DUD

sixteenth and seventeenth centuries, ii.
141-142. Relation of sports, pas-
times, &c., to, 142-143. During the
Commonwealth, 189. In the eigh-
teenth century, 335-336. Laws to
repress inoperative, ib. 584-589.
Fielding's opinion upon, 339. Rela-
tion of, to pauperism, and high wages,
424-433, 654-655. Alleged recent
increase of, not confirmed by excise
and import statistics, 426-429. Effects
of improved police upon the statistics
relating to, 429-432, 656. Great ap-
parent decrease of, in London and
Liverpool explained, 430-432. Local
distribution of, 432-433, 656. Not
so prevalent in the nineteenth as in the
eighteenth century, 433. Relation of,
to crime, ib. 584-589. Effect of legis-
lation, prosperity, and adversity upon,
584-589, 678-679

Dudley, Lady Jane, Lord Guildford, and
their party, ii. 35-37
Dudley, and Empson, ii. 17-19
Duels, origin of, ii. 140. Proclamation
against, ib. Discouraged during the
Commonwealth, 193. Now practi-
cally unknown in England, 140. Trial
by, see Battle

Duncombe, Charles, frauds of, ii. 310
Dunster, plot of, in 1757, ii. 375
Durant, John, torture of, by whipcord
in open court, ii. 284-285
Duress, in prison, forbidden in Roman
laws, i. 17. Common in England in
the fourteenth century, 287-288
Durham, a park of the Bishop of, broken
by clergymen and others, i. 248. A
collector of the Bishop of, bound to
become a villein in a certain case, in
the reign of Henry VI., 331. Retainer
engaged by the Bishop of, in spite of
statutes, 397

E

AST India Company, the, riots and
outcry against, ii. 261-262
Eaton, treatment of, in the pillory, ii.
378

Education, usefulness of, as an aid to
legislation, i. 203, 217. One mode of
operation of, in diminishing crime, 266.
Frauds checked by the diffusion of,
276. Effect of, in benefit of clergy,
301. State of, at the Court, and
throughout England in the reign of
Edward III., 312-316. Prejudice
against, and ill effects of the want of,
at the time of Wat Tyler's rebellion,
333. A desire for, associated with
charges of heresy and witchcraft, 353.
Increase of, with the manufacture of

EDW

paper, 367. Forgery not increased
but diminished by, 368. Of books,
and by punishments contrasted, 420;
ii. 234-237. Illustration of the effects
of, from the career of Oates, 234; and
from that of Sir Matthew Hale, 235-
237. Effects of scientific, 236. Of
the school-room and of circumstances,
and their effects on crime, 434-447.
Sketch of the history of, in England,
438-441. Ambiguity of the term,
532. Consideration of the various
relations of (in the sense of instruction)
to crime, 532-541, and note and
table, 675-676. At the expense of
the state a step towards Communism,
542-548. Practical use of, for the
diminution of crime not impossible,
548-558, 581. In relation to military
service, 593-595

Edward the Confessor, laws attributed
to, i. 86-87. Popular clamour for the
laws of, after the Conquest, 97, 134.
ii. 172. Privileges claimed by towns as
having existed in the reign of, i. 172
Edward I., land made liable for trade
debts in the reign of, i. 179. Expul-
sion of the Jews in the reign of, 195-
198. Sketch of improvements in the
law under, 206-221

Edward II., distribution of the popula-
tion in the reign of, i. 179-183, 462-
463. The doctrine of deposition as
applied to, 227. Was deposed by
force rather than law or right, ib. His
murder an illustration of the tone of
the age, 227-228. Believed to be
alive after his murder, 228, 408
Edward III. Introduces a colony of
Flemish weavers into England, i. 179.
Sentence of mutilation in the reign of,
213. Sketch of improvements in the
laws under, 221-231. His accession
not according to any fixed legal prin-
ciple, 227. State of the roads in his
reign, 240-241. Description of the
state of society and the crimes in
England under, before the Black
Death, 232-321, 472-485 (the whole
of Chapter IV.) Tone and education
at the Court of, 312-314. Adoption
of the English language at the Court of,
and after effects, 314-316. Manu-
mission of villeins by, 328. Dealings
of, with Richard Lyons, 335. Influence
of Alice Perers, the mistress of, 335,
410

Edward IV., accession of, and marriage
of, with Elizabeth Gray, i. 358. Sus-
pected of witchcraft and poisoning,
361. Patron of Caxton, 364, 369-
370. Development of commerce in

EDW

the reign of, 370, 378-380. Goes on
circuit with the judges, 415
Edward V., character of the age illus-
trated by the murder of, i. 404. False
personation naturally following the
murder of, 408; ii. 3

Edward VI., personated after death, ii.
3. Treason in the reign of, 35. Heresy
in the reign of, 57

Egan, death of, in the pillory, ii. 378
'Elegit,' estate by, according to the
Statute of Westminster the Second, i.
179

Eleutherus, Pope, i. 432-433
Elizabeth, Queen, treasons connected

with religion in the reign of, ii. 37-49.
Plots to assassinate, 41-49. Her
relations with Mary Queen of Scots
an illustration of the age, 43-46.
Heresy in the reign of, 60-61. In-
tolerance in the reign of, 61 et seq.
Reign of, compared with that of Queen
Victoria, 487

Elizabeth, wife of Edward IV., suspected
of witchcraft, i. 358-360
Ellenborough, Lord, on trial by jury, ii.
368

Ely, population of, under Edward II.,
i. 181, 462-463

Elyot, Hugh, piratical commission to, ii.
105

Embezzlement, a common offence of
knights and officers in the fourteenth
century, i. 261-262

Empson and Dudley, ii. 17-19
England, general view of society in, from

the sixth century to the eleventh, i. 85-
95. Description of the inhabitants of,
by Lanfranc, 94-95. Continuity of the
history of,97. Causes of the slow develop-
ment of civilisation in, 176. Distribution
of the population in, under Edward II.,
179-183, 462-463. General descrip-
tion of, in the fourteenth century,
232-321, 472-485. Aspect of the
country, and difficulty of travelling in,
during the fourteenth century, 241-
242. Wool the chief export of, 241.
Proportion of homicides to population
of, in the fourteenth century, and at
the present time, 254-255. Accept-
ance of bribes by the Chief Justice of,
282-283. Causes of the prosperity of,
418. State of society in, at the end of
the fifteenth century, 420-421. Sta-
tistics of, compared with those of other
countries, ii. 513. See Civilisation,
Society

English distinguished from French or
Normans in England in the reign of
Henry II., and afterwards, i. 137-138,
453-455. No longer distinguished

EXE

from French, in England, in the reign
of Edward III., 313. Language
adopted at Court in the reign of
Edward III., 313-316. Character of
the, according to Chief Justice For-
tescue, 388. Cry of 'We are betrayed!'
raised by the, 401-402

Englishry (in the sense of native subjects
under Norman rule), relations of, to
the Normans, i. 96, 98-100, 137-139,
175
Englishry, the presentment of, i. 138,
455. Not abolished till the reign of,
Edward III., ib., and 313
Engrossing, nature of, laws against, and
punishment for, ii. 101-102, 294
Enquiry, Commissions of, i. 221
Entry. See Forcible Entry
Erasmus, accused of exporting coin, ii.

100

Ercedecne, knight, robber, and outlaw, i.
251; ii. 277

Escape of criminals, facilities, for, in the
fourteenth century, by gaol-breaking,
difficulty of identification, collusion,
false and real pardons, Benefit of
Clergy, etc., i. 292-303

Escheat, effect of benefit of clergy
upon the doctrine of, i. 301-302
Essex, treason of the Earl of, ii. 49
Evelyn, diary of, compared with that of
Luttrell, ii. 274-277

Evidence, of one witness insufficient in
capital cases according to Roman law,
i. 17. An approver's, rejected, ac-
cording to Roman law, ib. In the
modern sense unknown in pre-Norman
England, 52-57, 89. In the modern
sense long unknown after the Norman
Conquest, 123-124. First indications
of a desire to compare, 127-128. How
far understood in the reign of Henry
VI., 386-388. Relation of the fame'
to, ii. 130. In favour of prisoners,
444-446. See Compurgation, Jury,
Ordeal, Witnesses

Exchequer, growth of the, out of the

King's Court, i. 107-108, 221. Im-
portance of the rolls of the, in the
history of Crime, 107-109. Importance
of the Jewry' to the, 158-159. En-
quiry into the conduct of the Barons of
the, 229. Corruption at the, and
forgery of its bills, 273-274
Excommunication, sentence of, procured
by fraud, i. 281-282. Of under-
sheriff and sheriff's officers for execu-
tion of judgment, 305
'Excommunicato capiendo,' writ, de, ii.
617-618

Execution, resistance of, 257-259, 305,
477, 484; ii. 11. See Punishment

Extortion, by justices &c., under Henry
II., i. 134, 143-144, 456. In the
reign of Edward III., 229-231, 471.
By Empson and Dudley, ii. 17-19.
By various contemporaries of Bacon,
152-153. Early in the eighteenth
century, 306. Late in the eighteenth
century, 387. Of Bolland, 394. See
Bribery, Corruption

Eyres, beginning of the, in England, i.
108. Establishment of, under Henry
II., 135-137. Intervals between the,
135-136, 452-453. Opposition to
the, under Henry II. and succeeding
kings, 135-137

FA

AIRS, attacks by brigands at, in
the fourteenth century, i. 243, 474.
Thieves at, in the eighteenth century,
ii. 278-279

False weights and measures, common
deceptions by, in the twelfth century,
i. 142. Punishments for, in London
in the fourteenth century, 237. Use
of continued to the eighteenth and
nineteenth centuries, ii. 393-394
Falstaff, foundation for the character of,
i. 415

Fame,' the inquest of, i. 285, 480.
Relation of the, to evidence, ii. 130.
Family, relation of the ties of, to punish-
ments for homicide, i. 42, 57, 436,
438-439. Origin of human sympathy,
and government, in the ties of, ii. 497
et seq.
Famine an ordinary consequence of war
in Kent, i. 235
Farmers of branches of the revenue, the
Jews as, i. 158-159. Of taxes and
their misconduct, 331-332
Fast-breaking, punishment for, and pro-
clamation against, ii. 101, 144
Fastolf, Sir John, treachery attributed to,
by Jack Cade, i. 415
Fawkes, Guy, plot, torture, and confession
of, ii. 117-124
Felo de se, ii. 197, 580-581
Felony, forfeiture for, contrasted with

some Roman laws, i. 19, 427-428.
Maihem not a, 212. Corruption of
blood by, escaped through benefit of
clergy, 301-302, 483. Standing mute
upon a charge of, not equivalent to a
conviction, 388. Attainder following

FOL

sentence of death in, 500. Under the
statute of Six Articles, ii. 33. Vaga-
bondage punished as, 70-74. To con-
sort with or be one of the gipsies, 76.
Bigamy and witchcraft, made, 133.
Going abroad with plague-sores a,
144-145. Religious offences punish-
able as, during the Commonwealth,
176. Incest and adultery made, 182.
Under the Coventry Act, 239
Felton, treason of, ii. 40

Fenwick, Sir John, attainder of, ii. 325.
Ferriers, Lord, or Sir Ralph, false charge
against, i. 400. Commander at Calais,
401. Character of English commanders
according to, ib.

Feud. See Blood-feud
Feudal organisation, compared with
social conditions under the Empire,
i. 20-21. Attempt of the Church to
profit by, 102-104. Effects of, in
England, 103. Its relation to the
Forest Laws, 213-215. Laymen not
all included by the, in the reign of
Edward III., 323. Affection of ser-
vants not secured by the, 414. Relics
of, in the earlier poor-laws, ii. 75
Fielding, Henry, the Increase of Rob-
bers' of, ii. 337. Opinions of, upon
crime, police, drunkenness, and manners
in general, and their value, 337-342
Fielding, Robert, and the Duchess of
Cleveland, ii. 282-283

Sur-

Fines for homicide, among the ancient
Germans and other barbarous tribes,
i. 41-45. Inseparable from Teutonic
conquest, 44. Re-introduced into
Britain by Teutonic settlers, 45.
vived the re-introduction of Christi-
anity, 46. Associated with the prac
tice of compounding for penances, 47-
48. By whom paid, 57-62. After
the Conquest, 98, 107-109.
The
towns become quit of the, 171-172.
Abolition of the, and effects of the,
upon the people, 289-290

Fines and recoveries, relation of, to
forcible entries, ii. 476-477
Fish. See Sundercombe
Fisher, Bishop of Rochester, ii. 35
Fitzgerald, Lord Edward, Act of At-
tainder against, after death, ii. 380
Flanders, commerce of England with, i.
178, 182.

FOR

Forcible entry upon land or house, a
capital offence according to Roman
law, i. 15. Barbarous origin of, 81.
Failure of legislation to check it, ib.
Common practice of, and its relation
to brigandage and other crimes in the
fourteenth century, 247-253. Upon
rectories and churches, 304. Statute
against, 394. Connected with private
jurisdiction, retainers, liveries, &c.,
395-397. The policy of the Tudors,
and the Court of Star Chamber,
directed against, ii. 7-13. Decrease,
and gradual disappearance of in the
eighteenth century, 259-260. The
extinction of more remarkable than
that of any other crime, 476, 510-
511

Forest, burning of, in presence of Latimer,
ii. 53.

Foresters, hatred of the i. 144
Forest Laws, the punishment of mutila-

tion in the, i. 97. Sketch of the origin,
progress, and mitigation of the, 213-
215.
Forestalling, nature of, laws against, and
punishment for, ii. 101-102, 294.
Crime of, forgotten, 475

Forfeiture, for felony, compared with
some Roman laws, i. 19. For treason,
an incentive to false accusations, 228-
229
Forgery, of charters &c., how punished
in London in the fourteenth century, i.
238. Prevalence of in the fourteenth
century, 269-276. Of writs and re-
turns, 270. Used as an aid to brigan-
dage, 271-272. Of pardons, 272.
Of Exchequer bills on a great scale,
273-274. Of charters in religious
houses, 275-276. Common, when
education is little diffused, 276. By
sheriffs or their officers, 276-277. By
counsel, 280-281. Attributed to
William of Wykeham, 339. Suspicion
of, attaching to the indictment of Old-
castle, 346-351, 490-493. Diminished
by education, 368; ii. 539-541. Of
Pace's seal and signature by Wingfield,
ii. 14. Of King's Bench seal, and writs,
85. In the eighteenth century, 306.
Made a capital offence, 335.
Fortescue, Chief Justice, value of his
work on the Laws of England, i. 386.
Preferred robbery to larceny, 388
Fortresses, corrupt surrender of, i. 401-
403, 415

Fortune-tellers, ii. 75, 77, 145
France, the Grands Jours' in, during the
reign of Louis XIV., ii. 250. Criminal
statistics of, 379-380, 574-578, 668-
669, 674, 675, 678, 679, 68a

GAO

Franchise. See Jurisdiction
Frank-pledge. See Peace-pledge
Fraud, of various kinds, how punished
in London in the fourteenth century,
i. 237-238. Knights, brigands, and
'noble savages' not incapable of, 259-
260. Prevalence of, in the age of
'Chivalry,' 261-262, 283. Commerce
infected by, at its birth, 262-263.
Connexion of, with force, 263-264.
Various forms of, in the fourteenth
century, 264-282. Attributed to
William of Wykeham and other public
men, 338-340. Forms of, in the
fifteenth century, 371-372. In trade
in the seventeenth century, ii. 238.
In the first half of the eighteenth
century, 294 et seq. Adapted to new
conditions in later times, 393-398.
Modern commercial compared with
those of the eighteenth century &c.,
475

Frith, John, burnt, ii. 53
Fry, Mrs., 453

Fuller, William, ii. 286

'GALANAS,' equivalent to

mur-

drum,'
Gallows, an appurtenance of a manor,
i. 82. The new, in St. Giles's Fields,
351
Game-laws, origin of the antipathy to, i.
214, 260. Severity of, under the

Tudors, ii. 12. Relation of, to forcible
entries, ib. Offences against in more
recent times, 383-384, 476
Gaming for liberty among the ancient
Germans, i. 90. With loaded dice in
the twelfth century, 145-146. With
loaded dice in the fourteenth century,
237

Gaol delivery, justices of, i. 221
Gaols, treatment of accused in, by the
Romans, i. 17, 427. Deficiency of, in
England, before the Assise of Claren-
don, 130. Private, of the Barons,
217-218. Intimidation and torture in,
in the fourteenth century, to make
prisoners become approvers, 287-288.
A coroner's inquest held on all per-
sons who died in, 288. Breaking of,
and escapes by connivance of the
keepers of, 292. Of Bishops, 299,
332. Letters taught in to secure bene-
fit of clergy for prisoners, 300-301.
Broken during Wat Tyler's rebellion,
333. Abuses in, during the first half
of the eighteenth century, ii. 342.
State of, in Howard's time, and efforts
made by him for their improvement,
352-359. Broken during the Gordon

GAR

riots, 389-392. Improvements in,
during the nineteenth century, 453-
454. Number of, in the fourteenth
and nineteenth centuries, compared,
485. Employment of prisoners in,
568-572. Note on recent cruelties in,
658

Garrard, Act of Attainder against, as a
heretic, ii. 55, 612.

Gaunt, Elizabeth, ii. 215

Gaunt, John of. See Lancaster
Gavaston, Piers, the law of treason il-
lustrated by the case of, i. 224-225,
470

George I., mutilation in the reign of, ii.
239

George II., time of execution fixed in the
reign of, ii. 213. Attempts to assassi-
nate, 374

George III., attempts to assassinate, ii.
374

Germany, criminal statistics of, ii. 513,
619, 674

Gin Act, the, ii. 335-336

Gipsies, laws against, and crime of asso-
ciating with, ii. 76

Glanville, description of Trial by Battle,
the Grand Assise, and the Inquest of
Usury, by, i. 124-127. Division of
criminal jurisdiction according to, 453.
Definition of 'murdrum' by, 455. The
guild or commune of towns and its
privileges according to, 460-461. A
passage in corrected by authority of
the best MS., ib. Wager of law
mentioned by, 450.
The Prologue of,
compared with the Prooemium to
Justinian's Institutes, 452
Gloucester, a Duchess of, tried and sen-
tenced for witchcraft, i. 356-357
Gloucester, a Duke of (uncle of Richard
II.), murder of, i. 404-406. Declared
guilty of treason after death, 406
Gloucester, a Duke of, probable murder
of, in the reign of Henry VI., i. 406
Gloucester, history of the name of, i. 67.
Name given by the city of, to a shire,
72. The burgesses' guild at, and char-
ter to, 173, 459-460, 462. Population
of, under Edward II., 181, 462-463
Godfrey, Sir Edmondbury, ii. 224
Godwin compared with Warwick, the
King-Maker, i. 82

Gold-workers in England before the
Conquest, i. 65

Goods and chattels forfeited by flight,
after charge of felony, till the reign of
George IV., i. 19

Gordon, Lord George, ii. 389-392
Government, value of settled, in dimi-
nishing crime, i. 94, 217, 419. Good,
in the modern sense, impossible in the

Gracechurch, or Graschirche, scenes in
the market at, i. 237

Grand Assise. See Assise

'Grands Jours,' the, compared with
Trailbaston commissions, ii. 250
Grantham, population of, under Edward
II., i. 181, 462-463

Great seal, the, counterfeited, i. 273.
Fraudulent use of the, 368

100.

Greece, the fine for homicide in, i. 42
Gregory VII., Pope, his letter to Lan-
franc concerning wife-selling, i. 99-
Encroachments of, 104-105
Grindal, Edmund, Bishop of London,
on magic and conjuration, ii. 23
Guilds, Roman collegia or, i. 23.
Existence of collegia' or, in Roman
Britain, ib. The guild and the police
system according to early laws in
England, 57-64. Guilds compulsory
and voluntary, ib. Trade-guilds of
various kinds, 64. Town corporations,
ib. A guild-hall at Dover and a guild
of burgesses at Canterbury before the
Norman Conquest, ib. First appear-
ance of guilds of weavers, ib. Doubt-
ful origin of the guild-system in Eng-
land, 65. Importance of town-guilds
in history, ib. Recognition of ancient,
or growth of new, town-guilds after
the Conquest, 173-174. Of weavers
in various towns in England in the
twelfth century, 178. Their relation
to monopolies, 184. Returns of Eng-
lish, to parliamentary writs, in 1388,
365-366. Gradual change in the po-
sition of members of trade-guilds, 377-
380. Social or religious in the fifteenth
century compared with modern insti-
tutions, 381-383

Gunpowder treason, the, ii. 117-124