[97]. Pike, Hist. i. p. 130.
[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.
[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.
[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 his Penitentiaries 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.
[105]. F. M. Nichols’ ed. p. 46.
[106]. Fourpence is mentioned as the gaoler’s fee in the Liber Albus (early fifteenth century), H. T. Riley’s ed. p. 448. London, 1861.