Curiosities of Bracton. darkness, and darkness for light, and lest with the sword of justice in his unskillful hand, like a mad man, he smite the innocent, and set free the guilty, and lest he fall from his high position as from the throne of God, like one who attempts to fly before he assumes wings." In the title " De Corona" he says that the punishment for the crime of rape among the Romans, Franks, and English was this : — "If he (the criminal) was a knight, his horse for his disgrace, was skinned on the upper lip and had his tail cut off as close as possible, in like manner his dog, if he had one with him, whether a hunting or other kind of dog, was disgraced in the same manner. If he had a falcon, he lost his beak, claws and tail. His land and all the money, which the ravisher himself lost for his distress, was given to the woman, the king guaranteeing (warrantizarite) all to her. As to this mode of punish ment certain dispensations were made as when the ravishers took the violated women in marriage, but this was not a right given by law, but by per mission of holy church, and the king, and that per mission is from the king alone in his kingdom. This practice first arose in France, in the case of a certain Count (comte) who had entertained a cer tain jester (joculator) and his wife who was quite beautiful, the jester having died (in what way we do not care to explain) the Count held her against her will, but she on a certain night, made her escape from the Castle, and fleeing, came to Paris, where she found king Robert, and falling at his feet narrated the circumstances to him. When the king had heard her, he sent for the Bishops and Barons who were then at his court, and com manded the woman to narrate to them everything as she had done to him, which she did. Then the king, by the advice of the Bishops and Barons, sent orders to the Count that on a day fixed, he should come to Court, and deraign and defend himself, if he
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could. But the Count when he heard the words of the king, fearing the kings wrath on account of his misdeeds, answered that at that time he was not able to go to court, but by advice of his friends, he sent word to the king that to pacify his anger he would give him two hundred pounds of Belgian money and ten horses of as great a value and to the jesters wife he would give one hundred pounds and give her in marriage to a rich burger (citizen) or to a soldier who should keep her faithfully all the days of her life, but the king refused all these things saying that he would not be a just vicar of God if he allowed so great in iquity to go unavenged for money, and with great anger, gave orders to summon his army, intending to go against the Count; but the Barons having be sought the king, that he would give to them a de lay of eight days, in order that they might bring him (the Count) to beg the king's pardon, which he reluctantly granted. And so the Count by the advice of the Barons came to Court, and when the king perceived that he wished to fall at his feet, he turned himself away saying, that he should either suffer justice to be done, or else depart from the Court. What more would you have? exclaimed all the Barons, and they all combined against the king, that the king, himself should grant his mercy to him, for which purpose they had sent for him; at length the king very reluctantly granted his par don. The Bishops, Counts and Barons, having spoken with the Count, decreed that the Count, should take her for his wife, since she was beauti ful and witty, and that he should grant freely many charities (eleemosinas) to the churches, and the poor; and (as she was a jewess) to her father and mother and all her relatives." This dispensation, made in this manner, has grown so much and been practised so often that it is now held in many places as a custom.
