Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
Another instance. In 1290 Bogo de Knowill, the king’s bailiff of
Montgomery, complained to our lord the king that Edmund Mortimer had laid
hands upon a king’s man who had committed murder, had imprisoned him, in
spite of the bailiff’s demands, had refused to give him up, had tried
him in his own court, and hanged him, to the hurt of the franchise of
the town of Montgomery, and against the crown and its dignity, etc. The
king declared that Mortimer had forfeited his franchise of Wygemore, but
agreed to restore it on payment of a fine. But, in addition, Mortimer
must hand over to Bogo, the bailiff, an effigy, in the name and place of
the man who had been hanged, the bailiff to hang the effigy, and to let
it hang as long as may be. After a while, Mortimer complained that the
bailiff unjustly retained the franchise in the king’s hand. Whereunto
Bogo replied that the effigy had not been handed over to him, wherefore
he held the franchise aforesaid until, etc. And the king ordered that the
franchise should be held till the effigy should be handed over. This is
the last heard of Bogo, Mortimer, and the effigy.[18]
In such cases more was touched than the dignity of the lord of the
franchise. The concession of a franchise to hang generally included the
right to “catalla felonum,” the goods of felons and of fugitives. “These
courts,” says Sir James Fitzjames Stephen, “were a regular source of
income to the lord of the franchise.” Irregularities and tyrannies of
these petty courts, quarrelling over the right to imprison and hang, may
be assumed: we understand how it was that in popular risings the lawyers
were always singled out for vengeance.
How to execute? Even in regard to the way of mere hanging, the problem
presented difficulties. In France, a rigid etiquette guarded the method
of hanging. A franchise might give the right to hang upon trees only.[19]
Some gallows had two pillars, some three, four, six, eight, according to
the rank of the person erecting the gallows.[20] These nice distinctions
are not to be discovered in English customs. There are, however, traces
of strange practices. Four several bailiffs took part in the execution
of a man hanged on the gallows of the prior of Spalding. The bailiff of
Spalding brought the man to the gallows, the bailiff of Weston brought
the ladder to the gallows, the bailiff of Pyncebecke found the rope, the
rest was done by the bailiff of Multon.[21]
Public-domain text, read in full here on John Shaqi.
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