least interesting on the list, is the quantity of legal citations,
phrases, metaphors and analogies which got swept into the wide nets of the
poets. Amongst such scraps there are few so successful and still fewer so
pathetic as one in which a metrical historian, drawing near the close,
both of his days and his chronicle, figured himself as summoned on short
_induciae_ at the instance of Old Age to appear at a court to answer
serious charges, where no help was for him save through grace and the
Virgin as his advocate.
Elde me maistreis wyth hir brevis, _elde, age_
Ilke day me sare aggrevis, _brevis, writ_
Scho has me maid monitioune _ilke, each_
To se for a conclusioune _quhilk, which_
The quhilk behovis to be of det; _of det, of right_
Quhat term of tyme of that be set
I can wyt it be na way, _wyt, know_
Bot weill I wate on schort delay
At a court I mon appeire
Fell accusationis thare til here
Quhare na help thare is bot grace. _bot, without_
The maikless Madyn mon purchace _maikless, matchless_
That help; and to sauff my state _purchace, procure_
I haiff maid hir my advocate. _sauff, save_
Androw of Wyntoun's verse it must be owned was verse on the plane of a
notary public, and oft the common form of legal writ supplied sorrily
enough the deficiencies of his imagination. But here for once the simple
dignity of the thought bore him up and carried him through.
Index.
Aberdeen, gipsies at, 175
Abjuring the realm, 15
Abjuration, 69
Abolishing right of Sanctuary, 16
Adultery, penalty of, 11
Africa, ordeal in, 24-25
Amphitheatre, sports of, 112
An eye for an eye, 137
Ancient tenures, 93-108
Andrews, William, Cock-Fighting, 196-200
Anglo-Saxon Church, 14
Aram, Eugene, 212
Ashford, Mary, 40-41
Asyla in Greece, 14
Axon, W. E. A., Sanctuaries, 13-22;
Laws relating to the Gipsies, 165-178
Babylonia, law of, 3-4
Balance, ordeal of, 27
Barbarous Punishments, 132-148
Barnard's Inn, 263
Beetles, trial of, 157
Begbie, William, murder of, 210
Beverley, Sanctuary at, 19-20
Bible Law, 1-12
Bible, ordeal of the, 37
Bible, weighing against, 27
Bier, ordeal of, 36
Bird, Robert, Cockieleerie Law, 200-204
Biretta, 53
Black Book of Hereford, 101
Black Parliament, 225
Blood, laws written in, 135;
stains, 222
Boiling to death, 135
Book of Common Prayer, abolished, 194
Borough English, 104-106
Breaking straws, 48;
rods, 49
Buccleuch, Barons of, 107
Bull relating to English Sanctuaries, 15
Bull, trial of, 150
Burned alive, 134
Burgess, S., Bible Law, 1-12
Canning, Elizabeth, 172-173
Canon Law, 187, 225
Castles, a centre of power, 74
Cattle stealing, 74
Channel Islands, Laws of the, 242-243, 248-257
Charges, prejudice against, 271
Charles I., Trial of, 182
Chaucer's compliment to the law, 268
Cheltenham, Manor of, 94
Chemical test, 220
Christians, early punishment of, 137
Church and ordeals, 29
Clarke, Sidney W., Barbarous Punishments, 132-144
Clement's Inn, 260
Cock-Fighting in Scotland, 196-204
Cockieleerie Law, 200-204
Cock, tried for laying an egg, 154
Commonwealth Law and Lawyers, 178-196
Continental Feudalism, 77-82
Conveyancing Symbols, 50-51
Copyhold, 49, 83
Corsnedd, ordeal of, 35
Commandments, breaking, 3
Cross, ordeal of the 33
Crown, 56
Coventry Acts, 142-143
Court Baron, 84
Customary Court, 84
Crucifixion, 136
Dead bodies brought to place of judgment, 232
Debts, limitation of, 9
Declining knighthood, 63-64
Defilement, 8
Delivery of turf or twig, 50
Deposition of kings, 56
Devices of the Sixteenth Century Debtors, 161-164
Divine right of kings, 193
Dog carrying, 140
Dogs in recognition of tenure, 101
Dream evidence, 214-217
Dudley lands, 64
Durham Sanctuary, 17, 19
Escheats, 226
Emma, Queen, tried by ordeal, 30
Englishry, law of, 70
Executing gipsies, 167, 170
Failure to extripate gipsies from England, 170
Fatal Links, 205-223
Father, powers of, 9
Ferocity of forest laws, 119
Feudal lord, powers of the, 64
Feudal system, 58-62
Fining jurymen, 124
Fire ordeal, 28
Flagellation, 61
Flags, rendering for tenure, 101
Forests, great, 115-116
Forgery, punishments, 142
Fortune telling, 169
France, penal laws of, 140-141;
Trials of animals in, 149-154
Frankalmoign, 103
Free alms, 103-104
Fridstools, 17, 20
Frost, Thomas, Trial by jury in Old Times, 122-131;
Trials of animals, 149-160;
Little Inns of Court, 258-266
Furnival's Inn, 265
Gavelkind, 106-107
Ghosts, 217-220
Gibbet, gipsy rescued from, 176
Gipsies, laws relating to the, 165-178
Glove, 92
Godiva story, 74
Grand Serjeantry, 100
Great Civil War, 179
Greenacre case, 209
Hampden, John, 182
Hanged, drawn, and quartered, 133-134
Hasp and staple symbol, 52-53
Hat as a symbol, 53-54
Hawaii, ordeals in, 25
Henry VIII., laws against gipsies, 169
Hereford Fair, 101
Heresy, 228
Heriots, 91-92
Herrick on lawyers, 269
High treason, trial for, 122-124;
punishments for, 132-135
Hindoos, ordeals of the, 26-27
Holzmann, Maria Ann, murder of, 206-209
Homage, 53
Homicide, 11
Horse, trial of, 151
Hot iron, ordeal of, 27, 30, 31, 32
Howlett, England, the Manor and Manor Law, 83-94;
Ancient Tenures, 95-108
Hugh of Avalon, 120
Ignorance, sin of, 7
Iniquities, legal, 145
Irish Island Laws, 238-239
Isle of Man, Laws of the, 243-247
Island Laws, 237-257
Jews, extortions of, 73
Jocular tenure, 102
King's power limited, 12
Knight, service of, 96
Lanercost, the chronicle of, 272
Law under the Feudal System, 58-82
Law and Medicine abused, 269-270
Laws of the Forest, 109-121
Laws relating to the Gipsies, 165-178
Left-handed murder, 214
Letters of IV. Forms, 163
Lesemajesty, crimes of, 229-231
Lincoln's Inn, 266
Lipski, 213
Literature and Law, 275
Little Inns of Court, 258-266
Lords, power of, 58
Lord Chief Justice Popham, stolen by gipsies, 170
Loss of right hand, 138
Lyon's Inn, 259
Macdonald, James C., Devices of the Sixteenth Century Debtors, 161-164
Magna Charta, 63, 98
Manchester, Sanctuary at, 15, 16, 17
Manor and Manor Law, 83-94
Manor, origin of, 88
Marriage in feudal times, 59
Marriage laws, altering, 195
Marrying to atone for violence, 64
Martin, Maria, 214
Middle Ages, ordeals of, 29
Military service, 59
Military punishments, 136
Money raised by marriage, 72
Mortal Combat, 37-41
Mosaic law, 3
Mutilation, a favourite mode of punishment, 141-144
Muswell Hill murder, 213
Neilson, George, on Symbols, 43-57;
Post Mortem Trials, 224-236;
Obiter, 267-276
New Inn, 259
New way of paying old debts, 163
Nimrod, 111
Norman forest laws, 117
Oath, refusal to bear witness of, 8;
of fealty, 60
On Symbols, 43-57
Oppression of gipsies under Queen Elizabeth, 171
Ordeals, 24-42
Palace regulations, 138-140
Parricide, punishment for, 137
Paul's Cross, preaching at, 194
Peacock, Edward, Laws of the Forest, 109-121;
Commonwealth Law and Lawyers, 179-196
Peine forte et dure, 145-148
Penal Code, English, 145
Penn and Mead, trial of, 125
Persecution of gipsies, 171
Plantations, gipsies sent to, 178
Plays acted by gipsies, 176
Pigs, trial of, 150, 151, 152, 153, 157
Pillory, 142, 144
Poison, 135, 138
Poison, ordeal, 28
Poisoning, punishment for, 135
Poor laws, 9
Post-Mortem Trials, 224-236
Prejudice against gipsies, 172
Protecting the church in war time, 102-103
Proverb, oldest, 111
Punishments under Saxons, 61
Quakers, trial of, 125-131
Rann, Ernest H., trials in superstitious ages, 22-42;
Fatal Links, 205-223
Reasoning power, 267
Rebel Heads on City gates, 134
Refuge, cities of, 14
Regicides, 134
Robbing travellers in feudal times, 73-74
Robert de Belesone, cruel acts of, 65
Robert the Bruce, Conspiracy, 225
Rod in Scotland, 49
Roman Empire in its glory, 114
Rose Tenures, 102
Ruskin, Jno., on Coeur de Lion, 72
Sacrifice, laws relating to, 5-7
Sacrilege, 8
Sanctuaries, 13-22
Scilly Islands, laws of the, 239
Scoggan, Queen's jester, 163-164
Scotch Islands, laws of the, 239-242
Scotland, sanctuaries of, 21-22
Scott, John, of Edinburgh, 161-163
Scutage, 98
Self-slaughter, 229
Ship-money tax, 181
Shaving the head for theft, 69
Siamese, ordeals of the, 26
Silver spear, 55
Slavery, discharge from, 45
Slaves, ill treatment of, 8, 10;
under the Saxons, 60
Slaying gipsies, 175-176
Sods offered at the altar, 48
Spindle on the altar, 51
Staff and baton, 50
Staples Inn, 262
Star Chamber, 124-125
Strangulation, punishment by, 136
Straws, breaking, 48
Stocks, 67
Switzerland, trials of animals in, 154
Symond's Inn, 265
Thornton, Abraham, 40-41
Towns amerced, 70
Traitors, exempted from the Sanctuary, 15
Treason, trials for, 233
Trial by Jury in old times, 122-131
Trials of Animals, 149-160
Trials in superstitious ages, 22-42
Tynwald Day, 247
Usury, law of, 9
Villeinage, 86
Violating the sanctuary, 14, 21
Wager of Battel, 37, 41
Walters, Cuming, Law under the Feudal system, 58-82;
Island Laws, 237-257
Wand, 49
Welcoming gipsies to England, 168
Westminster, sanctuary of, 20
Whipping, 61;
Post, 67
William I., Forest Laws of, 118;
Burial of, 225
William the Red, Forest laws of, 119
Witchcraft, 144-45
Wollen Industry, protection of, 144
Women, free bench of, 93
Working of the sanctuary system, 16, 17
FOOTNOTES:
[1] This and other documents have been collected by Mr. T. J. de'
Massinghi, whose monagraph on "Sanctuaries" (Stafford, 1888) is the chief
source of information on the subject.
[2] See Andrews' "Old Church Lore," 1891, and the authorities there cited.
[3] The material facts in this paper up to this point are derived from
_Thevenin's Textes relatifs aux Institutions privees_ and _Du Cange art.
investitura_.
[4] Williams' "Real Property Law."
[5] Williams' "Real Property Law."
[6] Southey's Common Place Book, 4th Series, 1851, p. 175.
[7] Chapter x., verses 8 and 9.
[8] Ecl. II., line 62.
[9] Constitutional History of England, I. Ed., Vol. I., p. 289.
[10] The Lord Chief Justice, John Popham, who was born in 1531, is said to
have been stolen when a child by the gipsies. They disfigured him and
placed on his arm a cabalistic mark. Apparently it was a case of
tattooing. But the story is discredited.
[11] _Gaujo_ is the name given by the gipsies to all strangers who are not
of the Romany race.
[12] _Edition_ 1857, vol. i., p. 77.
[13] Peacock. _Army Lists of Roundheads and Cavaliers_, 2nd edit., 1874,
p. 21.
[14] Wood, _Athenae Oxon_, sub nom.
[15] John Loden Gollpried's _Kronyck_, vol. iv., p. 454. Van der Aa,
_Biographisch Woordenboek_, sub voce.
[16] Carlyle, _Letters and Speeches of Oliver Cromwell_, vol. i., p. 50.
[17] Henry Scobell, _Acts and Ordinances_, 1645, chapter 57.
[18] "Michelet's History of France," viii., ch. 1. "Cheruel's Dictionnaire
des Institutions," art. "Cadavre."
[19] "Pollock and Maitland's History of English Law," ii., 60. Bracton
51b, 262.
[20] "Lea's Superstition and Force" (ed. 1892), 359-70.
[21] "Roman de Rou," ii., 9320-40.
[22] "Three Metrical Romances" (Camden Socy.), xxvi., 33. See "Decretals
of Gregory," lib. ii., tit. 28, cap. 25, _qua fronte_; also "Lyndwood's
Provinciale," p. 278.
[23] "Bower's Scotichronicon," ii., 275. "Extracta e Cronicis," 150.
"Scalacronica," 144.
[24] "Robertson's Index," 5, 10, 12, 19, 20, 21.
[25] "Rolls of Parliament," ii., 335.
[26] "Rolls of Parliament," iii., 384.
[27] "Rolls of Parliament," iii., 459.
[28] "Chronicle of Adam of Usk," pp. 44, 45.
[29] "Justinian's Institutes," iv., 18. "Digest," xlviii., 4, 11. "Code,"
ix., 8.
[30] "Tacitus," xvi., 11.
[31] "Code," i., 5, 4.
[32] "Decretals of Gregory," v., 7, 10.
[33] "Decretals of Gregory," v., 39, 28. "Lea's Studies in Church
History," 264-66.
[34] "Haddan and Stubbs's Councils," i., 393. "Lea's Studies," 384, 425.
[35] "Lea's Chapters from the Religious History of Spain," 372, 492.
[36] "Cheruel's Dictionnaire," and "Denisart's Collection de Decisions,"
art. "Lesemajeste, memoire, suicide."
[37] For a curious English case of gibbetting a suicide in 1234, see
"Maitland's Bracton's Note Book," 1114: compare "Bracton," fo. 150.
[38] "La Loy de Beaumont" (Reims 1864), p. 241.
[39] "Acts of Parliament, Scotland," ii., 356.
[40] "Mackenzie's Criminal Law," i., 6, 21-2. "Hume's Law of Crimes," i.,
539. "Pitcairn's Criminal Trials," ii., 278. "Riddell's Scottish
Peerages," ii., 757-58.
[41] "Acts Parl. Scot.," ii., 356.
[42] But = without.
[43] "Acts Parl. Scot.," ii., 369.
[44] "Acts Parl. Scot.," ii., 415.
[45] Case of Earl of Huntly in 1562. Tytler's "Hist. of Scotland," iii.,
167.
[46] "Acts Parl. Scot.," i., 415.
[47] "Bain's Calendar of Border Papers," ii., 417.
[48] "Border Papers," ii., 711.
[49] "Pitcairn's Crim. Trials," ii., 233, 241.
[50] Pitcairn, ii., 167-8. "Acts Parl. Scot.," iv., 199.
[51] "Birrel," quoted in "Pitcairn," ii., 247.
[52] _Quhill_, until.
[53] For an example in 1603, that of Francis Mowbray, see "Pitcairn," ii.,
406-9.
[54] A full account of the trial is given in "Pitcairn," ii., 276-92.
[55] Lord Hailes quoted in "Pitcairn," ii., 277.
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