Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
In old times the country swarmed with courts of inferior jurisdiction,
each, however, with the power of hanging thieves. There is a satirical
story telling how a man who had suffered shipwreck scrambled up a cliff,
and, seeing a gallows, fell on his knees, and thanked God that he found
himself in a Christian country. In the England of the thirteenth century
he would not have had to travel far into the interior to find this mark
of Christian civilisation. The right to erect a gallows was frequently
granted, and perhaps even more frequently assumed without legal right.
In the grants of franchises to monasteries we find, together with
the concession of assize of bread and beer, and judgment of fire and
water—together with these we find franchise of “swa full and swa forth,”
&c., of sac and soc, tol and theam, flem and fleth, blodwith, grithbrith,
flemensferd, infangethef and utfangethef. And among such franchises,
some of which are a puzzle to the learned, we find a franchise easily
understood, of “furca et fossa,” of gallows and pit, gallows for men,
pit, full of water, for women.[2] All these numerous franchises were
rights of the crown—jura regalia—often granted to monasteries and to
individuals. In a record of which more will have to be said, we read that
at the end of the thirteenth century there were no fewer than fifteen
gallows in the hundred of Newbury alone, mostly belonging to religious.
Among them we find one belonging to a prioress, a not uncommon case.
It is distressing to think that Chaucer’s tender-hearted prioress, who
“wolde weepe if that sche sawe a mous caught in a trappe, if it were deed
or bledde,” had a gallows on which—by the hands of her bailiff—she hanged
thieves. There is little doubt that she had her gallows.
Public-domain text, read in full here on John Shaqi.
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