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ense of draught, to prove the best of metropolitan | may be executed with asphalte. The genuine asphalte pospavements. In it the blocks are sawn into a rhomboidal sesses a degree of elasticity that renders it exceedingly shape, the upper surface forming an angle of about 630 with durable; but artificial compounds in imitation of it genethe direction of the grain, by which the durability of an end rally require too much bitumen, and are injuriously affected section is in a great degree preserved, while the inclination by great changes of temperature. Some experiments have of the sides causes each block to receive support from those been made, but, as far as the writer is aware, with very inadjoining it, and affords facilities for pinning the whole different success, on the formation of carriage-ways with pavement together by pegs. The following diagram may large blocks of asphaltic composition containing a considerserve to illustrate this ingenious arrangement, which is the able quantity of gravel or broken stone. invention of the Comte de Lisle.
Foot-pavements of tlagstones require very little remark. The curb-stones should be very hard, and firmly set in cement on a bed of gravel. They usually rise about six inches above the surface of the carriage-way, which may be made to abut immediately upon them, without the intervention of a gutter. Where gutters are introduced, those of cast-iron are to be preferred. The flagstones, which should never be less than two inches and a half thick, are com
monly bedded in mortar on a layer of gravel; but sometimes, The solid lines represent part of one course or transverse when there are no cellars underneath, are laid dry. The row of blocks, which all incline in one direction, each block appearance of many of the new streets of London is greatly having on one side two projecting pegs, and on the other improved by the use of flagstones of extraordinary dimentwo holes. The adjoining course is laid in like manner, sions, extending the whole width of the pavement; and a but sloping in the opposite direction, as indicated by the similar appearance at much less cost may be obtained by dotted lines, by which disposition the two pegs on one side the use of asphalte. A slight degree of slope should be of a block enter two distinct blocks in the adjoining row, given to the pavement, to conduct water to the gutters, for while the holes on the other side receive in like manner the which purpose a fall of one inch in ten feet is sufficient, pegs of two other blocks ; so that each block is pinned to while a steep inclination is objectionable from its danger in four others, besides receiving support from the adjoining slippery weather. blocks of its own course. Where this principle of construc Among the substitutes for common tlagstones that have tion is fully carried out, the whole pavement of a street be been recommended, may be mentioned slate, which appears comes, as it were, one mass, being so pinned together that to be very durable. Some pavements or floors of this mano block could be raised without breaking the dowels; but terial have been laid at the London Docks, where, among as it is necessary sometimes to disturb the pavement in other advantages, it is found preferable to wood in point of order to get at the gas and water pipes, some specimens cleanliness. Trackways of slate two inches thick are found have been laid down in masses of twenty-four or thirty-six strong enough to bear waggons or carts with four or five blocks, so united by iron clamps that the blocks thus con. tons of goods; and some are laid of only half that thickness nected together may be laid down and taken up, when neces on an old wooden floor. sary, at once. The pavement laid down on this plan in (A• Treatise on Roads, &c., by Sir Henry Parnell, of Oxford Street is all pinned together in the manner first which a second edition was published in 1838, may be condescribed, and consists of blocks six inches deep laid on a sulted with advantage by those desirous of obtaining further well-formed concrete foundation.
information on the theory and practice of road-making. The As far as a judgment can be formed at present, wood works of Mc. Adam, Edgeworth, and several others; and the pavements appear likely to prove exceedingly durable; and various Parliamentary Reports relating to roads from the it is stated by Mr. Finlayson, who in 1825_suggested the commencement of the present century, as well as those adoption of wood for paving the streets of London, that a of the Holyhead-road Commissioners, also contain much few blocks of wood placed vertically in a granite pavement valuable maiter on this subject.) were less reduced by twenty-five years' wear than the stone It may be interesting to add a concise statement of the tself. The principal disadvantage of wood appears to be its extent of turnpike and other roads in each of the counties becoming slippery in wet weather, to obviate which, in some of England and Wales, condensed from the Appendix 10 instances, the upper edges of the hexagonal blocks have the · Report of the Commissioners for inquiring into the been bevelled, so as to form zigzag grooves when laid down; | State of the Roads in England and Wales, 1840. Owing but the most effectual plan seems to be to cut straight to the difficulty of obtaining complete returns from some grooves along the centre of each block, by which the stabi- districts, the statement can only be received as an approxility of the joints is not at all affected.
mation to accuracy: and this circumstance, combined with Another description of road that has lately attracted much some difference in the kinds of road embraced in the returns attention is that consisting of an asphaltic composition of different years, must account for some discrepancies. Many attempts have been made to form roads of gravel and The returns being given for two periods, with an interval of other materials united by animal oleaginous or gelatinous about twenty-five years, afford data for calculating the exsubstances, or coal-tar, into a kind of concrete; but such tension of the roads in each county; and the addition of a attempts have seldom proved successful on a large scale. column, stating the area of the county in square miles, Mineral substances of similar character have been found tends to show the proportion borne by the extent of the more advantageous, and the native ::sphalte procured near highways to that of the district. The columns giving the Seyssel, in the department of l'Ain, and some other places, mileage for 1812-13-14 show the average of the returns for has been found to produce, when mixed with a small por- those years, a circumstance which must account for a want tion of native bitumen, a substance admirably adapted for of agreement between the items and the totals. It must the formation of smooth roads, and a variety of other im- be observed also that paved streets are embraced with turnportant purposes. Its application to carriage-ways has been pikes in this statement, and not in that for 1839. in this country chiefly confined 10 court-yards, for which, as From the same document it appears that the average well as for terraces and footpaths, it is very suitable. The as cost of maintaining the turnpike-roads, amounting to about phaltic mastic of Seyssel, as prepared for use, consists of 22,000 miles, has been, for the last five years, 989,5451. per ninety-three parts of native asphalte reduced to powder, and annum, or 45l. per mile per annum, including the estimaied seren parts of bitumen; the two being melted together, and value of the statute duty performed on them. Of this sum a little fine gravel or sand stirred in with the mixture. The about 36l. per mile has been expended on mere repairs, and composition is ready for use when it simmers with a con- 91. per mile on improvements. The money expended on masistency similar to that of treacle, and it is spread while hot nagement is about 129,1241. annually, being nearly 61. per so as to form a coating about an inch thick upon a levelled mile, and raising the total annual expense to nearly 511. per foundation of colicrete. The thickness of the asphalte is mile. The number of trusts is about 1110, averaging 19 miles, regulated by slips of wood or iron, which are often so dis- 5 furlongs, 28 poles, and I yard each; the number of tollposed as to divide the pavement into ornamental compart- gates and side-bars about 7796, and of surveyors 1300. Of ments, the asphalte being made of various colours by the ihe parish highways, extending rather more than 104,770 admixture of different kinds of sand or other substances. miles, the average annual cost of maintenance, by higb Where the ornamentai character of the pavement forms a way rates, is about 11l. 3s. per mile; and the number of listinguishing feature, beautiful imitations of mosaic work parochial surveyors or waywardens about 20,000.
Table showing the number of miles of turnpike-roads | average length of each trust to be about three furlongs less and other highways in England and Wales :
than in England and Wales:-
273 Selkirk Miles.
23 Elgin 26 Stirling
51 Berks 033 1,335 210 1,419
120 Buckingham 211 1,287 196 1,445
3,666 Cambridge 239 834 205 1,001
Kirkcudbright 216 Chester
506 1,602 531 2,357 1,052 Cornwall 291 3,530 340
ROANNE, a town in France, capital of an arrondisse. Cumberiand 167 1,834 383
ment in the department of Loire, 238 miles south-southDerby 637| 1,696 607 1,978 1,028
east from Paris by the road through Fontainebleau, MonDevon
776 5,936 968 6,898 2,585 targis, Nevers, and Moulins. Dorset 3081 1,696 475
1,761 1,006 It is mentioned by Ptolemy, and in the Peutinger Table; Durham 349 1,318 490 1,508 1,097
its Latin name appears to have been variously written RoEssex
320 2,813 282 3,113 1,533 dumna and Roidumna; it belonged to the Segusiani. In Gloucester 636 2,403 976
the middle ages it gave name to a district, Roannais, but Hants
497 3,044 621 3,199 1,625 had sunk into insignificance at the beginning of the last Hereford
456 1,195 505 1,374 863 century, from which commerce has since revived it. Hertford 195 1,336 230 1,475 630
The town stands in a tolerably fertile district on the left Huntingdon 139 357 125 378 372
or west bank of the Loire, which here begins to be navigable Kent
651 4,194 1,557 up and down the stream; boats can descend from St. Řam Lancaster.
739) 2,977 739 3,523 1,766 bert, more than 40 miles above Roanne, but they cannot Leicester 340 1,401 367 1,597 806
ascend. The town has never been walled; the houses exLincoln
492 3,933 495 4,620 2,611 tend in every direction into the country, becoming less Middlesex.
666 173 675 282 crowded as they diverge, and as they are not very lofty the Monmouth
772 215 1,114 496 place presents the aspect of a large village rather than of a Norfolk
373 4,384 348 4,501 2,024 town. The interior is well laid out, with wide and straight Northampton 354 1,547 413 1,638 1,016 streets and well-built houses. Sereral of the genteel Northumberland 458 2,322 399 2,203 1,871 families of the surrounding district have fixed their residence Nottingham
312 1,3301 335 1,412 837 at Roanne. There is a fine wooden bridge over the Loire, Oxford
303 1,133 325 1,177 756 and a good quay along the river. The church is a very inRutland
63 245 68 267) 149 ferior building, but the college is handsome; and there are Salop
713] 2,252 761 1,876 1,343 good inns, a fine hospital, a handsome theatre, and public Somerset
817) 3,165 930 3,724 1,645 baths. Stafford
702 2,103 760 2,476 1,184 The population, in 1831, was 8890 for the town, or 9260 Suffolk
322 2,962 281 3,235 1,515 for the whole commune; in 1836 it was 9910 for the comSurrey 248] 1,508 282
759 mune. There are manufactures of woollen, cotton, and Sussex
558/ 2,333 678 2,368 1,466 linen yarn or thread, woollen cloths, muslins, calicos, and Warwick
431 1,813 463 1,814 897 other cottons, leather, glue, and earthenware ; there are Westmoreland 194 738 210
762 some dye-houses. The trade is considerable, being carried 589 2,263 628 2,336 1,367 on not only by the Loire, but by the lateral canal to that Worcester.
443 1,409 391 1,426 723 river, which extends from Roanne to Digoin; it compreYork, E. Riding 244 1,944
1,858 1,119 hends the manufactured goods of Lyon, which are sent City and Ainsty
142 86 1,684
here on their way to Paris, the coals of the coal-field of St. N. Riding 647 2,331
2,790 2,055 Etienne, the wines and other produce of the neighbourhood W. Riding 946 4,054
4,674 2,576 and of other parts of the south of France, and the imports
from the Levant. Some of the wines grown round the Total of England 17,50086,100 18,955 94,760 50,380 town are of fair quality, but the greater part are ordinary.
Many boats are built here for carrying on this traffic. Anglesey
26 471 1101 483 271 The town has a college or high school, with a cabinet of Brecknock 169 727 185
850 754 natural philosophy attached to it, a public library, a suborCardigan
141 687 222 836 675 dinale court of justice, and some fiscal government offices. Carmarthen 356 1,158 507 1,440
The arrondissement has an area of 688 square miles, and Carnarvon.
552 160 668 544 comprehends 108 communes; it is divided into ten cantons Denbigh
178/ 1,061 109 1,068 633 or districts, each under a justice of the peace. The popu. Flint
229 463 244 lation, in 1831, was 121,817; in 1836 it was 124,871. - Glamorgan
292 1,174 591 1,277 792 ROBBERY is theft aggravated by the circumstance of the Merioneth
206 393 238 420 663 property stolen being taken from the person, or whilst it is Montgomery 356 961 299 824
839 under the protection of the person, of the owner or other lawPembroke. 136 1,019 97 1,205 610
ful possessor, either by violence or puiting in fear. This Radnor
tual violence to the person, but in later times it has been exTotal of Wales 2,200 9,000 3,007 10,012 7,425 tended to constructive violence by putting in fear, and not Total of England
only to cases where property has been taken or delivered and Wales 19,700 95,100 21,962 104,772 57,805 under a threat of bodily violence to the party robbed or to
some other person, but also where the fear has resulted from
apprehension of violence to his habitation or to his property, Respecting the roads of Scotland and Ireland there do or where it has been occasioned by threats of accusing the not appear to be published data for an equally minute state- party of the commission of an infamous crime. ment. The following account of the number of miles of Robbery was formerly regarded not as an aggravation turnpike-roads in each county in Scotland, given on the of the crime of theft, but as a distinct and substantial authority of a paper presented to a Committee of the House crime. Latierly bowever robbery has been treated as an of Lords in 1833, shows their total length to be 3666 miles, aggravation of theft, and it has been held that if, upon the which, divided by 190 the number of trusts, indicates the trial of an indictment for larceny, it appear that the taking
announted to a robbery, the party may nevertheless be such waiver, seizure, or sale, the owner cannot retake them convicted of the larceny charged.
of his own authority. Where there has been no im proper The stealing is said to be by violence when it is effected neglect to prosecute, the party will ir general be entitled to by doing any injury, however slight, to the person of the his writ of restitution. This at common law could be party robbed, or when the act of taking is accompanied by obtained only upon the successful prosecution of a writ o: any degree of force for the purpose of overcoming resistance. appeal. But by 21 Hen. VIII., c. 11, the court before which A snatching or taking of property suddenly or unawares a party is convicted of robbery or of larceny upon an indictfrom the person without some actual injury to the person ment, is authorised to award writs of restitution for the does not amount to robbery. If violence be used, it is suf- money, goods, or chattels stolen, in like manner as though ficient to constitute robbery, although resorted to under the felon or felons were attainted at the suit of the party in an the colour of executing legal process or of the exercise of appeal. Restitution of stolen goods, whether taken by some other lawful authority. It is not essential to the offence robbery or by larceny, is now regulated by 7th and 8th Geo. of robbery that the violence should have been at first used 1V., cap. 29, sect. 57. [Restitution.] The party robbed for the purpose of obtaining the property, provided the cannot sue for the goods stolen or their value against the violence be unlawful and the property is yielded up, or per- robber or any person who may have acquired ihe goods mitted to be taken, in order to prevent further violence. stolen from the robber, unless he has done all in his power
Stealing is considered to be effected by threat of violence to bring the offender to justice. to the person, when possession of the ihing stolen is ob By the statute of Winton, passed in 1284, the inhabitants tained by any threat, menace, or other act calculated to of hundreds in which robberies iake place are made answerexcite fear or apprehension of violence, present or future, able for the value of the property stolen, if they have not to the person of the party threatened or of any other party taken the offenders within a certain time after the offence. in whose welfare the party to whom the threat is addressed To entitle the party to this remedy he must, in his action may feel interested. It is immaterial whether the threat, against the hundred, show that he was robbed in the day&c. be direct or indirect, or whether conveyed by words, time or while there was sufficient light to distinguish a man's gestures, or signs, or whether made under pretence of countenance, that he was robbed openly, as on the highway, lawful claim or of acting under legal process or other or in a lane or wood, or some other open place, and not in a lawful authority, or of asking charity, or of making a dwelling. house, which a man is expected to defend at his purchase, or under any other pretence. The existence of own peril
, that he was robbed in ihe hundred named in actual fear in the mind of the party robbed is not ma the declaration, but whether in the vill or parish named, terial, provided the act of stealing be accompanied by such or in some other vill or parish, is not material, and, if threats or other acts as are calculated to create the expecta- robbed on a Sunday, that he was not travelling at the time, tion that force will be used in case of resistance. Where no the statute passed in the reign of Char. II. for the better actual violence is employed, and the threats, &c. used do observance of that day having expressly enacted that if not create any apprehension of violence or expeciation that any person who shall travel on ihe Lord's day shall be force will be resorted to in case of resistance, or if such ap- then robbed, the hundred shall not be answerable for the prehension or expectation has ceased to exist at the time robbery so committed.' The plaintiff is also bound to show when the property is taken, the offence of robbery is not com that he has given certain notices, and has submitted himself mitted. If property be taken by violence or by threats, &c., to examination before a justice of the peace, as required by it is robbery, although the owner may have voluntarily ex different statutes. (2 Saunders's Reports, 374; 4 Mann. and posed himself to the attack for the purpose of apprehending Ryl, 130; 9 Barn. and Cress., 134.) Aud by 22 Geo. II., the offender. (Fourth Report of Commissioners on Criminul c. 24, the hundred is not to be liable beyond 2001., unless Luw.)
the person or persons robbed shall at the time of the robbery At common law, robbery was a felony punishable by death, be together in company, and be in number two at the leasi, without regard to the quantity or value of the property to attest the truth of the robbery. stolen. The offender however was entitled to benefit of Under 7 Wm. IV. and i Vict., C. 87, s. 5-10, robbery is clergy (BENEFIT OF CLERGY), until this advantage was punishable by transportation for life or for any term of taken away in cases of robbery, under different circum years not less than seven, or by imprisonment for any term stances of aggravation, by several statutes.
not exceeding three years, and for any period of solitary The offender was liable to be punished at the suit of the confinement during such imprisonment noi exceeding one king after a trial upon an indictment, and, in certain cases, month at a time, or three months in the space of one year, wlien taken in the very act, upon a trial wiíliout indictment. at the discretion of the court or judge, by or before whom The party robbed alsó was entitled to bring his criminal the offender may be tried; but by sect. 4, where the robaction or appeal (APPEAL] ag..inst the robber, for the pur- bery is effected by threatening to accuse the party of an pose as well of punishing the offender as of obtaining resti- infamous crime, the period of transportation is for life or tution of the property stolen. If the appellee waged batile, for a term not less than 15 years. By the same statute, the combat took place between the appellor and appellee in sect. 6, assaulting with intent to rob, and, by seci, 7, deperson, as no champions were allowed in appeals of robbery. mandiog any property of any person by menaces or by Though the appelior was always bound to offer to prove the force, is made felony punishable by imprisonment pot exoffence charged by his body, the appellee was not obliged to ceeding three years. accept that mode of trial. Thus in the Pleas of gaol delivery By the same statute, sect. 2, the punishment of death is at Shrewsbury, in October, 1224, we find this entry, ‘Robert imposed upon the offence of robbing any person, and at the de Haddeleg appeals Roger de Hybernia, for that whereas time of or immediately after such robbery stabbing, cuton the day of St. James the apostle he was coming through ting, or wounding any person. Trumpeleg between Bruges (Bridgnorth) and Worcester, Upon an indiciment for robbery, as well as for any other came the said Roger and took him and bound him, and felony which includes an assault upon the person, the jury wickedly and in robbery, and against the king's peace, took are authorised by 7 Wm. IV. and i Vict., c. 85, sec. 11, to from him 15d. of bread. And Roger denies (defendit) the acquit of the felony, and to find a verdict of guilty of assault, felony and robbery, and says that he did nothing against against the party indicted, if the evidence will warrant such the king's peace, and he puts himself upon the township of finding; for which assault the party may be sentenced ic Shrewsbury, where he resided two years, and upon the town imprisonment for any term not exceeding three years. of Bruges, and upon lawful men near Trumpeleg, for good ROBBERY, in the Roman law, was called Rapina, and the and cvil. And 16 men of Shrewsbury and 6 of Bruges remedy of the injured person was the actio vi bonorum with the men of the neighbourhood say upon their oath that raptorum against the robber, which was given by the ediet. they do not mistrust him of (non male credunt ei) of that Robbery was, in fact, a species of Furtum; for the definirobbery. Therefore let him be delivered; and let him go out tion of furtum was, “a fraudulent carrying-off (contrectaof the lands of the lord the king unless he can find pledges. tio) of a moveable thing against the owner's consent. The And he could not find them. Therefore let him go out. And word 'fraudulent' comprehended the notion of a person carhe chose the port of Dover.' (Placitorum Abbreviatio, 104, b.) rying off the thing for the purpose of making it his own. The party robbed may without any formality retake his Rapina only differed from Furtum in being
effected by goods wherever he can find them, unless they have been force. waived or thrown away by the robber during his flight, or Furtum was committed in various ways, besides by taking seized by the officer of the king or of the lord of the fran- another person's property. A debtor committed furtum, il chise, or sold in open market. (MARKET, p. 423.) But after he fraudulently carried off a thing which he had pledged
to his creditor. It was furtum to use a thing that had been Robert was early embroiled with the church; he had lent, for a different purpose from that for which it had been married (A.D. 995) Berthe or Bertha, widow of Eudes, count. lent. Furtum was either manifestum or nec manifestum. It of Blois, but there were some difficulties as to the lawfulwas furtum manifestum beyond all doubt when the thief was ness of the marriage, for which Pope Gregory V. refused a caught in the act; but there was a difference of opinion as dispensation, and declared the marriage void. The king reto whether it was furtum manifestum or nec manifestum in fused obedience, in consequence of which he was excom. a variety of cases. According to some writers, it was furtum municated ; and it is said ihat under this terrible sentence manifestum if the thief was taken with the thing before bis palace was deserted by all except two menials, who he had reached the place to which he intended to carry it. after every meal purified by fire the utensils employed at Furtum which was not manifestum was nec manifestum. the royal table. Robert at length yielded; he put away The Twelve Tables made the punishment of furtum mani- Bertha (A.D. 998), and married Constance, daughter of the festum a capital offence, that is, an offence the penalty for count of Toulouse, an imperious and vindictive woman, but which affected a person's caput or status. The edict changed one of the greatest beauties of her time. Robert and Conthis into an actio quadrupli. The remedy in the case of stance may be compared in point of character to Henry VI. furtum nec manifesium, which the Twelve Tables gave, was of England and his consort Margaret of Anjou. an actio dupli, which the edict retained. All persons could In A.D. 1002, Robert engaged in a war to secure the suchave the actio furti who had an interest in the preservation cession of the duchy of Bourgogne, of which he was lawful of the stolen thing; consequently others besides the owner heir ; and, being supported by Richard, duke of Normandie, might bring the action, a bailee for instance: and sometimes succeeded, after a struggle of thirteen years (A.D. 1002-15), in the owner could not bring it, as in the case of bailment, gaining possession of it. He bestowed it on his son Henry. provided the bailee was a responsible person. If he was a | In A.D. 1006 he marched to the assistance of the count of responsible person, he was bound to make good the loss to Flanders, one of his great vassals, attacked by the emperor the owner, and consequently could bring the action, and the Honry II., who was obliged to retire. Peace was concluded owner could not. Condemnation in an actio furti was fol- next year between the two princes. lowed by infamia.
Robert possessed a taste for music, and, prompted by this, The owner of the thing might aiso bring his action for as well as his devotional temper, frequently led ihe choir of the recovery of the thing itself or its value.
St. Denis, and composed hymns for monastic use. He is The law of the Twelve Tables permitted a person to kill charged with lavishing his treasure upon mendicants, cona thief who was detected in the act of theft in the night; niving at thefts from his own person, and truckling to and a thief might be killed in the day.time, if he defended the fierce and cruel temper of his queen, who presumed himself with any weapon (telum). But the severity of the so far on his tameness as to procure his favourite, Hugues old civil law was gradually mitigated by the edict, and the de Beauvais, to be murdered in his presence. offence of theft was, as already observed, only punishable by
Robert visited all the shrines in France, and went to Rome an action of furtum, and the consequent pecuniary penalties. (A.D. 1019) to visit the tombs of the Apostles; perhaps also,
The actio vi bonorum raptorum originated in the civil as some have supposed, with the view of inducing the pope wars of the later republican period, and its object was not to annul his marriage with Constance, and to sanction his so much to repress robbery as all acts of violence committed reunion with his first wife, Bertha. by bands of armed men. Accordingly its terms compre He persecuted the Jews, and procured, in a council held, hended those who carried off any thing (quid rapuerint), or A.D. 1022, at Orléans, the condemnation of some priests committed any damage to property (damnum) in armed charged with heresy, which was described as "Gnosticism,' bodies (armati coactique). It appears that under the em or “Manicheism,' but the true character of which it is not pire, when order was established, the provision against easy now to ascertain. They were brought to the stake at armed men was not wanted, and the word armati seems Orléans, and Constance, with characteristic ferocity, struck to have been dropped from the edict. Still the edict was out the eye of one of the sufferers, formerly her own condirected against assemblages of men, and it became of fessor, as he passed her in the way to execution. comparatively little use in the peaceful times of the empire. However Robert may have been led astray by the superAccordingly the jurists were led to make the discovery that stitious and persecuting spirit of the age, his moderation and the edict applied to individuals as well as to bodies of men, love of peace were exemplary. He mediated between the and thus ultimately an action might be maintained under duke of Normandie and the count of Chartres, who were the edict against a single person who committed dainnum engaged in hostilities, and obtained the confidence of the or rapina. Finally, damnum, against which the edict was emperor Henry II., who visited him in his camp (A.D. originally mainly directed, disappeared from the edict, as 1023). On the death of this emperor, he refused, both we observe in the Institutes and the Code, and the action for himself and his son, the crown of Italy, which was was reduced simply to an actio vi bonorum raptorum.
offered him by the malcontents of that country. The Roman law of furtum is stated in Gaius, iii. 183 His eldest son, Hugues, to whom he had given the title 209. The following references will be useful: Dig., 47, tit. of king (A.D. 1022), provoked by the cruelty of his mother, 2: Inst., 4, tit. 1; Savigny, Zeitschrift, &c., vol. v., Ueber broke out into rebellion, but being taken and delivered Cicero pro Tullio, &c.; Dirksen, Uebersicht der Zwölf up to the king, was pardoned. He died however soon Tafeln Fragmente.
after (A.D. 1026). Henry, his next son, was then associROBERT I. of Normandie. [NORMANDIE.]
ated with him in the royal title, in spite of the endeavours ROBERT II. of Normandie. [NORMANDIE.]
of Constance, who espoused the inierest of Robert, the ROBERT, king of France, was elected king on the third son. Robert took up arms against his father, but his death of his brother Eudes, by that party of the French who rebellion was suppressed. Shortly after quiet was restored rejected the claims of Charles le Simple. (CHARLES III.] King Robert died, at Melun (A.D. 1031), sincerely regretted, He was recognised as king in an assembly of his partizans, as it appears, by his subjects. While Robert was king' held at Soissons (A.D. 922), and consecrated in the church said they, while he governed us, we have lived in security of St. Remi, at Reims, by the archbishop of Sens. He fell in and have feared nobody.' He was buried at St. Denis. battle against his competitor Charles le Simple, near Sois ROBERT I., king of Scotland. [BRUCE, ROBERT; Ban. sons, 151h of June, 923, having reigned scarcely a year. He NOCKBURN.] was grandfather to Hugues Capet, founder of the third or ROBERT II., king of Scotland, the first of the House Capeiian race of French kings.
of Stewart who reigned in that country, was born 2nd of ROBERT, king of France, surnamed le Suge (the wise), March, :316, and was the only child of Walter, the Stewart and le Dévot (the devout), was son of Hugues Capet, whom of Scotland, and his wife Marjory, daughter of King Robert he succeeded on the throne, A.D. 996. He was born about Bruce, 10 whom he had been married the preceding year. A.D. 970, and had been twice crowned in the lifetime of his All that is known of the House of Stewart previous to this father; at Orléans, A.D. 988, and at Reims, A.D. 991. The date is, that a Walter, son of Alan, was Stewart or Dapifer character of Robert was devoid of shining qualities, but be of Scotland in the reigns of David I. and Malcolm 1V.; was a prince of upright and peaceable disposition. Early in that he was succeeded in that high office by his son Alan his reign France was afflicied by a scarcity of four years this Alan by his son Walter ; Walter by his son Alexander, continuance, arising from the failure of the harvests, and the who was one of the regents appointed during the minority scarcity was followed by a pestilence, which again appeared of Alexander III., and who, in 1263, commanded the Scoiin 1010, and a third time in 1030-33. These calamities are tish army at the battle of Largs; Alexander, by his son said to have reduced the population of France a third. James, who was regent after the death of Alexander III.,
and died in 1309 at the age of sixty-six; and he, by his son | federacies in time coming, on pain of forfeiting for ever all Walter, the father of Robert II. 'This Walter was one of right and title to the crown, as well as to his private inthe commanders of the Scottish army at the battle of Ban- heritances. Soon after this David, who had lost his first nockburn; and early in the following year, 1315, Bruce wife, Joanna, a daughter of Edward II., in the preceding gave him in marriage his daughter and then only child year, contracted a second marriage with Margaret Logan : Marjory, upon whom, provided she should marry with the but she also bore him no children ; indeed he had separated consent of her father, or, after his death, with the consent from her some time before his death, which took place on of the majority of the community (or states) of the king- the 22nd of February, 1371. dom, the crown had been settled, failing the heirs male of Upon this event the states of the kingdom immediately her father and of his brother Edward, in a parliament assembled at Linlithgow; and after a slight opposition on held at Ayr on the 26th of April in that same year. the part of the earl of Douglas, who conceived that he had Robert was the only issue of this marriage. Lord Hailes himself a claim to the vacant dignity, as representing the (Annals of Scotland, vol. ii., Appendix i.) has sufficiently families both of Comyn and Balliol, the Stewart was unanirefuted the tradition that Marjory was killed by being thrown mously declared king, by the title of Robert JI.
He from her horse when big with child, and that Robert was was crowned at Scone, on the 26th of March, and next day, brought into the world by the Cæsarean operation; but it ap- according to custom, received the homage of the bishops pears that she died either in giving birth to the infant or soon and barons, seated on the moot-bill there. after her delivery. Her husband died 9th April, 1326, after Robert II., when he thus succeeded to the throne, was having had another son, Sir John Stewart of Railstone, by somewhat peculiarly situated in regard to his domestic rela. e second marriage with a sister of Graham of Abercorn. tions; and the point demands particular notice, inasmuch
Bruce was succeeded by his son David Il., born of a as a controversy has thence arisen on the question of the second marriage, 5th March, 1324; and his unfortunate legitimacy of the Stuarts, which continued to be agitated, reign-marked by a long minority and a succession of re both among antiquaries and political writers, down to the gencies, during which the kingdom was overrun by middle of the last century. His first wife was Elizabeth, Edward Balliol and his ally, Edward III., and David was daughter of Sir Adam Mure, of Rowallan; but the family obliged to make his escape to France, and after that by the he had by her, consisting of four sons and six daughters, defeat of Neville's Cross, when David was taken prisoner had all been born before their marriage. In ordinary cirby the English-fills up the interval from 1329 to 1371. cumstances a subsequent marriage might probably, in ScotRobert, the Stewart, acted a principal part throughout this land, even at this early date, have legitimatized these chilreign, and was as much distinguished by his personal merits dren, at least in the eye of the church, although their right and conduct as by his high rank. While yet only a youth of of civil succession, and especially of succession to the crown, sixteen, he commanded the second division of the Scottish might not have been in that way so certainly established; army at the decisive battle of Halidon, fought, and lost by but there was a very awkward speciality in the present case. the Scots, 19th July, 1333; and after that fatal day he was Robert and Elizabeth Mure had been living not only in one of the first to uplift again the standard of the national concubinage, but in what the church considered incest, for independence. In 1334, he and the earl of Moray assumed they were related, it seems, in the fourth degree. Nay, to the regency of the kingdom, and, although not formally in- make matters worse, the Stewart, before his acquaintance vested with the government by any assembly of the states, with Elizabeth Mure, had been connected in the same way were recognised by the people as entitled, in the infancy with Isabella Boutelier, who was related to her in the third and exile of the king, to wield all the authority of the crown. degree ; and this, according to the canonical doctrine, placed Fordun's description of the Stewart at this time, as Lord him in a relationship by affinity of the same, that is, of the Hailes translates the passage, is as follows:– He was a third degree, to Elizabeth Mure. His marriage in any comely youth, tall and robust, modest, liberal, gay, and cour circumstances therefore with that lady, would have deteous; and, for the innate sweetness of his disposition, ge- manded a papal dispensation, but it was far from being uninerally beloved by true-hearted Scotsmen.' In a subsequent versally admitted that even the authority of the pope could passage however he hints that his conduct as yet was not establish the legitimacy of children born in a connection always regulated by absolute wisdom, -'qui tunc non magna which thus openly violated and set at defiance what was beregebatur sapientia.'. On the earl of Moray being taken lieved to be the divine law. It is obvious that a dispensation prisoner by the English the following year, the Stewart, in to persons within the prohibited degrees to marry is an exerconcert with the earl of Athol, concluded with Edward cise of prerogative on the part of the head of the church III., on the 18th of August, 1335, the treaty of Perth, which much inferior to the legitimization of the children already was in fact a submission, though upon honourable condi- produced from an incestuous connection. So strongly in the tions, to the English king. After this we hear no more of present case does this appear to have been felt, ihat the the Stewart till 1338, when, upon the death of the regent, pope's dispensation actually proceeds upon the monstrous Sir Andrew Moray, we find him again appointed to that supposition that Robert and his wife Elizabeth Mure, long supreme office. His resumption of the government was as they had lived together, had been all the while ignorart soon followed by the expulsion of the English from all their of their relationship, and on that manifestly fictitious ground strongholds to ihe north of the Forth, and his regency was alone does his holiness profess to sanction their marriage, terminated by the return of the king, on the 4th of May, and to pronounce the legitimacy of their children. But the 1341. In 1346, after the capture of the king at the battle dispensation by no means satisfied the popular feeling of of Neville's Cross, where he commanded the left wing of the time; and there is reason to believe that the supposed the Scottish army, in conjunction with the earl of March, defect in the right of the reigning family materially cuntrithe Stewart was again elected regent, or 'locum tenens buted in exciting and sustaining some of the most forserenissimi principis David,' &c., and he held this post till midable of the insurrectionary attempts which conrulsed the the release of David, in 1357, governing the country, it is Scottish kingdom in the course of the succeeding century. affirmed, with remarkable prudence and ability in the diffi- Robert, after the death of Elizabeth Mure, had married Eucult circumstances in which he was placed. In 1359 the phemia Ross, a daughter of the earl of Ross, by whom he earldom of Strathearn was conferred upon him by the king. had two more sons and four daughters, also all born when When David, in 1363, astonished the nation by proposing he came to the crown. Thus circumstanced, in 1371, imto a parliament, held at Scone, that in the event of his dying mediately after his accession, he got the states to pass an without issue, Lionel, duke of Clarence, son of Edward III., act recognising John, earl of Carrick, his eldest son by Elizashould be chosen king, the Stewart, whose interests, as well beth Mure, as his successor; and, still better to secure the as his patriotic prejudices, this project so nearly touched, rights of his first family, he procured, in 1373, another act was one of the foremost of those who adopted instant mea-expressly entailing the crown upon his heirs male of both sures to defeat it. He entered into an association with the families, and after them upon his heirs whatsoever. It is earls of March and Douglas, and with his own sons, and he obvious that, whatever might be the force of this parliaeven appears to have taken up arms with the avowed deter: mentary settlement in securing the crown to Robert's heirs mination of driving the king from ihe throne, if he persisted male by the sons of Elizabeth Mure, who were named in it, in his purpose.
David however found means, without as soon as such heirs failed, the question would legally making any formal concession, to put down this threatened arise, who were his heirs whatsoever, or general: and if the resistance; and, upon a general amnesty being granted, papal legitimization of the first family should be set aside, the Stewart, on the 14th of May, 1363, renewed his oath of then bis heir whatsoever would have to be looked for among fealty, and entered into a bond to abstain from all such con. the descendants of one of his sons or daughters by Eupbe