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Byways in British Archaeology

Note 196 — Chapter II · CHURCHES ON PAGAN SITES (continued)

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New Oxford Dict., under “Gallows” and “Gallows-tree.” Cf. The Anglo-Saxon Poems of Beowulf, ed. B. Thorpe, 1889, p. 257; Sir E. F. Du Cane, The Punishment and Prevention of Crime, 1885, pp. 10-11; Sir J. Fitzstephen Stephen, Hist. of the Criminal Law of England, 1883, I. pp. 59, 458. Cf. P. Vinogradoff, Villainage in England, 1892, p. 170, with regard to the expression terra ad furcam et flagellum. This expression is declared to have no connection with the lord’s power to punish by gallows and whip, but to refer to base holdings, occupied by tenants who work with pitchfork and flail. See also letters from Prof. W. W. Skeat and others in Notes and Queries, 11th Ser., I. p. 458; Ency. Brit., 11th edition, under “Gallows.”

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