Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
In 1281 was issued, according to the annals of Waverley, a mandate
“called by the people Quo Waranto, directed to certain justices, for
inquiring respecting lands, tenements, rents, alleged to be alienated
from the king, as well as regarding franchises held from him: by reason
of which mandate archbishops, bishops, abbats, priors, earls, barons, and
others holding franchises, as well religious as others, were subjected to
trouble and expense, although the king got little profit thereby.”[12]
The statements found in the presentments of jurors in the Rotuli
Hundredorum are, as might be surmised, somewhat in the nature of hearsay.
They have not the value, as material for investigating the social
condition of the time, of the more formal charges contained in the
Placita de Quo Waranto. Thus we find, in the Rotuli Hundredorum, that the
abbat of Westminster was presented by the jurors of three several wards
of the City of London as having gallows at Tyburn: in other cases gallows
are mentioned as erected by the abbat in Middlesex, two places only
being specified. But when we come to the Placita de Quo Waranto, we find
that the abbat had gallows in fifteen places in Middlesex in addition to
one in the ville of Westminster. These places were, Eye (a district of
Westminster), Teddington, Knightsbridge, Greenford, Chelsea, Brentford,
Paddington, Iveney, Laleham, Hampstead, Ecclesford, Staines, Halliford,
Westbourne, and Shepperton.[13]
This inquisition is not to be confounded with another, singularly called
“Trailbaston,” relating to criminal matters, as the other related to
civil affairs. “Trailbaston,” which may be rendered “Bludgeon-men,” has
sometimes been supposed to be so called from the justices themselves; but
it is more probable that, as we find the word in the earliest mention of
the subject, the bludgeon-men were those against whom operations were
directed, just as we might to-day speak of a “hooligan Act” if an Act
were specially devoted to these gentry.
The first official mention of Trailbaston is found in Rotuli
Parliamentorum, under date 1305, when it already bore the nickname
“Ordination de Trailbastons.” Justices were then assigned to inquire
as to murders and felonies committed during the last eight years. In
1306 the inquisition, as would seem, had not got to work, as the king
ordered that if the justices assigned are not sufficient for the duty, “a
parfaire les busoignes qe touchent les pledz de Traillebaston,” more are
to be assigned to the work. Five days later he sent a list of twenty-one
justices, and the thirty-eight counties allotted to them severally. The
inquisition of Trailbaston was found to work mainly as a great engine of
oppression. In 1377 the Commons petitioned that there may be no manner of
Trailbaston held in the realm during the war nor for twenty years. It is
alleged that both civil and criminal inquisitions had for object to bring
money into the exchequer by means of fines.[14]
Public-domain text, read in full here on John Shaqi.
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