The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
Appendant to this soken were various rights and privileges. Fitzwalter
might choose from the sokemanry, or inhabitants of the soken, a Sokeman
_par excellence_; and if any of the sokemanry was impleaded in the
Guildhall on any matter not touching the body of the Mayor or any of the
Sheriffs for the time being, the Sokeman might demand the court of
Fitzwalter. But while the Mayor and Citizens had to allow him to hold
his court, his sentence was expected to coincide with that of the
Guildhall. He exercised, indeed, a co-ordinate rather than an appellate
jurisdiction, as may be shown in the following manner:
Suppose that a thief had been taken in the soken, stocks and a prison
were in readiness for him; and he was thence carried before the Mayor to
receive his sentence, but not until he had been conveyed to Fitzwalter's
court and within his franchise. The nature of the sentence, to which the
latter's assent was required, varied with the gravity of the offence. If
the person were condemned for simple larceny, he was conducted to the
Elms, near Smithfield--the usual place of execution before Tyburn was
adopted for the purpose--and there "suffered his judgment," i.e., was
hanged like other common thieves. If, on the other hand, the theft was
associated with treason, the crime, it was considered, called for more
exemplary punishment, and the felon was bound to a pillar in the Thames
at Wood-wharf, to which watermen fastened their boats or barges, there
to remain during two successive floods and ebbs of the tide.
So important a franchise in the City was in itself a high honour, and it
carried other distinctions with it. The Fitzwalter of the day, when the
Mayor was minded to hold a Great Council, was invited to attend, and be
a member of it; and on his arrival, the Mayor or his deputy was required
to rise and appoint him a place by his side. During the time he was at
the hustings, all judgments were pronounced by his mouth, and such waifs
as might accrue whilst he was there were presented by him to the
bailiffs of the City or to whomsoever he pleased, by the advice of the
Mayor.
Such is the story as we find it in the pages of Blount, in which it
appears apropos of nothing--merely as an instance of curious and
picturesque usages which had long ceased to exist. Blount, as we have
seen, gives as his authority Sir William Dugdale, who alludes to the
subject in his "Extinct Baronage of England," and Dugdale seems to have
owed the information to the "Collection of Glover, Somerset Herald."
Stow also knew of the "services and franchises," and it is thought that
he had seen a copy of them in the "Liber Custumarum." The latter is
accessible in print in Riley's edition of the "Munimenta Gildhallae
Londiniensis," and corresponds in all or most respects with what we have
found in Blount.
So much for the antecedents of the story.
Public-domain text, read in full here on John Shaqi.
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