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 Cœur 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]
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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 privées 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] Gaújo 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.