[87] Rawlinson’s _Anc. Mon._ Josephus, _Ant._ [88] John’s “Babylonian Laws,” etc. [89] Herbert’s Antiquities, p. 153; Michelet. [90] Flor. Wigorn, Annals, _Ann._ 1098. [91] Fox’s Martyrology, lib. IV., fol. 229. [92] Herbert’s Antiquities (1804), p. 154. [93] Gentleman’s Magazine, Vol. 46, p. 495. [94] _Ante idem._ [95] Gentleman’s Magazine, Vol. 46, 373. [96] Rawlinson’s _Anc. Mon._ ii, 194. [97] Hastings Dict. of Bible, i, p. 523. [98] Isaiah, XLIV., 5. [99] Leviticus, XIX., 28. [100] 21 Victoria, c. 9, sec. 35. Branding was used by the American Colonists and in New England was a common punishment for Quakers, who were branded with red hot iron, on the shoulder, with a letter “H” for Heretic. (Alice Morse Earle’s “Curious Punishments of By-Gone Days,” pp. 138, 148.) [101] “In those days, also saw I Jews, that had married wives, of Ashdol, of Ammon, and of Moah.... And I contended with them, and cursed them, and smote certain of them, and _plucked off their hair_, and made them swear, by God, saying Ye shall not give your daughters unto their sons, nor take their daughters unto your sons, or for yourselves.” Nehemiah, XIII., 23, 25. [102] Isaiah, L., 6. [103] 2 Mac. VII., 7. [104] Ancient Monarchies, i, 478; Layard’s Ninevah and Babylon. [105] Rawlinson’s Ancient Monarchies, iii, 246; Herodotus, iv, 64, v, 25. [106] John’s “Babylonian Laws,” etc. [107] Herodotus, _ante_. [108] Gibbon’s Rome. [109] Agathiu’s “Life of Justinian.” [110] Bertrandy’s “Un Eveque Supplicie.” [111] Martin’s “_Les Vies des Saints_.” [112] Segur’s Memoirs and Anecdotes. [113] Judges, VIII., 7. [114] Judges, VIII., 16. [115] 1 Kings, XII., 11. [116] 2 Samuel, VIII., 2. [117] 2 Samuel, XII., 31. [118] “Curious Punishments of By-Gone Days,” by Alice Morse Earle, p. 5. [119] “Curious Punishments of By-Gone Days,” by Alice Morse Earle, pp. 17, 20. [120] _Ante idem._, p. 25. [121] _Ante idem._, p. 28. [122] The Gentleman’s Magazine, Vol. 46, p. 373; Alice Morse Earle’s “Curious Punishments of By-Gone Days,” pp. 29, 43. [123] The Gentleman’s Magazine, Vol. 46, p. 499. [124] Act III., Scene II. For many other references to this instrument of torture, by Shakespeare, see note, to section 82, in White’s “Law in Shakespeare,” pp. 116, 118. [125] Alice Morse Earle’s “Curious Punishments of By-Gone Days,” pp. 96, 105. CHAPTER XI. WILLS, QUAINT AND CURIOUS. A last will and testament is the instrument whereby one disposes of his property, to take effect after his death.[1] The right to dispose of one’s property, by will, consistent with existing rules of law, is one of the results of man’s social condition, based upon an instinctive sentiment, akin to self love, which looks to the preservation and alienation, according to the intent of the owner, of the individual acquisitions, resulting from personal endeavor.