book iii

. Second Treatise, chap. i.

[7] “Subito enim et sine certa causa, quasi lymphatico metu correpti, de villa in villam cum cornuum strepitu, quod Anglice Uthes dicitur, fere per totam Angliam deduxerunt” (“Hist. Coll. of Walter of Coventry,” ed. Stubbs, ii. 206).

[8] “Hist. of the Norman Conquest,” ii. 34.

[9] “De sorte qu’on a long-temps douté si un ecclésiastique pouvoit, sans hazard d’irrégularité, faire exercer Justice de sang en sa terre; estant chose étrange qu’on puisse commettre à autruy, ce qu’on ne peut faire soi-mesme” (Loyseau, Œuvres, ed. 1701, p. 4).

[10] Placita de Quo Waranto, p. 479.

[11] Chron. William of Malmesbury, ed. Stubbs, i. 171.

An interesting story is told of the rescue by a bishop of a man in the year 1184. One, Gilbert Plumpton, actually had the rope round his neck when the bishop passed by. He ordered the executioners to let the man down, alleging that the day was Sunday, and besides the feast of St. Mary Magdalene. But he had heard the people crying out that Plumpton was innocent, and he believed them. On threat of excommunication the executioners loosed the rope. The bishop prevailed with the king to spare Plumpton’s life. Plumpton remained in prison till the death of the king (Chron. Roger de Hoveden, ed. Stubbs, ii. 286).

[12] Annales de Waverleia (in Annales Monastici), ed. Luard, ii. 395. Waverley Abbey, which, by the way, has nothing to do with Scott’s “Waverley,” was founded in 1218, being the first Cistercian Abbey in England. The abbey is, of course, in ruins, but the abbat’s mill still exists, and the place retains more of the character of a monastery than any I have seen. Cobbett, who was born at Farnham, not far distant, speaks of the ruins, which probably inspired one of the best passages in his writing. (“Hist. of the Protestant Reformation,” pars. 184, 155.) In one of the abbey’s charters mention is made of the oak of Tilford as existing in the time of Stephen. It is to-day one of the sights of this part of Surrey.

[13] Rot. Hund., i. 407, 417, 418, 422, 425, 429; Plac. de Quo War., pp. 478, 480.

[14] Spelman, “Glossarium,” _s.v._ Trailbaston. Rot. Parl. i. 178, 218-9; ii. 174; iii. 24.

[15] Annals of Tewkesbury, in Annal. Monas., ed. Luard i. 511-6.

[16] Dugdale, Monast. Anglic., ed. in 8 vols., vi. 240.

[17] Annals of Dunstable, in Annal. Monast., ed. Luard, iii. 261.

[18] Rot. Parl., i. 45.

[19] Ducange, “Glossarium,” _s.v._ Furca.

[20] Loyseau, “Traité des Seigneuries,” ed. 1610, p. 46.

[21] Camden’s “Britannia,” ed. Gough, 1789, ii. 238.

[22] Thorpe, “Ancient Laws and Inst. of England,” fo. ed., p. 125.

[23] Chron. Roger de Hoveden, ed. Stubbs, iii. 36.

[24] Borough Customs (Selden Soc.), pp. 73, 74.

[25] Boys’ “Hist. of Sandwich,” p. 465.

[26] Liber Custumarum, ed. Riley. i. 150.

[27] Harrison, in Holinshed’s Chron. An instance is recorded in Machyn’s Diary: “1557. The vj day of Aprell was hangyd at the low-water marke at Wapyng be-yond santt Katheryns vij for robyng on the see,” p. 131. According to Hentzner, who visited England about 1598, 300 pirates were hanged yearly in London.

[28] Borough Customs (Selden Soc.), pp. 73, 74.

[29] Fortescue, “De Laudibus Legum Angliæ, with the Summs of Sir Ralph de Hengham.” Notes by Selden, 1741, p. 33, _note_.

[30] Borough Customs (Selden Soc.), pp. 73, 74.

[31] The Act making poisoning high treason was repealed by 1 Edward VI., c. 12, sec. 12, which made poisoning wilful murder, to be punished as murder. Harrison was therefore mistaken in writing of the punishment as if it still existed. Curiously enough Bacon, on the trial of the Earl of Somerset, eulogised Henry’s Act, without hinting at its repeal.

[32] “The Christian Prudence of this Customary Law” is defended in a little work, “Hallifax and its Gibbet-Law Placed in a True Light,” 1708, containing an illustration copied in Gough’s edition of Camden’s “Britannia,” and in the enlarged “Magna Britannia,” ed. 1731, vi. 384. In “Hallifax and its Gibbet-Law” it is stated, with every appearance of probability, that the custom goes back to a date before the Norman Conquest. It appears that the last persons executed were Abraham Wilkinson and Anthony Mitchell in 1650 for stealing 9 yards of cloth and two colts.

[33] Thorpe, “Anc. Laws and Inst. of England,” fo. ed., p. 252.

[34] Chron. Benedict of Peterborough, ed. Stubbs, i. 122-3.

[35] “Gleanings from Westminster Abbey” (Sir Gilbert Scott), 1863, pp. 282-90, where the original authorities are mentioned.

[36] Chrons. of the Reigns of Edward I. and Edward II., ed. Stubbs, i. 132.

[37] “Historical Memorials of Westminster Abbey,” 1868, pp. 384-5.

[38] Chron. Walter of Coventry, ed. Stubbs, ii. 251-2; Gregory’s Chron. (Camden Socy.), p. 63; Chron. Grey Friars, in Mon. Francisc., ed. Howlett, ii. 146; Capgrave, ed. Hingeston, p. 151. Coggeshall, Chron. Angl., ed. Stevenson, p. 11.

[39] “Tractus” is the usual form; for the other forms see, for example, Chron. Angliæ, ed. Thompson, p. 2; Chron. Barth. Cotton, ed. Luard, pp. 132, 159, 164, 166.

[40] See illustration in Annals, under year 1242.

[41] Annals, under year 1196.

[42] “Et super corium bovinum tractus, ne concito moreretur” (Annales de Vigornia, in Annales Monastici, ed. Luard, iv. 523).

[43] “Liber Assisarum, Le Livre des Assises et Pleas del’ Corone,” &c. Sir Robert Brook, 1679. This sentence contains the first mention of the hurdle in this connection. In the Popish Plot sentences “sledge” and “hurdle” are used indifferently as names for the same thing.

[44] Chronicles: Waverley, ed. Luard, ii. 378; Flores Hist. ed. Luard, iii. 24-6; Osney (in Annales Monastici, ed. Luard, iv. 251); Cotton, ed. Luard, p. 148; an account unfavourable to the prior is found in Liber de Antiq. Leg., Riley’s translation, pp. 150-3.

[45] Matthew Paris, Chron. Majora, ed. Luard, iii. 497, 498.

[46] Chrons. Osney, Worcester, in Annales Monas. ed. Luard, iv. 294, 488. Between the executions for high treason of Prince David and Sir William Wallace, comes that, in 1295, of Sir Thomas de Turberville. His crime was undoubtedly high treason, but the punishment was abnormal; he was drawn to the gallows, and there hanged, no doubt alive, by a chain of iron. See Annals, under the year. A passage in “Fleta,” written about 1285, seems to indicate that at the time the character of the punishment was not rigorously fixed: “If he is found guilty, he shall undergo the last punishment (ultimum supplicium) with aggravation of the corporeal penalty” (