Then there was the white bull which the tenants of the monks of Bury
St Edmunds were bound by their leases to provide, that childless
women might present it to the shrine of the martyred king of East
Anglia; there was the fine called "thistletake," which the owner
of beasts crossing the common, and snatching at the "symbol dear,"
must pay to the lord of the Manor of Halton; there are the "three
clove-gillieflowers" which the tenants of Hame in Surrey shall render
at the King's coronation; there are all sorts of minute details as to
house-bote and fire-bote, and common of piscary and turbary. One more
custom and we have done. In the time of Richard the Lion-heart, Randal
Blundeville, Earl of Chester, was on one occasion sore pressed by the
Flintshire Welsh. He summoned to his aid his constable of Cheshire,
one Roger Lacy, "for his fierceness surnamed Hell." It was fair-time
at Chester, and Roger, putting himself at the head of the motley crowd
marched off to his relief. The Welsh heard, saw, and bolted, and the
grateful earl there and then promulgated a charter granting to Roger
and his heirs for ever, "power over all fiddlers, lechers, light
ladies (the charter has a briefer and stronger term), and cobblers in
Chester." Under Henry VII. we find the then grantee exacting from the
minstrels (_inter alia_) "four flagons of wine and a lance," whilst
each of the aforesaid ladies must pay fourpence on the feast of St
John the Baptist. Under Elizabeth, various acts were aimed at rogues,
vagabonds, and sturdy beggars, but always with a saving provision as
to this Chester jurisdiction, and in later times the Vagrant Act (17
George II., cap. 5) had a like reservation.
DEODANDS
At one time or other you have looked, one supposes, into that huge
collection of curiosities and horrors known as the State Trials. You
may possibly have noted the form of indictment in the murder cases;
and if so, one odd detail must have impressed you. Having set forth
the weapon used by the murderer, the document invariably goes on to
estimate its money value: for, having been instrumental in taking human
life, it was forfeit to the Crown, and it or its price had to be duly
accounted for. It was called a Deodand, but the name was applied to
many things besides arms used with malice aforethought. Thus, a man
died by misadventure: then was the material cause active or passive?
For instance, his end might come because a tree fell on him, or
because he fell from a tree, in either case the wood was a deodand,
and so forfeited. The name is from _Deo dandum_--a thing that must be
offered to God, and this because in early mediæval times the Church or
the poor had the ultimate benefit.
Public-domain text, read in full here on John Shaqi.
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