Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
One begins to understand the fury with which robbers and thieves
were pursued. Mr. Freeman says most justly, “In our settled times we
hardly understand how rigour, often barbarous rigour, against thieves
and murderers, should have been looked on as the first merit of a
governor, one which was always enough to cover a multitude of sins.”[8]
To the same cause we may, no doubt, ascribe the singular fact that
ecclesiastics, forbidden to shed blood, yet hanged men by the hands of
their bailiffs.[9] An abbat, for example, had two parts to fulfil. As an
ecclesiastic he gave shelter to thieves, as lord of the manor he hanged
them. The abbat of Westminster had his servants waiting in Thieving Lane
to show thieves the way to sanctuary: on the other hand, he had sixteen
gallows in Middlesex alone.[10] The contradiction is placed in the
strongest light by the charter of Glastonbury, granted by Edgar (A.D.
958-975). The charter concedes “infangethef and utfangethef,” the right
to try and assuredly to hang thieves. But the very same charter grants
that, if anywhere in the kingdom, the abbat or one of his monks should
meet a thief being taken to the gallows, or otherwise in danger of his
life, he could stay the execution of the sentence.[11]
The insight into the state of the country in the late thirteenth
century, given by the two publications of the Records Commission, Rotuli
Hundredorum, and Placita de Quo Waranto, is so valuable that it may be
permitted to glance at them. The preliminary to the first of these is
the Act of the fourth of Edward I. (1276), the statute for assigning
justices to the work. The statute, called “Rageman,” a term of doubtful
etymology, enacted that justices should go through the land inquiring
into, hearing, and determining all complaints and suits for trespasses
within twenty-five years last past, as well by the king’s bailiffs as by
all other persons whomsoever. These commissioners did their work with
a thoroughness amazing when we consider the difficulty of travel in
the times. The results are recorded in the Rotuli Hundredorum. On the
evidence furnished by the Rotuli Hundredorum was passed the statute of
Gloucester, in the sixth of Edward I. (1278). This Act put the burden
of proof of lawful claim to franchises on the persons exercising them.
The statute enacts that whereas prelates, earls, barons, and others of
the kingdom claim to have divers franchises, persons may continue to
exercise these franchises without prejudice to the king’s rights until
the next coming of the king into the county, or the next coming of the
justices in Eyre, or until the king otherwise order. The sheriffs are to
make proclamation that all who claim to have any franchise by charter or
otherwise shall come at a certain day to a place assigned, to state what
franchises they claim and by what title.
Public-domain text, read in full here on John Shaqi.
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