HAL
Hales, Robert, Prior of Clerkenwell, and
Treasurer of England, destruction of
the house of at Highbury by Wat
Tyler's men, i. 334. Murder of, in
imitation of a public execution, 336-
337

Hampden, ii. 209

Hand-having thieves, punishment of, i.
52, 217

Handmill, the Roman punishment of the,
i. 16

Hanging, forbidden by Constantine as a
barbarous punishment, i. 20; ii. 578-
579. Privilege of, claimed by lords
of manors, i. 82-83. Applied to those
who failed at the ordeal in the reign
of John, 210. Not escaped by stand-
ing mute in the reign of Henry III.,
210. A common punishment under
Edward III., 213. A part of the
punishment for treason, 225-226.

As

a public exhibition in the nineteenth
century, ii. 451. See Punishments
Harcla, Andrew, Earl of Carlisle, the
sentence passed upon, i. 226
Harley, assault upon, ii. 638
Harrison, execution of, ii. 202
Hathaway, Richard, ii. 289
Hayes, Catherine, ii. 288
Height, throwing from a, forbidden by
Constantine as a barbarous punishment,
i. 20. Practised in England as a
punishment for women, 51
Heiresses, abduction of, i. 261
Henry I., development of the Conqueror's

policy of unification under, i. 107-109.
Rudeness of his attempts at good
government, 109-110. Cruel punish-
ment of coiners by, 110-11I
Henry II., adoption of the Conqueror's
policy by, i. 113-114. Quarrel of,
with Becket, 115-117. His plans of
legal improvement, 118-133. Native
opposition to his plans, 134-137.
Character of the court in the reign
of, 142-146. Provision for the sick
in the reign of, 151-153. The Pope
and the clergy satirised in the reign
of, 315
Henry III., opposition to the Eyres in
the reign of, i. 135-136. Responsi-
bility of the Hundred in the reign of,
138, 453-455. Persecution of the
Jews in the reign of, 188-190. Cari-
cature of Jews in the reign of, 190-
191, 463-464 (Frontispiece). Fo-
rest charter of, 215. Provisions for
the conservation of the peace under,
218-220

Henry IV., the peine forte et dure in the
reign of, i. 210. Policy of with re-
spect to Church matters, 343

HER

Henry V., Policy of, with respect to
Church matters, i. 343

Henry VI., Freemen could become vil-
leins in the reign of, i. 331. Treat-
ment of women in the reign of, 411
Henry VII., state of society at the acces-
sion of, i. 417. Modern civilisa-
tion begins with the reign of, 419.
The Welsh Marches under, ii. 1-3.
False personations under, 3-7. Policy
of against liveries and forcible entries,
7-11. Act against perjury in the
reign of, 15

Henry VIII., attempt of Empson and
Dudley against, ii. 18. Religious feel-
ing at the accession of, 25. His cha-
racter and career a reflection of the
age in which he lived, 25-32. His
inconsistencies explained, 31. Treasons
against, as supreme head of the Church,
32-34. Definitions of heresy, and
executions for it in the reign of, 49-56
Hensey, Dr. Florence, ii. 375
Hereford, private jurisdictions in, before
the Conquest, i. 83. Population of,
under Edward II, 181, 462-463..
Heresy, punishment of, under Henry II.,
i. 131-132, 154-156. Confounded with
brigandage by the clergy, 156-157.
Regarded as a far more heinous offence
than sacrilege, 309.
Probable appear-

ance of, before the Black Death, 310.
The crime of, denounced by the clergy
in the reign of Henry IV., 342-343.
Policy of Henry IV. and Henry V.
with respect to, 343. Statute against,
343, 489. Persecution and burnings
for, 344-345. Charges of, associated
with charges of treason, 351-352.
Uncertain definition of, 352; ii. 24,
32-33. Association of witchcraft with,
i. 352, 353, 355. Various opinions on
the legality of the punishment for, 489.
Power of the secular courts in cases of,
ii. 24. According to the Six Articles,
33, 55. Definitions of and executions
for, in the reign of Henry VIII., 49–
56. In the reign of Edward VI., 57.
In the reign of Mary, 57-60. In the
reign of Elizabeth, 60-61. Last burn-
ings for, in the reign of James I., 124–
125. Anxiety of Archbishop Neile to
burn for, in the reign of Charles I., ib.
Punishment of burning for, abolished
during the Commonwealth, 176-177
'Heretico Comburendo,' writ de, i. 343-
345, 489. Unnecessary according to
statute of Henry IV., ib. Unneces-
sary in the reign of Philip and Mary,
ii. 57, 613. Extinction of, during the
Commonwealth, 193. Finally abolished
in the reign of Charles II., 627

HEW

Hewlet, convicted of having beheaded

Charles I., ii. 202
High Commission, foundation of the
Court of, ii. 61. Abuse of power by,
97. Proceedings and tone of judges
in, during the reign of Charles I., 126–
130. Abolition of, 162. Temporarily
revived by James II., 245
Highbury, destruction of Hales' residence
at, by Wat Tyler's men,
i. 334
Highwaymen, the, successors of the bri-
gands, ii. 155. In the earlier part of
the eighteenth century, 274-278. At
the end of the eighteenth century,
384. Disappearance of, in the nine-
teenth century, 443. Sympathy with,
508

Highways. See Roads

Hobbes, how affected by the character of
his age, ii. 204

Holand, outrage attributed to the Prior
of, i. 250-251

Homicide, how regarded by the Romans,
i. 13. How regarded by the ancient
Germans and other barbarous tribes,
41-46, 435-436. Teutonic origin of
our early criminal law with respect to,
45. Punishments for, accordingto
ancient laws in England, 49. Re-
sponsibility incurred in cases of, by the
family of the criminal, by guild, tithing,
hundred, &c., 57-62. Prevalence of,
before the Norman Conquest, 62-64.
Distinction drawn by guildsmen be-
tween justifiable, and murder, 62.
Somewhat checked under the Con-
queror, 98. Punishment for, accord-
ing to the Assise of Northampton, 131.
Number of instances of, in 1348, com-
pared with the average yearly number
at the present time, 253-255; ii. 468.
Distinction between murder and man-
slaughter in cases of, formerly unknown,
469. By carelessness, a modern form
of manslaughter, 470. Recent de-
crease of, 472. An index to crimes of
violence in general, ib. Statistics of,
affected by mere carelessness, 523. See
Appeals, Fines

Horse, the Master or keeper (Custos) of
the, North of Trent, peculation by,
under Edward III., i. 261–262
Horton, offences charged against the
Prior of, i. 247

Hospitals, fraudulent collection of alms

for, in the fourteenth century, how
punished in London, i. 237. Of little
or no avail for the sick in the fourteenth
century, 239. Misappropriation of the
revenues of, 305-306

Howard, Catharine, character of the
kinspeople and lovers of, ii. 30

INQ

Howard, John, labours of, for the im-
provement of prisons, ii. 352-359
Hulks, the, ii. 110, 351

Human sacrifices attributed to various
tribes, i. 10-12

Hundred, nature and responsibilities of
the, i. 57-60. Moot or court of the,
59. Responsibility of the, enforced
by the Conqueror, with respect to
murdered Frenchmen, 98. The Con-
queror's law with respect to the, not
abolished till the reign of Edward III.,
138. Responsible for robberies within
its limit by Statute of Winchester, 220
Hungerford, Lord, treason and belief in
witchcraft of, ii. 21

Huntingdon, private jurisdictions in, be-
fore the Conquest, i. 83. Guild of
weavers at, 178. Population of, under
Edward II., 181, 462-463. Charter
to, 459

establishing in the fourteenth cen-
tury, i. 293-294. Writ of, and sta-
tutes concerning, 294
Impeachment, note on the meaning of, i.
488. Of Strafford, ii. 160. Of Laud,
161. Of King Charles I., 166. Of
Sacheverell, 291

Impressment, origin and legal aspect of,
ii. 271-274

Incest, a felony during the Common-
wealth, ii. 182

Incontinence, punishment for, during the
Commonwealth, ii. 182-184
Indictment, origin of proceeding by, i.
120-121. When and how distin-
guished from the trial by petty jury,
206-207. How related to appeal, ib.,
289-290. Of Oldcastle as enrolled in
the King's Bench and in Parliament,
346-350; the instrument in full, with
the discrepancies noted, 490-493.
Nature of an, in the fifteenth century,
387
'Infangentheof,' i. 82. Meaning of,

INS

found in suspicious possession of
goods, 285

Insanity, not accepted as the usual cause
of suicide, in the seventeenth century,
ii. 197, 580. Doctrine of, as now
applied or applicable to various forms
of crime, 580-584, 677-678
Instinct. See Association

Intimidation of prosecutors, suitors, and
jurors, i. 257-258. Of tax-collectors,
258-259. By workmen on strike,
436-437. Of witnesses and jurors in
modern times, 476

Invention, origin of patents for, ii. 104
Ipswich, population of, under Edward

II., i. 181, 462-463. Charter to, 462
Ireland, the fine for homicide in, i. 42.
Assassination not more prevalent in,
than formerly in England, 62, 64.
Crime committed by natives of, in
Ireland and in England, ii. 517-522,
527-528. Tables relating to the same
subject, 670-672

Irishman, treason of, ii. 40

Isaac of Norwich, chief creditor of the

Abbot and Monks of Westminster, i.
189. His wealth, and caricature of
him, 190-191, 463-464 (see Frontis-
piece)

JUD

clergy, barons, and traders against,
184-185. Envy excited by their su-
perior knowledge of commerce, 185.
Regulations for, under Richard I.,
186. Frauds and coin-clipping attri-
buted to them, 186, 191. Their con-
dition in the reign of John; the Jew of
Bristol and his teeth, 186-187. Hos-
tility of the clergy to, 187-188. Are
compelled to wear a badge, if males,
188, 463. Pandulf's wish to expel
them, 188-189. Debts of the clergy
to them, 189-190. Caricature of, in
the reign of Henry III., 190-191,
463-464, and Frontispiece. Female
usurers among, 191. Have rivals in
the Pope's money-changers,' 192.
Bribe the justices, 192-193. Their
privileges restricted, 193. Forbidden
to practise usury, 194. Females as
well as males compelled to wear a
badge, ib. Accused of offences against
the Christian religion, 194-195. Two
hundred and eighty hanged in London
for coining, 195-196. Cruelly expelled
from England, 196–197. Division of
their property, 197-198. Permitted to
live in England by Oliver Cromwell, ii.
178

John, King, position attained by the
towns in the reign of, i. 174-175.
Position of the Jews in the reign of,
186

Johnson, Charles, History of Pirates by,
ii. 265

Jones, Judge, compared with Jeffreys,
ii. 211, 215, 231

Jourdemayn, Margery, the Witch of
Eye, accused of witchcraft, i. 355.
Again accused as an accomplice of the
Duchess of Gloucester, 356. Burnt in
Smithfield, 358

Judges, integrity of modern, compared
with the corruption of ancient, i. 5,
134; ii. 151. Local magnates as,
before and even after the introduction
of the Eyres, i. 108. Early complaints
of extortions by, 136. Corruption of,
at the end of the twelfth century, 143-
144, 146. Enquiry into the conduct
of, corruption of, and ordinance and
oath for, under Edward III., 229-231.
Obstructed by armed bands in their
circuits, 256-257. Brawls and blood-
shed in their presence in court, 213,
257. Deceived by false writs and
returns exhibited in court, 270. In-
timidation of, by armed retainers, 413.
Tone of, in secular courts in the six-
teenth century, ii. 89-97. Tone of, in
the High Commission and Star Cham-
ber Courts in the reign of Charles I.,

JUR

126 et seq. Tone of, and prejudices
against, during the Commonwealth,
171-173. Opinion of, respecting
treason against the chief magistrate,
174-175, 626. Tone of, in the seven-
teenth century, illustrated by Jeffreys,
208-218. Charges against, in the
eighteenth century, 316. Change in
the commissions of, after the Revolu-
tion, 321. Subsequent improvement
in the tone of, 322-323. Power of,
445. Of the Common Law Courts,
not more numerous now than in the
time of Edward III., 481
Jurisdiction, ecclesiastical, not distin-
guished from secular according to an-
cient laws in England, i. 52. Private,
existed before the Norman Conquest,
59. Origin of private, 82. Wide
diffusion of private in England, 83.
Municipal, before the Conquest, 83-84.
Feebleness of the higher, before the
Conquest, 84-87. Separation of
ecclesiastical from secular, in the reign
of the Conqueror, 103-105. Becket's
quarrel with Henry II. concerning the
limits of ecclesiastical, 115-116. Of
the king's justices, and of the sheriffs
after the establishment of the Eyres,
136, 175. Independent, desired by
the towns, 140, 175. Private, at last
opposed by a national sentiment, 318.
Grant of private, by Richard II., 395.
Final abolition of private in Great
Britain, ii. 334. Various changes in,
482. See Courts

Jury, trial by, how connected with com-
purgation, i. 56-57. Origin of the
grand, 120-124. Forms of, under
Henry II., 124-129. The descent of
the grand and of the petty the same,
129. Mode of separation of the petty
from the grand after the abolition of
ordeal, 206-208. A common prac-
tice of sheriffs to pack a, 278-280.
The panel of a, destroyed, and another
forged by counsel, 280-281. Common
sympathy of a, with an accused lay-
man, 284-285. Laymen commonly
acquitted, and clerks commonly con-
victed in the fourteenth century by a,
303. Prevalence and punishment of
perjury in a, in the fifteenth century,
386. The grand both witnesses and
accusers in the fifteenth century, 387.
Fined for giving a verdict of Not
Guilty, ii. 92, 206. Claim of, to be
judges not only of fact but of law,
170-173. Slow development of modern
trial by, 206-209. Operation of trial
by, in the case of Monmouth's fol-
lowers, 212. Fully distinguished from

KIN

witnesses by Lord Ellenborough, 368.
See Attaint, Indictment, Perjury,
Witnesses

Justice, the abstract idea of, inconceivable,
in England before the Conquest, i. 89.
Improvements in the administration of,
quite recent, 419
Justices of the peace, origin of, i. 218-
223, 469-470. Wages fixed by, ii.
78, 436. Functions of, 481-482.
Justices of the Jews bribed, i. 192–193.
Of assise and gaol delivery, 221. En-
quiry into the conduct of, under
Edward III., 229. The ordinance
and oath of the, 230. See Judges
Justinian, alleged discovery of his 'Pan-
dects' at Amalfi, i. 133. Resemblance
of the Prooemium of his Institutes to
Glanville's Treatise, 452

King, division of certain dues between
the, and the sheriff, i. 83. Treason
and the claim to elect or depose a,
223-224, 226-227; ii. 165. Robbers
and brigands seize the property of the,
or of his ministers, i. 244-245; ii. II.
Relation of, to Parliament, 159
King, Lord, ii. 321

King's Bench, the Court of, a branch of
the original King's Court, i. 221.
False coin sent for inspection to the
Court of, 267-268. False writs and
returns successfully exhibited in, 270.
Confirmation of a forged charter pro-
duced in, 275-276. The chief clerk
of, accused of taking bribes, and
threatened, 279. Frauds and decep-
tions in the, 280. Fees taken on
both sides, and a jury-panel forged by
a counsel in the, 280-281. William
Thorpe, Chief Justice of the, convicted
of taking bribes, 282-283. The in-
dictment of Oldcastle as enrolled in,
different from the transcripts exhibited
in Parliament, 346-350, 490-493. A
brawl in,412, 501-502. Offences against
the statute for uniformity of prayer

King's Court, the, Court analogous to,
before the Conquest, i. 84. Its posi-
tion after the Conquest, and subse-
quent divisions, 107-108. Repre-
sented in the Eyres, 132. Continuance
of the traditions of the, 412
Kingston-on-Hull, population of, under
Edward II., i. 181, 462-463. Maihem
by the rector of, 212, 468. False ac-
cusation and fraud by the examiner of
the port of, 267-268
Kinnersly, a forger, ii. 287
Kirk, Colonel, ii. 218
Kirkby and Oates, ii. 222
Knevet, Sir Edward, sentenced to lose

his right hand, and pardoned, ii. 84
Knights, the, of the middle ages, com-
pared with the modern country gentry,
i. 247. Acts resembling brigandage
and forcible entries by, 247-252. Not
incapable of the meaner crimes in the
age of chivalry, 259-262. Pecu-
lation by, 265. Compared with towns-
men of the fifteenth century, 371-376.
Charges of surrendering fortresses for
bribes, against, 401-402. Coining
and forgery by, in the sixteenth cen-
tury, ii. 14. See Chivalry
Knightley, case of Sir Richard, ii. 62

L

ABOURERS, provisions of the
Statute of, enacted after the Black
Death, i. 323. Existence of various
classes of, after the Black Death, 323-
324. Discontent caused by the Statute

of, 327. Position of the poor after the
Statute of, 341-342. Early relation
of, to capitalists, 378-380. Excellent
effects of the emancipation of, 418.
Relations of, to employers in the six-
teenth century, ii. 77-79, 100. In the
earlier part of the seventeenth century,
294. In the eighteenth century, ii.
398. Competition of disbanded sol-
diers with, 412. Demoralisation of,
by the Poor Law before 1834, 416-
417. Relation of, to poor laws, 564-
565

Lambert alias Nicholson, disputes with
Henry VIII., and is burnt, ii. 56-57
Lancaster, John, Duke of, proposed for
king by Wat Tyler's men, i. 334.
Their grudge against him, ib. His
palace, the Savoy, sacked by the
rebels, 334-335

Lancaster, Joseph, ii. 439

LAW

Land, the tiller of, in the Roman
provinces, i. 21. The 'possessor' of,
under the Empire, ib. Burdens on,
under the Empire, 22. Primitive
tenure of, in common, by Teutonic and
other tribes, 76. Tenure of within
the Mark,' 77. Transition from
tenure of, in common, to tenure of in
severalty, 77-78. Common, of two
kinds in early England, 78. Origin of
the private holder of, in England, 78-
79. Acquisition by force the first title
to, 79-81. Remote source of anoma-
lies in the tenure of, 80. Reluctance
of the owners of, to repair roads in the
fourteenth century, 241-242. Relation
of the first seizure of, by force, to the
forcible entries of later times, to the
doctrine of seisin, and to open brigan-
dage, 247-253. The holders of, in-
debted to the townsmen for culture,
373-376. Property of the holder of,
compared with that of the inventor,
and the author, ii. 366-367. Produc-

tive powers of, increased by science,
409. See Forcible Entry, Property
Lanfranc, description of the inhabitants
of England by, i. 94-95. Rebukes a
bishop for sacking a religious house,
98-99. Opposes mutilation,
Character of, 100-102

100.

Langton, Stephen, cruelty of to the Jews,
i. 188

Larceny. See Thieves

Latimer, Bishop, present at the burning

of Forest, ii. 53. Burnt, 60
Laud, jokes of, at the expense of persons
accused, ii. 127-129. Death and
character of, 160-161

Law, sketch of the Roman criminal,
according to the Theodosian Code, i.
13-20, 426-429. Criminal, of ancient
German and other tribes, 41-44, 435-
436. Teutonic introduced into Bri-
tain, 45. Criminal, associated with
penances in England, 46-48. Dis-
tinctions of class in the criminal, in
England, 48-52. Responsibility of
clergy for, in England, 49. Barbarity
of the early criminal, in England, out
of harmony with some tokens of civi-
lisation, 76. Persistence of the same
general character of, in England for
many centuries, 86-88. Early attempts
at unification of the, after the Conquest,
106-109. Privileges claimed for the
clergy by the canon, 116.
The wager

of, how connected with compurgation
and the jury, 123-124, 209, 450-451.
Renewed study of the Roman Civil,
133. Aversion to changes in the, and
clamour for the laws of the Confessor,