. Their civil history, indeed, and
their laws, speak sufficiently against the character of that people. But
the Normans had little more to boast of in respect of moral correctness.
Their luxurious and dissolute habits are as much noticed as their
insolence. Vid. Ordericus Vitalis, p. 602; Johann. Sarisburiensis
Policraticus, p. 194; Velly, Hist. de France, t. iii. p. 59. The state
of manners in France under the first two races of kings, and in Italy
both under the Lombards and the subsequent dynasties, may be collected
from their histories, their laws, and those miscellaneous facts which
books of every description contain. Neither Velly, nor Muratori,
Dissert. 23, are so satisfactory as we might desire.

[547] Velly, Hist. de France, t. ii. p. 335. It has been observed, that
Quid mores sine legibus? is as just a question as that of Horace; and
that bad laws must produce bad morals. The strange practice of requiring
numerous compurgators to prove the innocence of an accused person had a
most obvious tendency to increase perjury.

[548] Muratori, Dissert. 23, t. i. p. 306 (Italian); Beckman's Hist. of
Inventions, vol. i. p. 319; Vie privee des Francais, t. ii. p. 1.

[549] Vie privee des Francais, t. i. p. 320; t. ii. p. 11.

[550] Ibid. t. i. p. 324.

[551] Rymer, t. i. p. 61.

[552] Whitaker's Hist. of Craven, p. 340, and of Whalley, p. 171.

[553] Velly, Hist. de France, t. iii. p. 236.