Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
To return to the subject of the multiplicity of courts. It is to be
supposed that, in the circumstances, there were frequently conflicts
between courts as to their respective jurisdiction. Of this conflict
we find curious instances in the chronicles. Thus, in 1249, a thief was
caught on the land of the abbat of Tewkesbury, but was suffered by the
abbat’s bailiffs to be taken to the court of the Earl of Gloucester.
After trial by this court the thief was hanged. On learning this, the
abbat was greatly incensed, seeing that the franchise of his church
had been invaded. Shortly after another case arose. John Milksop stole
thirty-one pence from Walter Wymund, of Bristol. As soon as Walter
discovered his loss, he raised the hue and cry, followed Milksop, traced
him to a wood, captured him, and brought him into the abbat’s court. The
earl’s bailiff protested: the abbat complained to the earl, who ordered
inquiry. As nothing came of this, a second order was issued, and twelve
persons were chosen to investigate the question. The abbat, finding the
inquiry going against him, protested against the manner of proceeding,
and went in person to the earl, then at some distance. The earl suggested
that the abbat should keep the accused in prison till the earl’s return
home. The abbat objected that he had neither castle nor prison in which
to keep the man for so long a time. Then the earl ordered a fresh inquiry
to be made against his return, the abbat meanwhile to try the man in
his own court, and to hang him on the earl’s gallows. Milksop was tried
accordingly, could make no good defence, and was hanged. The chronicle
does not tell the end of the dispute.[15]
In the twelfth century the district near Dunstable, where Watling Street
meets Icknield Street, was so infested by robbers that hardly could “a
lawful man” pass that way. The chronicler, whose etymology is not above
suspicion, states that Dunstable came by its name from one Dunning, a
famous robber who haunted the region. Henry I., towards the end of his
reign—say about 1130—founded Dunstable Priory, making over to it all his
rights, including a free gallows for hanging thieves outside the town of
Dunstable, in a place called Edescote.[16] The prior’s right was clear;
nevertheless, in 1274, Eudo la Suche threw down the prior’s gallows and
put up his own.[17]
Public-domain text, read in full here on John Shaqi.
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