Note 348 — Chapter III · OUTLAWS, WANDERING WORKMEN, AND PEASANTS OUT OF BOND

“Year Books of Edward I,” Rolls Series, years 30–31, pp. 537–538. In the case of this woman, freedom was granted “propter parvitatem delicti,” and because she had been one year in prison; and no confiscation took place, because her husband was absent in Paris, and it would have been inappropriate to, maybe, wrong that man who was, like every husband, the owner of his wife’s chattels. “Et nota,” beautifully adds the judge (or the reporter), “quod melius est nocentem relinquere impunitum quam innocentem punire.” But the court, at the same time, fines an innocent, known to it as such, for fear of displeasing the king; a circumstance that the recorder is bold enough to note down: “Et nota quod fecerunt hoc Justiciarii magis ad appruyamentum (profit, for the king got the money) Regis faciendum quam ad legem manutenendum, quia hoc dixerunt in terrorem.” Ibid. pp. 503–507.