Taking heads

The other interesting case at Rhuddlan, heard before the king on 14 February 1283, concerned the death of a man in Ireland. This was a certain O'Donald, whose head had been brought to the Exchequer at Dublin by one Thomas Mandeville. 

The custom of head-taking was a commonplace way of dealing with outlaws - 'wolfsheads' - in Ireland and Wales. In Ireland it was a part of the legal system, and often led to squabbles over money. For instance, in 1282 the Earl Marshal complained that the Justice of Ireland had fined him 100 marks for the beheading of Art Mac Murrough. This was against the local custom, since the head had not yet been 'proclaimed' with the consent of the earl or his freemen. 

In the case of 14 February, Edward I ordered that Mandeville should be paid his fee. This was the standard bounty for bringing the heads of outlaws and felons before the local justices. O'Donald's offence is not recorded, sadly. It should be noted that outlaws had no legal rights or protection whatsoever. Anyone could kill them, in any way, without fear of censure. This explains the fate of Prince Llywelyn ap Gruffudd of Wales, lured to his death in a way that would have otherwise been seen as dishonourable. 

It also explains why Sir William Wallace got no formal trial at Westminster, after his capture in August 1305. Wallace had been outlawed by the Scottish parliament at St Andrews in February, and outlaws were not entitled to a trial. It might be argued that Edward I forced the Scots to condemn Wallace. However, when he threatened to do the same to James the Steward, an important nobleman, the Scottish lords closed ranks and persuaded Edward to change his mind. They did so because the Steward was one of 'them', a member of the elite club. Wallace was not.