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 51^b, 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.