FOOTNOTES FOR ALL CHAPTERS

FOOTNOTES FOR ALL CHAPTERS

1.“In the early cuneiform writing ... the symbol for a prison is a combination of the symbols for ‘house’ and ‘darkness.’”—Isaac Taylor,History of the Alphabet, p. 21. London, 1899.

1.“In the early cuneiform writing ... the symbol for a prison is a combination of the symbols for ‘house’ and ‘darkness.’”—Isaac Taylor,History of the Alphabet, p. 21. London, 1899.

2.It has been said that imprisonment is not mentioned in Anglo-Saxon laws as a punishment; it is, however, referred to in the laws of Æthelstan thus: “For murder let a man forfeit his life, if he will deny it and appear guilty at the threefold ordeal let him be 120 nights in prison; afterwards let his relations take him out and pay the king 120 shillings and to his relatives the price of his blood....” See J. Johnson,Ecclesiastical Laws. London, 1720. The same king ordained that “If a thief be brought into prison that he be 40 days in prison and then let him be released thereout with cxx. shillings and let his kindred enter into borh for him that he will ever more desist.”—B. Thorpe,Ancient Laws and Institutions of England, fol. ed. p. 85. London, 1840.

2.It has been said that imprisonment is not mentioned in Anglo-Saxon laws as a punishment; it is, however, referred to in the laws of Æthelstan thus: “For murder let a man forfeit his life, if he will deny it and appear guilty at the threefold ordeal let him be 120 nights in prison; afterwards let his relations take him out and pay the king 120 shillings and to his relatives the price of his blood....” See J. Johnson,Ecclesiastical Laws. London, 1720. The same king ordained that “If a thief be brought into prison that he be 40 days in prison and then let him be released thereout with cxx. shillings and let his kindred enter into borh for him that he will ever more desist.”—B. Thorpe,Ancient Laws and Institutions of England, fol. ed. p. 85. London, 1840.

3.“In the reign of Henry III. imprisonment for a definite period was an unknown punishment.”—G. J. Turner,Select Pleas of the Forest, p. lxv. London, 1901.

3.“In the reign of Henry III. imprisonment for a definite period was an unknown punishment.”—G. J. Turner,Select Pleas of the Forest, p. lxv. London, 1901.

4.“Imprisonment occurs in the Anglo-Saxon Laws only as a means of temporary security.”—Pollock and Maitland,Hist. Eng. Law, vol. i. p. 26. Cambridge, 1895.

4.“Imprisonment occurs in the Anglo-Saxon Laws only as a means of temporary security.”—Pollock and Maitland,Hist. Eng. Law, vol. i. p. 26. Cambridge, 1895.

5.“In the nature of the Saxons in the most ancient times there existed neither a knowledge of the most high and heavenly King ... nor any dignity of honour of any earthly king....”—W. Stubbs,Const. Hist.p. 49. Oxford, 1880.

5.“In the nature of the Saxons in the most ancient times there existed neither a knowledge of the most high and heavenly King ... nor any dignity of honour of any earthly king....”—W. Stubbs,Const. Hist.p. 49. Oxford, 1880.

6.Ibid.p. 75.

6.Ibid.p. 75.

7.“Nihil neque publicae neque privatae rei nisi armati agunt.”—Tac.Germ.xiii.

7.“Nihil neque publicae neque privatae rei nisi armati agunt.”—Tac.Germ.xiii.

8.Among the Jutes, etc., see J. M. Lappenberg,Hist. of Eng. under the Anglo-Saxon Kings, i. p. 97. London, 1845. The Anglo-Saxon lad came of age at twelve; see work just quoted, p. 173, and J. Thrupp,The Anglo-Saxon Home, p. 108. London, 1862.

8.Among the Jutes, etc., see J. M. Lappenberg,Hist. of Eng. under the Anglo-Saxon Kings, i. p. 97. London, 1845. The Anglo-Saxon lad came of age at twelve; see work just quoted, p. 173, and J. Thrupp,The Anglo-Saxon Home, p. 108. London, 1862.

9.The exceptions to this wise though primitive rule are to be found where occasionally “God” and even “Nature” would be cited as injured third parties, upon theological grounds. See, for instance, N. Marshall,Penitential Discipline of the Primitive Church, pp. 49, 190, Oxford, 1844; and the thirteenth-centuryMirror of Justice, chap. xiv.

9.The exceptions to this wise though primitive rule are to be found where occasionally “God” and even “Nature” would be cited as injured third parties, upon theological grounds. See, for instance, N. Marshall,Penitential Discipline of the Primitive Church, pp. 49, 190, Oxford, 1844; and the thirteenth-centuryMirror of Justice, chap. xiv.

10.“To keep the peace is the legislator’s first object, and it is not easy. To force the injured man or the slain man’s kinsfolk to accept a money compensation instead of resorting to reprisals is the main aim of the law-giver.”—F. W. Maitland,Constitutional History of England, p. 4. Cambridge, 1908.

10.“To keep the peace is the legislator’s first object, and it is not easy. To force the injured man or the slain man’s kinsfolk to accept a money compensation instead of resorting to reprisals is the main aim of the law-giver.”—F. W. Maitland,Constitutional History of England, p. 4. Cambridge, 1908.

11.Thus in the Laws of the XII. Tables the manifest thief would be killed if a slave, or if free become the bondman of the person robbed; if, however, he were captured later, he had to refund double the value of what he had taken. By the Germanic codes a thief might be instantly chased and then hanged or decapitated, but fines for homicide would be imposed if he were slain after an interval. Henry Maine,Ancient Law, ed. of 1906, pp. 387, 388.

11.Thus in the Laws of the XII. Tables the manifest thief would be killed if a slave, or if free become the bondman of the person robbed; if, however, he were captured later, he had to refund double the value of what he had taken. By the Germanic codes a thief might be instantly chased and then hanged or decapitated, but fines for homicide would be imposed if he were slain after an interval. Henry Maine,Ancient Law, ed. of 1906, pp. 387, 388.

12.For instance, Exodus xxi. 23, 24, 25.

12.For instance, Exodus xxi. 23, 24, 25.

13.See E. Westermarck,Moral Ideas, vol. i. p. 178. London, 1906.

13.See E. Westermarck,Moral Ideas, vol. i. p. 178. London, 1906.

14.At first it was not always necessary to accept the blood-fine. See E. W. Robertson,Scotland under her Early Kings, p. 287, Edinburgh, 1862, on this point; and as to the treatment of female relatives, see J. Thrupp,Anglo-Saxon Home, p. 151.

14.At first it was not always necessary to accept the blood-fine. See E. W. Robertson,Scotland under her Early Kings, p. 287, Edinburgh, 1862, on this point; and as to the treatment of female relatives, see J. Thrupp,Anglo-Saxon Home, p. 151.

15.In the seventh century a law of Ine ordained that “If any one takes revenge before he demands justice, let him give up what he has taken to himself and pay the damage done and make bōt with xxx. shillings.”—Thorpe,Ancient Laws and Institutions, fol. ed. p. 48.

15.In the seventh century a law of Ine ordained that “If any one takes revenge before he demands justice, let him give up what he has taken to himself and pay the damage done and make bōt with xxx. shillings.”—Thorpe,Ancient Laws and Institutions, fol. ed. p. 48.

16.“The penal law of ancient communities is not a law of crimes; it is a law of wrongs, or, to use the English technical word, of torts. The person injured proceeds against the wrongdoer by an ordinary civil action, and recovers compensation in the shape of money damages if he succeeds.”—Maine,Ancient Law, p. 379.

16.“The penal law of ancient communities is not a law of crimes; it is a law of wrongs, or, to use the English technical word, of torts. The person injured proceeds against the wrongdoer by an ordinary civil action, and recovers compensation in the shape of money damages if he succeeds.”—Maine,Ancient Law, p. 379.

17.“It is curious to observe how little the men of primitive times were troubled with these scruples (as to the degree of moral guilt to be ascribed to the wrongdoer), how completely they were persuaded that the impulses of the wronged person were the proper measure of the vengeance he was entitled to exact, and how literally they imitated the rise and fall of his passions in fixing their scale of punishment.”—Maine,Ancient Law, p. 389.

17.“It is curious to observe how little the men of primitive times were troubled with these scruples (as to the degree of moral guilt to be ascribed to the wrongdoer), how completely they were persuaded that the impulses of the wronged person were the proper measure of the vengeance he was entitled to exact, and how literally they imitated the rise and fall of his passions in fixing their scale of punishment.”—Maine,Ancient Law, p. 389.

18.“Every man’s life had its value, and according to that valuation the value of his oath in a court of justice varied, and offences against his person and protection were atoned for.”—Stubbs,Const. Hist.i. p. 188.

18.“Every man’s life had its value, and according to that valuation the value of his oath in a court of justice varied, and offences against his person and protection were atoned for.”—Stubbs,Const. Hist.i. p. 188.

19.A front tooth usually cost six shillings; in Alfred’s time, eight.

19.A front tooth usually cost six shillings; in Alfred’s time, eight.

20.Laws of Æthelbert. If a freeman rob the king let him pay a forfeiture ninefold. If a freeman rob a freeman let him make threefold satisfaction.—J. Johnson,Ecc. Laws.

20.Laws of Æthelbert. If a freeman rob the king let him pay a forfeiture ninefold. If a freeman rob a freeman let him make threefold satisfaction.—J. Johnson,Ecc. Laws.

21.For a collection of the various codes and for examples of their amazing minuteness as to all possible injuries, see F. Lindenbrog,Codex legum antiquarum, pp. 474, 498, etc. Frankfort, 1613.

21.For a collection of the various codes and for examples of their amazing minuteness as to all possible injuries, see F. Lindenbrog,Codex legum antiquarum, pp. 474, 498, etc. Frankfort, 1613.

22.The Mercian pound was equal to 60 scillings, the Wessex to 48; see H. A. Grueber,Handbook of the Coins, p. ix. London, 1899.

22.The Mercian pound was equal to 60 scillings, the Wessex to 48; see H. A. Grueber,Handbook of the Coins, p. ix. London, 1899.

23.Stubbs,Const. Hist.i. p. 109.

23.Stubbs,Const. Hist.i. p. 109.

24.Thorpe, fol. ed. p. 80.

24.Thorpe, fol. ed. p. 80.

25.W. S. Holdsworth,History of English Law, p. 13. London, 1903.

25.W. S. Holdsworth,History of English Law, p. 13. London, 1903.

26.J. M. Kemble,The Saxons in England, i. p. 149. London, 1876.

26.J. M. Kemble,The Saxons in England, i. p. 149. London, 1876.

27.R. Ruding,Annals of the Coinage, p. 110. London, 1840.

27.R. Ruding,Annals of the Coinage, p. 110. London, 1840.

28.F. W. Maitland,Domesday Book, p. 44. Cambridge, 1897.

28.F. W. Maitland,Domesday Book, p. 44. Cambridge, 1897.

29.“It was at least theoretically possible down to the middle of the tenth century for a man-slayer to elect to bear the feud of the kindred. His own kindred, however, might avoid any share in the feud by disclaiming him; any of them who maintained him after this, as well as any of the avenging kinsfolk who meddled with any but the actual wrongdoer, was deemed a foe to the king.”—Pollock and Maitland,Hist.ed. of 1898, i. 48.

29.“It was at least theoretically possible down to the middle of the tenth century for a man-slayer to elect to bear the feud of the kindred. His own kindred, however, might avoid any share in the feud by disclaiming him; any of them who maintained him after this, as well as any of the avenging kinsfolk who meddled with any but the actual wrongdoer, was deemed a foe to the king.”—Pollock and Maitland,Hist.ed. of 1898, i. 48.

30.When a ceorl had been frequently accused, if afterwards he were apprehended he might lose a hand or a foot.—Laws of Ine. R Schmidt,Gesetze, p. 29. Leipzig, 1858.

30.When a ceorl had been frequently accused, if afterwards he were apprehended he might lose a hand or a foot.—Laws of Ine. R Schmidt,Gesetze, p. 29. Leipzig, 1858.

31.See Laws of Ine, sect. 12. Thorpe, fol. ed. p. 49.

31.See Laws of Ine, sect. 12. Thorpe, fol. ed. p. 49.

32.Pollock and Maitland,Hist.i. 476 and ii. 451, ed. of 1898.

32.Pollock and Maitland,Hist.i. 476 and ii. 451, ed. of 1898.

33.J. Thrupp,Anglo-Saxon Home, p. 145.

33.J. Thrupp,Anglo-Saxon Home, p. 145.

34.G. G. Coulton,Chaucer and His England, p. 293. London, 1908.

34.G. G. Coulton,Chaucer and His England, p. 293. London, 1908.

35.Pollock and Maitland, i. 478, ii. 450.

35.Pollock and Maitland, i. 478, ii. 450.

36.And seeEarly Assize Rolls for the County of Northumberland, pp. xviii., xix., etc. Durham, Surtees Society, 1891.

36.And seeEarly Assize Rolls for the County of Northumberland, pp. xviii., xix., etc. Durham, Surtees Society, 1891.

37.Stubbs,Const. Hist.p. 89.

37.Stubbs,Const. Hist.p. 89.

38.Dooms of Alfred, sect. 24. “If any one steal another’s ox and slay or sell it, let him give two for it, and four sheep for one. If he have not what he may give be he himself sold for the cattle.”—Thorpe,Laws, fol. ed. p. 23. Compare Exodus xxii. 3; Pollock and Maitland,Hist., ed. 1895, vol. ii. 514.

38.Dooms of Alfred, sect. 24. “If any one steal another’s ox and slay or sell it, let him give two for it, and four sheep for one. If he have not what he may give be he himself sold for the cattle.”—Thorpe,Laws, fol. ed. p. 23. Compare Exodus xxii. 3; Pollock and Maitland,Hist., ed. 1895, vol. ii. 514.

39.Pollock and Maitland, ii. p. 11.

39.Pollock and Maitland, ii. p. 11.

40.The intertribal wars at one time “filled the foreign markets with English slaves,” says J. R. Green, relating the well-known story of Pope Gregory.—Hist. Eng. People, i. 37. London, 1881.

40.The intertribal wars at one time “filled the foreign markets with English slaves,” says J. R. Green, relating the well-known story of Pope Gregory.—Hist. Eng. People, i. 37. London, 1881.

41.Hovenden. H. T. Riley’s ed. i. p. 143. London, 1853.

41.Hovenden. H. T. Riley’s ed. i. p. 143. London, 1853.

42.A vigorous slave trade was carried on just prior to the Conquest.—Thrupp,Anglo-Saxon Home, p. 130.

42.A vigorous slave trade was carried on just prior to the Conquest.—Thrupp,Anglo-Saxon Home, p. 130.

43.Pollock and Maitland,Hist.i. p. 12. Cambridge, 1895.

43.Pollock and Maitland,Hist.i. p. 12. Cambridge, 1895.

44.Law of Ine, seventh century. “If any one sell his countryman bound or free, though he be guilty, over sea, let him pay for him according to his wer.”—Stubbs,Charters, p. 61. Oxford, 1884.Law of Æthelred. “Christian men and condemned persons are not to be sold out of the country, at least not into heathen nations.”—Thorpe, fol. ed. p. 135.A law of William I. was to the same effect.—R. Schmidt,Gesetze, p. 347.

44.Law of Ine, seventh century. “If any one sell his countryman bound or free, though he be guilty, over sea, let him pay for him according to his wer.”—Stubbs,Charters, p. 61. Oxford, 1884.

Law of Æthelred. “Christian men and condemned persons are not to be sold out of the country, at least not into heathen nations.”—Thorpe, fol. ed. p. 135.

A law of William I. was to the same effect.—R. Schmidt,Gesetze, p. 347.

45.F. W. Maitland,Domesday Book, p. 31.

45.F. W. Maitland,Domesday Book, p. 31.

46.Æthelbert. “If any one slay a ceorl’s hlf-æta, let him make bōt with vi. shillings.”—Thorpe, fol. ed. p. 3.

46.Æthelbert. “If any one slay a ceorl’s hlf-æta, let him make bōt with vi. shillings.”—Thorpe, fol. ed. p. 3.

47.Thorpe, 8vo ed. i. p. 626.

47.Thorpe, 8vo ed. i. p. 626.

48.Thrupp,Anglo-Saxon Home, p. 127.

48.Thrupp,Anglo-Saxon Home, p. 127.

49.SeeTheodori liber poenitentialis. Thorpe, fol. ed. p. 288.Poenitentiale Ecberti, lib. ii. 3. Thorpe, p. 368.

49.SeeTheodori liber poenitentialis. Thorpe, fol. ed. p. 288.Poenitentiale Ecberti, lib. ii. 3. Thorpe, p. 368.

50.Compare Exodus xxi. 20, 21; “And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.“Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.”

50.Compare Exodus xxi. 20, 21; “And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.

“Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.”

51.Stubbs,Const. Hist.p. 89.

51.Stubbs,Const. Hist.p. 89.

52.Omne damnum quod servus fecerit, dominus emendet.—Thorpe, fol. ed. p. 11.

52.Omne damnum quod servus fecerit, dominus emendet.—Thorpe, fol. ed. p. 11.

53.Maitland,Domesday Book, p. 32.

53.Maitland,Domesday Book, p. 32.

54.Or he might be scourged thrice,temp.Æthelstan. See Thorpe, fol. ed. p. 88.

54.Or he might be scourged thrice,temp.Æthelstan. See Thorpe, fol. ed. p. 88.

55.Laws of Æthelred. D. Wilkins,Leges Anglo-Saxonicae, p. 103. London, 1721.

55.Laws of Æthelred. D. Wilkins,Leges Anglo-Saxonicae, p. 103. London, 1721.

56.By Alfred’s Dooms rape on a ceorl’s female slave was punished by a five-shilling bōt to the ceorl; if a theow committed the offence, he might be emasculated.—Thorpe, fol. ed. p. 35.

56.By Alfred’s Dooms rape on a ceorl’s female slave was punished by a five-shilling bōt to the ceorl; if a theow committed the offence, he might be emasculated.—Thorpe, fol. ed. p. 35.

57.Stubbs,Const. Hist.i. p. 25.

57.Stubbs,Const. Hist.i. p. 25.

58.Thrupp,Anglo-Saxon Home, p. 131.

58.Thrupp,Anglo-Saxon Home, p. 131.

59.William Andrews,Old-Time Punishments, p. 146. Hull, 1890.

59.William Andrews,Old-Time Punishments, p. 146. Hull, 1890.

60.Thrupp,Anglo-Saxon Home, p. 144.

60.Thrupp,Anglo-Saxon Home, p. 144.

61.E. W. Robertson,Scotland, ii. p. 450.

61.E. W. Robertson,Scotland, ii. p. 450.

62.Pollock and Maitland,Hist.ed. 1898, ii. p. 450.

62.Pollock and Maitland,Hist.ed. 1898, ii. p. 450.

63.See Thorpe, 8vo ed. vol. i. p. 579: “Si quis dominum suum occidet,” etc.

63.See Thorpe, 8vo ed. vol. i. p. 579: “Si quis dominum suum occidet,” etc.

64.F. Lindenbrog,Codex legum antiquarum, p. 498.

64.F. Lindenbrog,Codex legum antiquarum, p. 498.

65.For similar laws in ancient Wales and eighteenth-century America, etc., see Westermarck,Moral Ideas, i. p. 518.

65.For similar laws in ancient Wales and eighteenth-century America, etc., see Westermarck,Moral Ideas, i. p. 518.

66.“Imprisonment,” say Pollock and Maitland, “would have been regarded in those old times as a useless punishment; it does not” (as it was then employed and understood) “satisfy revenge, it keeps the criminal idle, and do what we may it is costly.”—Hist. Eng. Law, ed. of 1895, vol. ii. p. 514.

66.“Imprisonment,” say Pollock and Maitland, “would have been regarded in those old times as a useless punishment; it does not” (as it was then employed and understood) “satisfy revenge, it keeps the criminal idle, and do what we may it is costly.”—Hist. Eng. Law, ed. of 1895, vol. ii. p. 514.

67.Grant Allen,Anglo-Saxon Britain, p. 47.

67.Grant Allen,Anglo-Saxon Britain, p. 47.

68.E. W. Robertson,Scotland, p. 295.

68.E. W. Robertson,Scotland, p. 295.

69.Laws of Ine. To fight in the king’s house rendered the offender liable to be put to death.—J. Johnson.Laws of Alfred. To fight in the presence of an archbishop meant a fine of 150 shillings.—Thorpe, p. 32.To fight in the house of a common man meant a mulct of thirty shillings, and six shillings to the ceorl.—J. Johnson.

69.Laws of Ine. To fight in the king’s house rendered the offender liable to be put to death.—J. Johnson.

Laws of Alfred. To fight in the presence of an archbishop meant a fine of 150 shillings.—Thorpe, p. 32.

To fight in the house of a common man meant a mulct of thirty shillings, and six shillings to the ceorl.—J. Johnson.

70.Thrupp,Anglo-Saxon Home, p. 148.

70.Thrupp,Anglo-Saxon Home, p. 148.

71.See example,temp.Cnut. Thorpe, fol. ed. p. 174.

71.See example,temp.Cnut. Thorpe, fol. ed. p. 174.

72.J. Johnson,Ecc. Laws.

72.J. Johnson,Ecc. Laws.

73.Thorpe, fol. ed. p. 174.

73.Thorpe, fol. ed. p. 174.

74.J. Johnson,Ecc. Laws.

74.J. Johnson,Ecc. Laws.

75.Thorpe, Laws of Cnut, fol. ed. p. 169.

75.Thorpe, Laws of Cnut, fol. ed. p. 169.

76.Ibid.p 213.

76.Ibid.p 213.

77.SeeSaxon Chronicle, J. Ingram’s ed. p. 295. London, 1823.

77.SeeSaxon Chronicle, J. Ingram’s ed. p. 295. London, 1823.

78.Stubbs,Const. Hist.i. p. 204.

78.Stubbs,Const. Hist.i. p. 204.

79.Maitland,Domesday Book, p. 33.

79.Maitland,Domesday Book, p. 33.

80.Often of death for serious offences, but the prisoner’s goods were forfeited for felony; hence it was to the profit of the government to have many felonies. See F. W. Maitland,Const. Hist. Eng.p. 111, and J. Britton, Nichols’ ed. p. 35. Oxford, 1855.

80.Often of death for serious offences, but the prisoner’s goods were forfeited for felony; hence it was to the profit of the government to have many felonies. See F. W. Maitland,Const. Hist. Eng.p. 111, and J. Britton, Nichols’ ed. p. 35. Oxford, 1855.

81.“To them” (the subject people) “a new tribunal seemed only a new torment.”—L. O. Pike,Hist. Crime, i. 134. London, 1873.

81.“To them” (the subject people) “a new tribunal seemed only a new torment.”—L. O. Pike,Hist. Crime, i. 134. London, 1873.

82.The hundreds were liable to be fined for undetected murders—as villages now are in India—and also officers for neglect of duty; see T. Madox,History and Antiquities of the Exchequer, chap. xiv. p. 539, etc. London, 1769. J. Britton, F. M. Nichols’ ed. p. 138. This liability was abolished in the reign of Edward III.; see W. S. Holdsworth,Hist.p. 8.

82.The hundreds were liable to be fined for undetected murders—as villages now are in India—and also officers for neglect of duty; see T. Madox,History and Antiquities of the Exchequer, chap. xiv. p. 539, etc. London, 1769. J. Britton, F. M. Nichols’ ed. p. 138. This liability was abolished in the reign of Edward III.; see W. S. Holdsworth,Hist.p. 8.

83.T. Madox,Hist. Exch.i. p. 425, etc.

83.T. Madox,Hist. Exch.i. p. 425, etc.

84.Maitland,Domesday Book, p. 52.

84.Maitland,Domesday Book, p. 52.

85.Infangthef, the right to hang a thief, “hand having and back bearing.”Utfangthef, the right to punish a thief beyond the particular boundary.

85.Infangthef, the right to hang a thief, “hand having and back bearing.”Utfangthef, the right to punish a thief beyond the particular boundary.

86.Holdsworth,Hist.p. ii.; and see Stubbs,Const. Hist.i. 452, 453, etc.

86.Holdsworth,Hist.p. ii.; and see Stubbs,Const. Hist.i. 452, 453, etc.

87.“The lord exercised ... jurisdiction in civil and criminal suits which, with all the profits—for in early times the pecuniary interests of justice formed no small part of the advantages of judicial power—was conferred on him by the original gift.”—Stubbs,Const. Hist.i. p. 102, and Holdsworth, 13, 14.

87.“The lord exercised ... jurisdiction in civil and criminal suits which, with all the profits—for in early times the pecuniary interests of justice formed no small part of the advantages of judicial power—was conferred on him by the original gift.”—Stubbs,Const. Hist.i. p. 102, and Holdsworth, 13, 14.

88.See Maitland,Domesday Book, p. 33.

88.See Maitland,Domesday Book, p. 33.

89.Ibid.p. 83.

89.Ibid.p. 83.

90.“So intimate is the connection of judicature with finance under the Norman kings, that we scarcely need the comment of the historian to guide us to the conclusion that it was mainly for the sake of the profits that justice was administered at all.”—Stubbs,Const. Hist.i. p. 438.

90.“So intimate is the connection of judicature with finance under the Norman kings, that we scarcely need the comment of the historian to guide us to the conclusion that it was mainly for the sake of the profits that justice was administered at all.”—Stubbs,Const. Hist.i. p. 438.

91.After Henry II. “a crime is no longer regarded as a matter merely between the criminal and those who have directly suffered by his crime; it is a wrong against the nation.”—Maitland,Const. Hist.p. 109, ed. of 1898.

91.After Henry II. “a crime is no longer regarded as a matter merely between the criminal and those who have directly suffered by his crime; it is a wrong against the nation.”—Maitland,Const. Hist.p. 109, ed. of 1898.

92.L. O. Pike,History of Crime in England, i. p. 130.

92.L. O. Pike,History of Crime in England, i. p. 130.

93.In the period of the Civil War, however, the barons had made their castles robbers’ caves, from which they raided the unhappy English. VideThe Saxon Chroniclefor the year 1137.

93.In the period of the Civil War, however, the barons had made their castles robbers’ caves, from which they raided the unhappy English. VideThe Saxon Chroniclefor the year 1137.

94.See Stubbs,Charters, p. 143.

94.See Stubbs,Charters, p. 143.

95.The expenses for gaols at Canterbury, Rochester, Huntingdon, Cambridge, Salisbury, Malmesbury, Aylesbury, and Oxford are detailed in the Roll of 1166.

95.The expenses for gaols at Canterbury, Rochester, Huntingdon, Cambridge, Salisbury, Malmesbury, Aylesbury, and Oxford are detailed in the Roll of 1166.

96.See John Lingard,Hist. Eng.ii. p. 619. London, 1849.

96.See John Lingard,Hist. Eng.ii. p. 619. London, 1849.

97.Pike,Hist.i. p. 130.

97.Pike,Hist.i. p. 130.

98.“Carcer ad continendos et non ad puniendos habere debeat.”—De Legibus, lib. iii. cap. vi. f. 105.

98.“Carcer ad continendos et non ad puniendos habere debeat.”—De Legibus, lib. iii. cap. vi. f. 105.

99.F. M. Nichols’ ed. p. 44.

99.F. M. Nichols’ ed. p. 44.

100.And see 5 Hen. IV. c. 10.

100.And see 5 Hen. IV. c. 10.

101.In 1295 a law was passed by which a man should no longer suffer death or mutilation for prison-breaking alone, unless his crime would have been so punished upon conviction. See statute, De Fragentibus Prisonam, 23 Edward I., Record Commission.Statutes of the Realm, vol. i. London, 1810.

101.In 1295 a law was passed by which a man should no longer suffer death or mutilation for prison-breaking alone, unless his crime would have been so punished upon conviction. See statute, De Fragentibus Prisonam, 23 Edward I., Record Commission.Statutes of the Realm, vol. i. London, 1810.

102.W. J. Whittaker’s ed. p. 52.

102.W. J. Whittaker’s ed. p. 52.

103.In the reign of Henry III. the judges set forth every seven years.—Pike,Hist. Crime, p. 135; and see G. J. Turner,Pleas of the Forest, p. xv. By 13 Ed. I. assizes were to be held three times a year at most. In the early part of the nineteenth century the gaols in the provinces were delivered only twice a year. See Blackstone,Commentaries, bk. iv. chap. xix.; J. Stewart’s ed. p. 352. London, 1854. W. Crawford’s remarks in hisPenitentiaries of the United States, p. 37. London, printed for the House of Commons, 1834.

103.In the reign of Henry III. the judges set forth every seven years.—Pike,Hist. Crime, p. 135; and see G. J. Turner,Pleas of the Forest, p. xv. By 13 Ed. I. assizes were to be held three times a year at most. In the early part of the nineteenth century the gaols in the provinces were delivered only twice a year. See Blackstone,Commentaries, bk. iv. chap. xix.; J. Stewart’s ed. p. 352. London, 1854. W. Crawford’s remarks in hisPenitentiaries of the United States, p. 37. London, printed for the House of Commons, 1834.

104.The gaol was his pledge or security that could find (or was allowed) none.—Glanville, J. Beames’ ed. pp. 346, 348. London, 1812. For details as to who were or who were not replevisable in the thirteenth century, see 3 Ed. I. c. 15 and 27 Ed. I. c. 3.

104.The gaol was his pledge or security that could find (or was allowed) none.—Glanville, J. Beames’ ed. pp. 346, 348. London, 1812. For details as to who were or who were not replevisable in the thirteenth century, see 3 Ed. I. c. 15 and 27 Ed. I. c. 3.

105.F. M. Nichols’ ed. p. 46.

105.F. M. Nichols’ ed. p. 46.

106.Fourpence is mentioned as the gaoler’s fee in theLiber Albus(early fifteenth century), H. T. Riley’s ed. p. 448. London, 1861.

106.Fourpence is mentioned as the gaoler’s fee in theLiber Albus(early fifteenth century), H. T. Riley’s ed. p. 448. London, 1861.

107.On this point see F. A. Gasquet,Henry VIII. and the English Monasteries, p. 4. London, 1906.

107.On this point see F. A. Gasquet,Henry VIII. and the English Monasteries, p. 4. London, 1906.

108.Lib. iii. f. 137.

108.Lib. iii. f. 137.

109.Nichols’ ed. p. 35.

109.Nichols’ ed. p. 35.

110.See illustration given in Besant,Mediæval London, p. 349. 1906.

110.See illustration given in Besant,Mediæval London, p. 349. 1906.

111.“If, however, they refused to plead, they would be pinioned down on the bare ground and fed upon bread and dirty water; but they were not to eat on the day they drank, or drink on the day they ate, etc.”—Nichols’ ed. p. 26.

111.“If, however, they refused to plead, they would be pinioned down on the bare ground and fed upon bread and dirty water; but they were not to eat on the day they drank, or drink on the day they ate, etc.”—Nichols’ ed. p. 26.

112.“Vix permittitur heredibus quod vivant.”—De Legibus, lib. iii. f. 118.

112.“Vix permittitur heredibus quod vivant.”—De Legibus, lib. iii. f. 118.

113.Temp.Henry I., see W. Dugdale,Origines Juridiciales. London, 1680.Richard, see J. F. Stephen,Hist. Crim. Law, i. p. 458. London, 1883.Henry III., see W. Page,Early Assize Rolls, p. xviii. etc.

113.Temp.Henry I., see W. Dugdale,Origines Juridiciales. London, 1680.

Richard, see J. F. Stephen,Hist. Crim. Law, i. p. 458. London, 1883.

Henry III., see W. Page,Early Assize Rolls, p. xviii. etc.

114.By the Assize of Northampton. See Stubbs,Const. Hist.i. p. 545.

114.By the Assize of Northampton. See Stubbs,Const. Hist.i. p. 545.

115.2 Hen. III., Carta de Foresta; and also 9 Hen. III. c. 10: “No man henceforth shall lose either life or member for killing our deer.”

115.2 Hen. III., Carta de Foresta; and also 9 Hen. III. c. 10: “No man henceforth shall lose either life or member for killing our deer.”

116.Sax. Chron., Ingram’s ed. p. 266.Ibid.p. 295.Mirror of Justice, Whittaker’s ed. p. 141.

116.Sax. Chron., Ingram’s ed. p. 266.

Ibid.p. 295.

Mirror of Justice, Whittaker’s ed. p. 141.

117.J. C. Robertson,Materials for the History of Thomas Becket, vol. i. p. 156. London, 1875. Referred to by Stephen,Hist. Crim. Law, i. p. 79.

117.J. C. Robertson,Materials for the History of Thomas Becket, vol. i. p. 156. London, 1875. Referred to by Stephen,Hist. Crim. Law, i. p. 79.

118.Hist. Eng. Law, ii. p. 515.

118.Hist. Eng. Law, ii. p. 515.

119.Ibid.ii. p. 516.

119.Ibid.ii. p. 516.

120.For example, a fine of one mark (13s.4d.) for rape.

120.For example, a fine of one mark (13s.4d.) for rape.

121.SeeMirror of Justice, Whittaker’s ed., Introduction, pp. xxiv., xxxv., and 1st ed. iii. c. 7.Holdsworth,Hist. Eng. Law, p. 39.W. Page,Early Assize Rolls, p. xx.

121.SeeMirror of Justice, Whittaker’s ed., Introduction, pp. xxiv., xxxv., and 1st ed. iii. c. 7.

Holdsworth,Hist. Eng. Law, p. 39.

W. Page,Early Assize Rolls, p. xx.

122.Of robbery by the judges, see Lingard,Hist.ii. p. 217.

122.Of robbery by the judges, see Lingard,Hist.ii. p. 217.

123.For instance, at Northampton in 1323; see Coulton,Chaucer and his England, p. 284.

123.For instance, at Northampton in 1323; see Coulton,Chaucer and his England, p. 284.

124.Pike,Hist. Crime, i. p. 288.

124.Pike,Hist. Crime, i. p. 288.

125.Riley’s ed. p. 448.

125.Riley’s ed. p. 448.

126.See Pike,Hist. Crime, i. p. 427.

126.See Pike,Hist. Crime, i. p. 427.

127.Maitland,Const. Hist.p. 221, ed. 1908.

127.Maitland,Const. Hist.p. 221, ed. 1908.

128.22 Hen. VIII. c. 9.

128.22 Hen. VIII. c. 9.

129.W. Besant,Tudors, p. 380. London, 1904; and see 25 Hen. VIII. c. 14.

129.W. Besant,Tudors, p. 380. London, 1904; and see 25 Hen. VIII. c. 14.

130.J. F. Stephen,Hist. Crim. Law, p. 477.

130.J. F. Stephen,Hist. Crim. Law, p. 477.

131.A man was boiled to death in 1531; a woman was burnt in 1571, and in 1575.—Holinshed,Chron.pp. 926, 1226, 1262.

131.A man was boiled to death in 1531; a woman was burnt in 1571, and in 1575.—Holinshed,Chron.pp. 926, 1226, 1262.

132.Besant,Tudors, p. 379.

132.Besant,Tudors, p. 379.

133.J. F. Stephen,Hist. Crim. Law, p. 468.

133.J. F. Stephen,Hist. Crim. Law, p. 468.

134.Besant,Tudors, p. 380.

134.Besant,Tudors, p. 380.

135.W. Andrews,Old-Time Punishments, p. 92.

135.W. Andrews,Old-Time Punishments, p. 92.

136.Henry Brinklow’sComplaynt of Roderwyck Mors, J. M. Cowper’s ed. London, E. E. T. Society, 1874.

136.Henry Brinklow’sComplaynt of Roderwyck Mors, J. M. Cowper’s ed. London, E. E. T. Society, 1874.

137.See Holinshed,Chronicles, pp. 1081, 1082.J. Wilkes,Enc. Londinensis, iii. p. 891. London, 1810.E. C. S. Gibson,Life of John Howard, p. 47. London, 1901.

137.See Holinshed,Chronicles, pp. 1081, 1082.

J. Wilkes,Enc. Londinensis, iii. p. 891. London, 1810.

E. C. S. Gibson,Life of John Howard, p. 47. London, 1901.

138.See Besant,Tudors, p. 387.

138.See Besant,Tudors, p. 387.


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