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Updated: June 26, 2025
For the present these events were not followed by anything further of a disquieting nature. To all appearances Stephen's power had not been in the least affected. From the coast he went north to Brampton near Huntingdon, to amuse himself with hunting. There he gave evidence of how strong he felt himself to be, for he held a forest assize and tried certain barons for forest offences.
However, all these niceties had no application to the old freehold rents of the feudal period, because the contractual remedies did not apply to them until the time of Queen Anne. /8/ The freehold rent was just as much real estate as an acre of land, and it was sued for by the similar remedy of an assize, asking to be put back into possession.
A Relation of the Surprising Discovery of the Murder of MARY BARWICK, committed by WILLIAM BARWICK, her husband, on the 14th of April, 1690, upon which he was convicted, at the Lent Assizes at York, before the Honourable Sir John Powell, Knight, then one of the Judges of Assize
And because anointed monarchs are amenable to no human tribunal, save to that terrible assize which the People, bursting its chain from time to time in the course of the ages, sets up for the trial of its oppressors, and which is called Revolution, it is the more important for the great interests of humanity that before the judgment-seat of History a crown should be no protection to its wearer.
What further action was taken in the matter of the queries "delivered to the Judges of assize" we do not know. Both Hopkins and Stearne, as we have seen, went into retirement and set to work to exonerate themselves. Within the year Hopkins died at his old home in Manningtree. Stearne says that he died "peaceably, after a long sicknesse of a Consumption." But tradition soon had it otherwise.
Hawthorne did not conjure this up wholly out of his imagination, for in 1704 the General Court of Massachusetts Bay passed the following law, which he was no doubt aware of: "Convicted before the Justice of Assize, both Man and Woman to be set on the Gallows an Hour with a Rope about their Necks and the other end cast over the Gallowses.
John Tutchin, afterwards editor of the Observator, was punished by the merciless Jeffreys in his Bloody Assize for writing seditious verses, and sentenced to seven years' imprisonment and to be flogged every year through a town in Dorsetshire. The court was filled with indignation at this cruel sentence, and Tutchin prayed rather to be hanged at once.
"You had known him before, I think?" says my lord, carelessly. "I cannot guess your reason for so thinking, my lord," I replied, "but such in the fact." "And when did you part with him again?" said he. "I reserve my answer," said I. "The question will be put to me at the assize." "Mr. Balfour," said he, "will you not understand that all this is without prejudice to yourself?
Casterbridge, the county-town, was a dozen or fifteen miles off; and though in those days, when men were executed for horse-stealing, arson, and burglary, an assize seldom passed without a hanging, it was not likely that she could get access to the body of the criminal unaided.
It was understood that the boy was to be buried at Headford, on Saturday, the 3rd; but, nevertheless, the father was in the assize town on the Friday. He was in the town, and at eleven o'clock he took his place in the Crown Court. He was a man who was still continually summoned as a grand juror, and as such had no difficulty in securing for himself a place.
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