Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
Footnote 20:
Laws of Æthelbert. If a freeman rob the king let him pay a forfeiture
ninefold. If a freeman rob a freeman let him make threefold
satisfaction.—J. Johnson, _Ecc. Laws_.
Footnote 21:
For a collection of the various codes and for examples of their
amazing minuteness as to all possible injuries, see F. Lindenbrog,
_Codex legum antiquarum_, pp. 474, 498, etc. Frankfort, 1613.
Footnote 22:
The Mercian pound was equal to 60 scillings, the Wessex to 48; see H.
A. Grueber, _Handbook of the Coins_, p. ix. London, 1899.
Footnote 23:
Stubbs, _Const. Hist._ i. p. 109.
Footnote 24:
Thorpe, fol. ed. p. 80.
Footnote 25:
W. S. Holdsworth, _History of English Law_, p. 13. London, 1903.
Footnote 26:
J. M. Kemble, _The Saxons in England_, i. p. 149. London, 1876.
Footnote 27:
R. Ruding, _Annals of the Coinage_, p. 110. London, 1840.
Footnote 28:
F. W. Maitland, _Domesday Book_, p. 44. Cambridge, 1897.
Footnote 29:
“It was at least theoretically possible down to the middle of the
tenth century for a man-slayer to elect to bear the feud of the
kindred. His own kindred, however, might avoid any share in the feud
by disclaiming him; any of them who maintained him after this, as well
as any of the avenging kinsfolk who meddled with any but the actual
wrongdoer, was deemed a foe to the king.”—Pollock and Maitland,
_Hist._ ed. of 1898, i. 48.
Footnote 30:
When a ceorl had been frequently accused, if afterwards he were
apprehended he might lose a hand or a foot.—Laws of Ine. R Schmidt,
_Gesetze_, p. 29. Leipzig, 1858.
Footnote 31:
See Laws of Ine, sect. 12. Thorpe, fol. ed. p. 49.
Footnote 32:
Pollock and Maitland, _Hist._ i. 476 and ii. 451, ed. of 1898.
Footnote 33:
J. Thrupp, _Anglo-Saxon Home_, p. 145.
Footnote 34:
G. G. Coulton, _Chaucer and His England_, p. 293. London, 1908.
Footnote 35:
Pollock and Maitland, i. 478, ii. 450.
Footnote 36:
And see _Early Assize Rolls for the County of Northumberland_, pp.
xviii., xix., etc. Durham, Surtees Society, 1891.
Footnote 37:
Stubbs, _Const. Hist._ p. 89.
Footnote 38:
Dooms of Alfred, sect. 24. “If any one steal another’s ox and slay or
sell it, let him give two for it, and four sheep for one. If he have
not what he may give be he himself sold for the cattle.”—Thorpe,
_Laws_, fol. ed. p. 23. Compare Exodus xxii. 3; Pollock and Maitland,
_Hist._, ed. 1895, vol. ii. 514.
Footnote 39:
Pollock and Maitland, ii. p. 11.
Footnote 40:
The intertribal wars at one time “filled the foreign markets with
English slaves,” says J. R. Green, relating the well-known story of
Pope Gregory.—_Hist. Eng. People_, i. 37. London, 1881.
Footnote 41:
Hovenden. H. T. Riley’s ed. i. p. 143. London, 1853.
Footnote 42:
A vigorous slave trade was carried on just prior to the
Conquest.—Thrupp, _Anglo-Saxon Home_, p. 130.
Footnote 43:
Pollock and Maitland, _Hist._ i. p. 12. Cambridge, 1895.
Footnote 44:
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