The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
King Henry was much addicted to women; and historians mention no less
than seven illegitimate sons and six daughters born to him.[*] Hunting
was also one of his favorite amusements; and he exercised great rigor
against those who encroached on the royal forests, which were augmented
during his reign,[**] though their number and extent were already too
great. To kill a stag was as criminal as to murder a man: he made all
the dogs be mutilated which were kept on the borders of his forests; and
he sometimes deprived his subjects of the liberty of hunting on their
own lands, or even cutting their own woods. In other respects he
executed justice, and that with rigor; the best maxim which a prince
in that age could follow. Stealing was first made capital in this
reign;[***] false coining, which was then a very common crime, and by
which the money had been extremely debased, was severely punished by
Henry.* Near fifty criminals of this kind were at one time hanged or
mutilated; and though these punishments seem to have been exercised in
a manner somewhat arbitrary, they were grateful to the people, more
attentive to present advantages than jealous of general laws. There is
a code which passes under the name of Henry I.; but the best antiquaries
have agreed to think it spurious. It is, however, a very ancient
compilation, and may be useful to instruct us in the manners and customs
of the times. We learn from it, that a great distinction was then made
between the English and Normans, much to the advantage of the latter.*
The deadly feuds and the liberty of private revenge, which had been
avowed by the Saxon laws, were still continued, and were not yet wholly
illegal.[****]
Among the laws granted on the king’s accession, it is remarkable that
the reunion of the civil and ecclesiastical courts, as in the Saxon
times, was enacted.[*****] But this law, like the articles of his
charter, remained without effect, probably from the opposition of
Archbishop Anselm.
[Footnonte * Sim. Dunelm. p. 231. Brompton, p. 1000. Flor. Wigorn. p.
653 Hoveden, p. 471.]
[Footnonte ** Sim. Dunelm. p. 231. Brompton, p. 1000. Hoveden, p. 471
Annal. Waverl. p. 149.]
[Footnonte *** LL. Hen. I. sect. 18, 75.]
[Footnonte **** LL. Hen. I. sect. 82.]
[Footnonte ***** Spel. p. 305. Blackstone, vol. iii. p. 63. Coke, 2
Inst. 70.]
Henry, on his accession, granted a charter to London, which seems to
have been the first step towards rendering that city a corporation. By
this charter, the city was empowered to keep the farm of Middlesex at
three hundred pounds a year, to elect its own sheriff and justiciary,
and to bold pleas of the crown; and it was exempted from scot,
danegelt, trials by combat, and lodging the king’s retinue These, with
a confirmation of the privileges of their court of hustings, wardmotes,
and common halls, and their liberty of hunting in Middlesex and Surrey,
are the chief articles of this charter.[*]