Retrofpeci of French 
timate birth was not then, as at prefent, 
confidered difhonourable, aud which it was 
the intereft of a perion to conceal. Na- 
tural children dehgnated themfelves pub- 
licly by the title of baftards; and they 
aétually affumed the appellation in public 
acts. The hiftory of Charles VI., and 
alfo of Charles VII , affords a variety of 
examples in refpect to. this practice on the 
part of thofe who have rendered themfelves 
celebrated during either the civil or the fo- 
reign wars of that period.” 
We next learn that the punifhment i in- 
flicted on thofe convicted of aduliery con- 
fifted in the culprits being obliged to run 
naked around the villages where they hap- 
pened to be furprifed in the faét, in open 
day, while they were purfued and beaten 
with rods: “* Nudi per villam currere te- 
neantur; fuerunt trotcati de die publice,”” 
&c. But this penalty appears to have 
been inflifted on the poor alone, as the 
rich might buy off the punifhment by the 
payment of afine. The fine, on the other 
hand, was in proportion to the extent or 
importance of the place, for it amounted 
to ten francs at Grenoble, to five at Mot. 
rans, and at Beaurepaire to only thirty 
fous. The crime, although difficult in 
point of proof, was exaétly defined :— 
*< Si quis in adulterio deprehenfus fuerit 
per caftellanum aut familiares noftros & 
adulterium rationabiliter probetur, vide- 
licet conjugatus cum conjugata vel foluta, 
vel converfo, braxis traétis, inventus fu- 
erit, vel nudus cum nuda eee 
&c. 
It appears pretty evident in this, as in 
all cther cafes, that the lords or feigneurs, 
who profited by the compofitions, were 
not very difficult as to the proof of the 
guilt of thofe adduced before their tribu- 
nals. In Dauphiny a bifhop and prior, 
both nominated by the Pope, appear to 
have ufually prefided as judges. 
3. Of Rape. 
The culprit was condemned at Vienne 
to have his head cut off, after he had been 
obliged to ride through the town feated on 
an als. If violence was done to a woman 
of a bad life, the fine was only one hun- 
dred fous :—** S) quis virginem aut nup- 
tam folutam, violenter cognoverit, vel ra- 
puerit,”’ &c.—** Si mulierem diffamatam, 
aut alias de lupinari, debet centum foli- 
dos,” 
4. Of Crimes againf? Property. 
Thefts appear to have been very com- 
mon at this pericd, but they were chiefly 
confined to that clafs termed petty larceny, 
fuch as the taking of meat, lard, &t.— 
MontHiy Mac., No. 145. 
Literature, Hiftory. 617 
Juitice on thefe occafions feems to have 
been rigoroufly and unequally diltributed, 
as the punifhiments for the fame degrees of , 
offences were nearly alike. The whip, 
the brand, banifhment, and above al! the 
Haase of the ear, were geverally in- 
flicted witheut any regard to the fcale of - 
offences ; fo that the taking a purfe, and. 
fatisfying the cravings of nature by means 
of a bit of ftoien bread, experienced the 
fame degree of infli@tion. Notwithftand. 
ing thefe Draconian inftitutions, it appears 
pretty eviden: that fome tendernefs. was 
exhibited at times in refpect to fex and 
fituation ; for we find that a poor woman 
who had ftolen a little portion of hog’s- 
lard was abfolved from punifhment ‘on ac- 
count of her being with child :—‘ Per- 
miferant abire fine alia poena quia erat 
pragnans.”" 
5. Offences againft the Perfon. 
There appears to have been a regular 
{cale of punifhmenis for all the various 
degrees ef provocation, from fimple me- 
naces to homicide. Slight offences, and 
blows without effufion of blood, however, 
feem to have efcaped with impunity at the 
town of St. George, but at Grenoble the 
fine amounted to ten fols. 
knife, or any other weapon, either“drawn 
or lifted up againft an individual, became 
an offence, which was expiated by paying 
thirty, and fometimes fifty fous ; if un- 
able to advance the money, the culprit, 
provided he was not a minor, experienced 
a fortnight’s imprifonment, during which 
he was fed on bread and water. 
In cafes of homicide the criminal was 
fewed up ina fack and drowned. Poifon- 
ing was punifhed with fire. ‘It was the 
Jews in particular who were accufed of 
this crime, and on whom the horrid pu- 
nifhment of being burnt alive was inflicted » 
when any public calamity, fuchas an epi- 
demical diftemper, happened to occur. 
The moft violent prejudices fubfifted in 
relatien to them Jong after this period ; 
and Thomafiin, one ot the principal coun- 
feliors ot Louis XI., when he was only 
Dauphin, exhorted him wiih great earneft- 
nefs, joined to reiterated intmaties, to 
~chace away from his territories a clafs of 
men whom he termed a race.of mifcre- 
ants.” ‘ 
6. Crimes againf? the State. 
zr. The imitation of the feal of the 
Lord, accompanied with concufion, fub- 
a the culprit to be drowned. 
, Treafon. The punifhment of the de- 
Hinaulent in this cafe was at the will of the 
4k feigneur. 
A fword,. 
St a eS 
