s, aut exhaeredatos, patria pulsos, aut
effossia, 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
esed[**] a suis actum sit, cum id dictu sciamus difficile et ob immanem
crudelitatem fortassis incredibile.]
[Footnote 13: NOTE M, p. 263 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. Hunting, 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.]
[Footnote 14: NOTE N, p. 266. The legates a 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 civi[**] 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 rigor; but it was an advantage to the king
to have the archbishop of Canterbury appointed legate, because the
connections of that prelate with the kingdom tended to moderate
his measures. William of Newbridge, p. 383, (who is copied by later
historians), asserts that Geoffrey had some title to the counties of
Maine an
|