In the period of the Civil War, however, the barons had made their castles robbers’ caves, from which they raided the unhappy English. Vide _The Saxon Chronicle_ for the year 1137. Footnote 94: See Stubbs, _Charters_, p. 143. Footnote 95: The expenses for gaols at Canterbury, Rochester, Huntingdon, Cambridge, Salisbury, Malmesbury, Aylesbury, and Oxford are detailed in the Roll of 1166. Footnote 96: See John Lingard, _Hist. Eng._ ii. p. 619. London, 1849. Footnote 97: Pike, _Hist._ i. p. 130. Footnote 98: “Carcer ad continendos et non ad puniendos habere debeat.”—_De Legibus_, lib. iii. cap. vi. f. 105. Footnote 99: F. M. Nichols’ ed. p. 44. Footnote 100: And see 5 Hen. IV. c. 10. Footnote 101: In 1295 a law was passed by which a man should no longer suffer death or mutilation for prison-breaking alone, unless his crime would have been so punished upon conviction. See statute, De Fragentibus Prisonam, 23 Edward I., Record Commission. _Statutes of the Realm_, vol. i. London, 1810. Footnote 102: W. J. Whittaker’s ed. p. 52. Footnote 103: In the reign of Henry III. the judges set forth every seven years.—Pike, _Hist. Crime_, p. 135; and see G. J. Turner, _Pleas of the Forest_, p. xv. By 13 Ed. I. assizes were to be held three times a year at most. In the early part of the nineteenth century the gaols in the provinces were delivered only twice a year. See Blackstone, _Commentaries_, bk. iv. chap. xix.; J. Stewart’s ed. p. 352. London, 1854. W. Crawford’s remarks in his _Penitentiaries of the United States_, p. 37. London, printed for the House of Commons, 1834. Footnote 104: The gaol was his pledge or security that could find (or was allowed) none.—Glanville, J. Beames’ ed. pp. 346, 348. London, 1812. For details as to who were or who were not replevisable in the thirteenth century, see 3 Ed. I. c. 15 and 27 Ed. I. c. 3. Footnote 105: F. M. Nichols’ ed. p. 46. Footnote 106: Fourpence is mentioned as the gaoler’s fee in the _Liber Albus_ (early fifteenth century), H. T. Riley’s ed. p. 448. London, 1861. Footnote 107: On this point see F. A. Gasquet, _Henry VIII. and the English Monasteries_, p. 4. London, 1906. Footnote 108: Lib. iii. f. 137. Footnote 109: Nichols’ ed. p. 35. Footnote 110: See illustration given in Besant, _Mediæval London_, p. 349. 1906. Footnote 111: “If, however, they refused to plead, they would be pinioned down on the bare ground and fed upon bread and dirty water; but they were not to eat on the day they drank, or drink on the day they ate, etc.”—Nichols’ ed. p. 26. Footnote 112: “Vix permittitur heredibus quod vivant.”—_De Legibus_, lib. iii. f. 118. Footnote 113: _Temp._ Henry I., see W. Dugdale, _Origines Juridiciales_. London, 1680. Richard, see J. F. Stephen, _Hist. Crim. Law_, i. p. 458. London, 1883. Henry III., see W. Page, _Early Assize Rolls_, p. xviii. etc. Footnote 114: