16 



Facts relating to Marlborough. 



I. Hanging. 



In anoient times this was practised in Wiltshire on a much more 

 rxtoiidcd scale than at present. Lord Chief Baron Comyns, who 

 diod in tlx 1 year 1710, in his digest of the Laws of England, a I 

 work of high legal authority " Tit. Tumbrel," (A), says," A man 

 may have a pillory, tumbrel, furcas (gallows), by grant or presciip- 

 tion, which is ancient usage from which a lost grant is presumed." 



In the 3rd year of Edward 1st (1275), commissions were issued 

 by the king into the various counties of England directing the 

 Commissioners 4o summon a Jury for each hundred who were to 

 find on their oaths what private individuals habent /areas, and at or 

 for what places they existed. 1 



From the presentments of these Juries I have prepared a List of 

 these private hanging establishments in the County of Wilts, with 

 the names of the Lords, Ladies, and Gentlemen who had them, and 

 no doubt exercised the right of using them, as in each instance * 

 the Jury find on their oaths that the individual habet furcas {has a 

 gallows) and not merely that he or she claims the right of having 

 one. 



The following is a List of the places in the County of Wilts, at 

 or for which there was a gallows in 1275, and the name of the Lord, 

 Lady, or Gentleman who was the owner of it. 



Extracted from the Hundred Rolls published by the Record 

 Commissioners in the year 1818 (Vol. 2, p. 230, et seq :) 



Place at or for which used. 



Lord, Lady, or Gentleman, who was 

 the owner. 



Borough of Marlborough. 





For this Borough. 



The Q,ueen Dowager. 



Hundred de Alwarbyr. 





Alwarbur. 



John Giffard. 



Hundred de Blahegrave. 





Netherstone. 



Prior of St. Swithin Winton. 



Elecumbe. 



John Lovel. 



Wotton. 



Earl Marshal. 



Alta Swindune. 



Wm. de Valence. 



1 The Commissioners for Wiltshire were William de Braybeof (afterwards one 

 of the Justices in Eyre) and William Gereberd. 



