in the Middle Ages. 67 The Custumals of all the Cinque Ports at least such of the earlier ones as have come down to us distinctly describe the punishment of drowning. That of Pevensey directs that the criminal, if of the franchise, shall be precipitated into the sea at high-water ; but, if of the geldable, he is to be hung in a place called the Wahstrew.* The Custumal of Dover says, " All they that suffer death shall be led to a cliff called Sharpness ; and, if he be attaint at the suit of the party, the appellor shall put him to execution; and if he be attaint of the King, the Bailiff shall do it." b The convict was therefore precipitated from the cliff into the sea, a perilous duty in the case of an obstinate and resolute felon. This mode of execution is termed by Ralph de Hengham Infalistatio. c At Hastings and at Winchelsca drowning appears to have been the sole mode of capital punishment. 11 Harrison, in his "Description of Britain," enumerates the following among other punishments which once obtained in this country : " Such as havinge wals and bankes neare the sea, and doe suffer the same to decaie, after con- qui vocatur le Thiefdounes ; et est area ipsa communitatis propria qualitercunque fuerit per alios appropriata. Boys' History of Sandwich, p. 465.
- Et si cely qest dampne soit de la Franchise, il sera amcne au pount de la ville a la pleigne meer, et outr
le pount botu en le havene: et sil soit del Geldable, sera suspenduz deyns la Lewe en certain lui appelle le Wahstrew [cwealmstow ?]. Custumal of Pevensey. Sussex Arch. Collections, vol. iv. p 213. b Lyon's Hist, of Dover, p. 272. c Infalistatio. This word is found in a curious passage in the Summa Parva of Halph de Hengham, ch. iii Commisit feloniam, ob quam fuit suspensus, utlagatus, vel alio modo mortis damnatus, vel demembratus, vel apud Dovere Infalistatus, vel apud Southampton submersus, &c. The learned Selden (who in some degree misunderstood the meaning of falaise, which really signifies the cliff,) observes on this: " It appears that several customs of places made in those days capital punishments several. But what is infalistatus ? In regard it is of a custom used in a port town, I suppose it was made out of the French word falaise, which is, fine sand by the water side ; or, a bank of the sea ; in this sand, or bank, it seems their execution at Dover was. In this place, the copies vary, no one having all the punishments, but for the rarity of the remembrance, I took out of divers copies all these. The old English translation here helped not." Notes on Hengham's Summa, Works, iii. pt. ii. p. 1926. We have followed Selden in the use of Infalistatio, but, among the numerous MSS. of the Summa in the British Museum, are some in which the derivation is more obvious. Ducange, v. Infalistatio, says, " Ubi Editor ac Interpres vocem a Falaisiis, seu n in rin is aggeribus deducit quod apud Dubrenses felones in Falaisiis extreme supplicio afficerentur : quo casu legendam esset Infalisiatus." A suggestion supported by the MSS. in question, some of which have phalizatus, infalisatus, and infalesatus, while others have the word in a more corrupt form. Scarcely two of the MSS. agree. In one of them Winchelsea is substituted for Southampton. d Omnes autem condempnati in isto casu jactari debent ultra quoddam Clued' vocatum Stordisdale ex parte occidental! villas versus Bolewarhethe. Usages de Hastynges, 1 357. For the inspection of a transcript of this Custumal, my acknowledgments are due to Mr. W. Durrani Cooper. VOL. XXXVIII. I
