rians pretend, that William
paid, besides, one hundred thousand pounds of ransom, which
is quite incredible. The ransom of Richard I., who, besides
England, possessed so many rich territories in France, was
only one hundred and fifty thousand marks, and yet was
levied with great difficulty. Indeed, two thirds of it only
could be paid before his deliverance.]
[** Benedict. Abbas, p. 132. Hoveden, p. 549.]
[*** Seldeni Spicileg. ad Eadm. p. 204,]
[**** Benedict. Abbas, p. 132.]
[***** Glanv. lib. ii. cap. 7.]
This latter method of trial seems to have been very ancient in England,
and was fixed by the laws of King Alfred: but the barbarous and violent
genius of the age had of late given more credit to the trial by
battle, which had become the general method of deciding all important
controversies. It was never abolished by law in England; and there is
an instance of it so late as the reign of Elizabeth: but the institution
revived by this king, being found more reasonable and more suitable to a
civilized people, gradually prevailed over it.
The partition of England into four divisions, and the appointment of
itinerant justices to go the circuit in each division, and to decide the
causes in the counties, was another important ordinance of this prince,
which had a direct tendency to curb the oppressive barons, and to
protect the inferior gentry and common people in their property.[*]
Those justices were either prelates or considerable noblemen; who,
besides carrying the authority of the king's commission, were able,
by the dignity of their own character, to give weight and credit to
the laws.
That there might be fewer obstacles to the execution of justice, the
king was vigilant in demolishing all the new erected castles of the
nobility, in England as well as in his foreign dominions; and he
permitted no fortress to remain in the custody of those whom he found
reason to suspect.[**]
But lest the kingdom should be weakened by this demolition of the
fortresses, the king fixed an assize of arms, by which all his subjects
were obliged to put themselves in a situation for defending themselves
and the realm. Every man possessed of a knight's fee was ordained to
have for each fee, a coat of mail, a helmet, a shield, and a lance;
every free layman, possessed of goods to the value of sixteen marks,
was to be armed in like manner; every one that possessed ten marks
wa
|