And this judgment shall be
given upon all manner of forestallers, and likewise upon them that
have given them counsel, help, or favor." 1 Ruffheads Statutes,
187, 188. 1 Statutes of the Realm, 203.
[26] 1 Hume, Appendix, l.
[27] Blackstone says, "Our ancient Saxon laws nominally punished
theft with death, if above the value of twelve pence; but the
criminal was permitted to redeem his life by a pecuniary ransom,
as among their ancestors, the Germans, by a stated number of
cattle. Bit in the ninth year of Henry the First (1109,) this power of
redemption was taken away, and all persons guilty of larceny
above the value off twelve pence were directed to be hanged,
which law continues in force to this day." 4 Blackstone, 238
I give this statement of Blackstone, because the latter clause may
seem to militate with the idea, which the former clause
corroborates, viz., that at the time of Magna Carta, fines were the
usual punishment of offenses. But I think there is no probability
that a law so unreasonable in itself, (unreasonable even after
making all allowance for the difference in the value of money,)
and so contrary to immemorial custom, could and did obtain any
general or speedy acquiescence among a people who cared little
for the authority of kings.
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