CHAPTER VIII.

OLD PAINS AND PENALTIES--FROM THE STOCKS TO THE GALLOWS.

All the old punishments, from the Ducking Stool to the Stocks,

proceeded upon the appeal to the moral sense of the community, and up

to the middle, or probably nearer to the end of last century, the

summary punishment of offenders took place, both in village and town,

in the most public manner possible. Near the Old Prison House,

standing a little eastward of the summit of the Cave, in Melbourn

Street, which did duty for both civil parishes of Herts. and Cambs.,

stood the Royston pillory and also the stocks, but towards the end of

the century the pillory disappeared, and stocks had to be set up in

each parish. I can find no record of any actual punishments by the

Melbourn Street pillory, but one of the last cases of punishment by

pillory took place at Hertford, and was witnessed by Mr. Henry Fordham.

Closely connected with, and as a part of the stocks was the whipping

post, and this was very freely used until about 1800. In 1804 a

prisoner was sentenced at Ely to be publicly whipped, besides

imprisonment. In 1786, I find that George Rose was brought from

Cambridge to Royston and whipped at the stocks. What his offence was

is not stated, but that whipping was no trifle may be inferred from the

following laconic entry in the Royston parish books:---

"Relieved William C----, his back being sore after whipping him."

The offender had his wrists put through the rings on the upright posts

of the stocks, which formed the whipping posts, and in this position he

was flogged on his naked back "till his body was bloody." Vagrants had

no small share of this kind of punishment. The following entry occurs

in the Barkway parish papers:--

Hertfordshire to Witt.

To the Keeper of the House of correction at Buntingford.

This is to require you to Whip Elizabeth Matthewson upon her

naked Body, and for so doing this shall be your warrant.

G. Jennings.

In 1798 an item in the accounts for the same parish is charged for "the

new iron for the whipping post."

{84} The stocks for Royston, Cambs., stood in the middle of the broad

part of Kneesworth Street, nearly opposite the yard entrance of King

James' Palace, and just in front of some dilapidated cottages then

occupying the site of Mr. J. R. Farrow's shop. Here they remained as a

warning to evil doers till about 1830 or 1840. In Royston, Herts.,

after the abolition of the central prison-house in Melbourn Street, a

cage was erected with stocks attached on the Market Hill, on the east

side nearly opposite the Green Man, but they were removed at a later

date to the Fish-hill, when an addition was made to the west side of

the Parish-room, for the purpose, where the fire engines are now

placed. An estimate in the parish books for the erection of a cage and

stocks in Royston, Herts., at a cost of L10, in the year 1793, may

perhaps fix the date at which each parish provided its own means of

punishment of wrong-doers.

Though drunkenness was a vice infinitely more prevalent than it is

to-day, it was not because local authorities did not at least show the

form of their authority, but simply because they had no very efficient

police system to back it up. It was customary for instance for the

publican to have a table of penalties against "tippling" actually

posted up in his licensed house, so that both he and his customers

might see what might be the consequences, but as they often could not

read they were probably not much the wiser, except for a common idea

that the Parish Stocks stood outside on the village green, or in the

town street. The common penalty for tipplers continuing to drink in an

alehouse, was that such persons should forfeit 3s. 4d. for the use of

the Poor, and if not paid to be committed to the stocks for the space

of four hours; for being found drunk 5s., or six hours in the stocks.

As to swearing, a labourer was liable to be fined 1s. for every oath, a

person under the degree of a gentleman 2s., and for a gentleman 5s.

In times of disturbance, as at village feasts, it was no uncommon thing

to see the stocks full of disorderly persons--that is, with two or

three at once--and occasionally the constable's zeal in the use of this

simple remedy outran his discretion. At the Herts. Assizes in 1779,

before Sir Wm. Blackstone, a Baldock shoemaker, named Daniel Dunton,

obtained a verdict and L10 damages against the chief and petty

constable of Baldock for illegally putting him in the stocks.

There was, of course, an odd and comic side about the stocks as an

instrument of punishment, which cannot belong to modern methods. An

instance of this was brought home to the writer in the necessary

efforts at ransacking old men's memories for the purpose of some parts

of these Glimpses of the past. I was, for instance, inquiring of an

old resident of one of our villages as to what he remembered, and

ventured to ask him, in the presence of one or two other inhabitants,

the innocent question--"I suppose you have seen men put in the stocks

in your {85} time!" but before the old man could well answer, a younger

man present interposed, with a merry twinkle of the eye--"Yes, I'll be

bound he has, he's been in hi'self!" I am bound to say that, from the

frank manner in which my informant proceeded to speak of persons who

had been in the stocks, the younger man's interruption was only a joke,

but it taught me to be cautious in framing questions about the past to

be addressed to the living, lest I should tread upon some old corns!

There was this virtue about the Parish Stocks, that it was a wholesome

correction always ready. It was not necessary to caution a man as to

what he might say, before clapping him in the stocks. Nor was much

formality needed--he was drunk, quarrelling, fighting, or brawling, it

was enough; and the man who could not stand was provided with a seat at

the expense of the parish. Indeed, I am told that in one parish, near

Royston, a farmer, who was himself generally in the same condition,

finding one of his men drunk, would remark that one drunken man was

enough on a farm, and would bundle the other drunkard off to the stocks

without the least respect for, or care about, informing a magistrate

thereof!

The Parish Stocks were, as may be supposed, sometimes tampered with,

and became the medium of practical jokes, of which, perhaps, the best

story on record is that of a Chief Justice in the stocks. The story is

as follows:--

Lord Camden, when Chief Justice, was on a visit to Lord Dacre, his

brother-in-law, at Alely in Essex, and had walked out with a gentleman

to the hill where, on the summit by the roadside, were the Parish

Stocks. He sat down upon them, and asked his companion to open them,

as he had an inclination to know what the punishment was. This being

done the gentleman took a book from his pocket and sauntered on until

he forgot the Judge and his situation, and returned to Lord Dacre. The

learned Judge was soon tired of his situation, but found himself

unequal to open the stocks! He asked a countryman passing by to assist

him in obtaining his liberty, who said "No, old gentleman, you were not

placed there for nothing"--and left him until he was released by some

of the servants who were accidentally going that way! Not long after

he presided at a trial in which a charge was brought against a

magistrate for false imprisonment and setting the plaintiff in the

stocks. The counsel for the defendant made light of the charge and

particularly of setting in the stocks, which, he said, everybody knew,

was no punishment at all! The Lord Chief Justice rose, and, leaning

over the Bench, said, in a half whisper--"Brother, were you ever in the

stocks?" The Barrister replied, "Really, my Lord, never."--"Then, I

have been," rejoined his Lordship, "and I do assure you, brother, it is

not such a trifle as you represent!"

{86}

One cannot refrain from expressing a lingering sense of regret over the

last of its kind, whether of the last of the Mohicans, or the last

minstrel. The parish of Meldreth, I relieve, stands alone in the

Cambridgeshire side of the Royston district as still possessing the

visible framework of its old Parish Stocks, thanks to the commendable

interest taken in the preservation of old time memorials by Mr. George

Sandys, of Royston, by whom the Meldreth Stocks were some time ago

"restored," or, rather, the original pieces were brought more securely

together into one visible whole. The parish of Meldreth, too, affords,

I believe, one of the latest, if not the latest, instances of placing a

person in the stocks, when, some forty or fifty years ago, a man was

"stocked" for brawling in Church or some such misbehaviour. These

stocks, when they were renovated by Mr. Sandys, had lost the upper part

which completed the process of fastening an offender in them, but such

as they then were will be seen in the illustration on the opposite

page, which is reproduced from an excellent photograph taken by Mr. F.

R. Hinkins, of Royston. The original upper part has since been found

and placed in position by Mr. A. Jarman, of Meldreth.

[Illustration: THE OLD PARISH STOCKS AT MELDRETH.]

Some other things deserve to be mentioned as old penalties besides

actual punishment for crimes. One of these was the penalty for _felo

de se_, so well described by Hood in his punning verses on Faithless

Nelly Gray and Ben Battle, the soldier bold, who hung himself, and--

A dozen men sat on his corpse,

To find out how he died;

And they buried Ben at four cross-roads,

With a stake in his inside.

In 1779, John Stanford, who hung himself at the Red Lion, Kneesworth,

was found to be a _felo de se_, and was "ordered to be buried in a

cross-road."

In 1765, the coroner's inquest who sat upon the body of one, Howard, a

schoolmaster of Litlington, who, "after shooting Mr. Whedd, of

Fowlmere, cut his own throat," found a verdict of _felo de se_, upon

which he was ordered to be buried in the high cross-way, but whether a

stake was placed through the body, either in this or the Kneesworth

case, is not stated. The custom of burying a _felo de se_ at four

cross-roads continued long after the barbarous and senseless indignity

of driving a stake through the body was discontinued, and persons still

living remember burials at such spots as the entrance to Melbourn, and

at similar spots in other villages. Another penal order was for the

body to be "anatomised" after execution, as in the case of a man named

Stickwood for murdering Andrew Nunn, at Fowlmere, in 1775.

Sometimes as an alternative penalty for crimes was the system of

enlistment for the Army and Navy, with which may be coupled the

high-handed proceedings of the "Press-gang." The Press-gang {88} was

practically a recognised part of the machinery of the State. The law,

as to recruiting, sanctioned what would now be considered most

tyrannical proceedings; justices of the peace were directed to make "a

speedy and effectual levy of such able-bodied men as are not younger

than seventeen nor more than forty-five, nor Papists." The means for

enforcing this, not only along river-sides, but often in inland country

villages, was often brutal, and led to determined resistance and

sometimes loss of life. There is a story in Cornwall of a bevy of

girls dressing themselves up as sailors, and acting the part of the

Press-gang so well that they actually put their own sweethearts to

flight from the quarries in which they were working!

The dread of compulsory service was so great that the lot might fall

upon men to whom the name of war was a terror. One case of this kind

occurred in a village near Royston in which two men were drawn to

proceed to Ireland for service, and one of them actually died of the

shock and fright and sudden wrench from old associations, after

reaching Liverpool on his way to Ireland!

On the subject of pressing for the services, the following

characteristic entry occurs in the Royston parish books for the year

1790:--

"Ordered that the Wife of March Brown be permitted to leave the House

as she says her husband is Pressed and gone to sea, and that she came

to the parish for a few clothes only, as she can get her living in

London by earning two shillings a Day by making Breeches for Rag fair."

Though the stocks and the gallows may seem a long way apart, yet they

were really very near in the degrees of crime which linked them, and

what now would appear a minor offence, had inevitably linked with it

the "awful sentence of the law."

At the Bury St. Edmunds Assizes, in 1790, 14 persons received sentence

of death. The extraordinary number of persons who were hung as the

Assizes came round will be best understood by some figures of death

sentences for the March Assizes, 1792:--Hertford 2, Cambs. 4, Bedford

4, Northampton 5, Chelmsford 4, Oxford 2, Thetford 2, Bury 6, York 17,

Exeter 16, East Grinstead 3, Derby 2, Nottingham 2, Leicester 2,

Gloucester 6, Taunton 3, Kingston 12. At one only of the above Assizes

the number of prisoners of all kinds for trial was 85. In June, 1785,

twenty-five persons were sentenced to death at the Old Bailey, and 15

of them were hung together the next week. In 1788 there were 81

capital convicts awaiting execution in Newgate, and in 1792 thirteen

prisoners were sentenced to death for horse-stealing and lesser

offences at a single sessions in London!

At the Herts. Assizes in 1802, John Wood, a carpenter, of Royston, was

ordered to be transported for fourteen years for having some forged

bank notes concealed in his workshop. In the same year, {89} at the

Cambs. Assizes, William Wright, a native of Foxton, was sentenced to

death and executed at Cambridge, for uttering forged Bank of England

notes. At the Hertford Assizes, in 1801, William Cox, for getting fire

to a hovel of wheat at Walkern, was sentenced to death. Among other

oddly sounding capital offences, I find that a man named Horn was

sentenced to death at the Hertfordshire Assizes in 1791 for stealing

some money from the breeches pocket of a man with whom he had slept.

At the Cambs. Assizes, in 1812, Daniel Dawson was tried for an offence

of poisoning a mare the property of William Adams, of Royston, and was

sentenced to death, and executed at Cambridge about a fortnight

afterwards.

Sheep-stealing, horse-stealing and highway robberies, were the chief

offences with which capital punishment was connected, and associations

were formed to prosecute offenders. The parishes of North Herts. were

especially notable for sheep-stealing cases. In 1825, at the Herts.

Spring Assizes, a man named Hollingsworth was indicted for stealing 55

sheep and 17 lambs, the property of William Lilley, at Therfield. The

jury found the prisoner guilty and "the awful sentence of the law was

pronounced upon him," so says the Chronicle--and at the July Assizes in

the same year, Francis Anderson, for stealing one ewe lamb, the

properly of Edward Logsden, at Therfield, was found guilty and

"sentence of death was recorded." At the Cambs. Assizes in 1827,

George Parry was indicted for sheep-stealing at Hauxton, and the judge

"passed the awful sentence of death," remarking that the crime of

sheep-stealing had so increased that it was necessary to make a severe

example.

One of the most remarkable adventures of the pursuit of horse-stealers

in this district occurred in 1822, and actually formed the subject of a

small book [now before me] bearing the following curious title:--

"The Narrative of the persevering labours and exertions of the late Mr.

Owen Cambridge, of Bassingbourn, Cambs., during his search for two

horses, stolen from his stable in October and November, 1822; during

which search he very unexpectedly found a pony which had been stolen

from the stable of his neighbour, Mr. Elbourne; Printed by particular

request. The Royston Press: Printed, published, and sold by J. Warren."

If the reader is inclined to smile at a book with the strangest title

that perhaps was ever put upon a title page, it should be said that the

adventure recorded in this little book of thirty-two pages is really a

most remarkable one, than which no "Bow Street Runner" of those days,

to say nothing of the modern police officer with the advantages of

railways and telegraphs, had a stiffer task of detective work, or ever

more distinguished himself for perseverance, energy and resource, than

did Mr. Owen Cambridge in this memorable affair with its innumerable

{90} journeys by coach to London, and to almost all the fairs in the

home counties, at a cost of upwards of L200. The result was that many

other crimes were brought to light, and a gang of horse-stealers was

broken up; two of them were sentenced to death at the Beds. Assizes,

and the one who stole Mr. Cambridge's horses was sentenced to death at

Cambridge, but, upon Mr. Cambridge's plea for mercy for the prisoner,

sentence was commuted. It is perhaps worth placing on record that

after the extraordinary searches, covering several weeks in London and

elsewhere, Mr. Cambridge found the thief at home in his garden in

Oxfordshire, passing as a respectable horse-dealer.

Perhaps the most interesting case of a local character of capital

punishment for highway robbery with violence and sheep-stealing

combined, was one which occurred to a Royston gentleman, for which it

is necessary to travel a dozen years beyond the reign of George III.

At the Cambridge Summer Assizes in 1832 was tried a case of highway

robbery and sheep-stealing, which was one of the last cases of sentence

of death being inflicted for these offences. The accused were John

Nunn, Simeon Nunn, the younger, and Ephraim Litchfield, labourers, of

Whittlesford. The facts as deposed to at the Assizes were briefly

these:--The late Mr. Henry Thurnall, of Royston, was in that year an

articled clerk to Messrs. Nash and Wedd, solicitors, Royston, and was

frequently in the habit of going from Royston to his then home at

Whittlesford, to spend the Sunday. On this occasion business in the

office had detained him later than usual, and he started from Royston

to drive home in a gig about 11 p.m. on the Saturday night. Near the

plantation between Thriplow and Whittlesford parish two men rushed out,

seized the reins and said, "We want all you have," and just as he

jumped out of the gig to defend himself a third man struck him and

knocked him down and stunned him. A further struggle, however, and

more blows ensued, and he was able in the struggle to identify the

three men, who did not leave him till they had made him stand up with

his arms extended, rifled his pockets, and then, left him covered with

blood and fainting on the road, not knowing who it was that they had

been robbing. Mr. Thurnall was able to walk home, though bleeding very

much, and after dressing his wounds, he, his father and others, watched

for the accused, and seeing them returning at dawn to their homes, the

men dropped sacks they were carrying, and these sacks were found to

contain each a fresh-killed sheep from the fold of Mr. Faircloth. At

the next Cambs. Assizes, as stated above, all three were found guilty

and sentenced to be hung. Mr. Thurnall pleaded for the lives of the

men, who belonged to his own parish, but the Home Secretary, Lord

Melbourne, wrote that their case was too bad to admit of any mitigation

of the punishment, and the day was appointed for their execution. The

poor fellows were desirous {91} of seeing Mr. Thurnall, and he went to

Cambridge gaol to take leave of them, and they thanked him for his

exertions on their behalf, and assured him that had they known him on

the night of the robbery nothing would have induced them to attack him!

Shortly afterwards their sentence was commuted to that of penal

servitude for life. The counsel for the prosecution in this painful

case was Mr. Gunning, a well-known name in Cambridgeshire, and it may

be of interest to add that I have gleaned the above facts from the

brief used by counsel on that occasion, which has been kindly placed at

my disposal by Mr. H. J. Thurnall.

One of the most painful cases of capital punishment for small offences

occurred in Royston about 1812-14, when quite a young girl from

Therfield, living in service in a house now let as an office in the

High Street, Royston, robbed her employer of some articles in the

house, and was sentenced to death at Hertford, and hung. This case

created a profound impression in the town, and for many years

afterwards the case "of the poor girl who was hung" was remembered as

an instance of the severity of the law.

The time came when this wholesale sentence of death for various

offences became more a question of the letter of the law than a

satisfaction of the public sense of justice, and out of a batch of

prisoners receiving sentence of death the Judge often reprieved the

majority, and some of them before leaving the Assize town. The result

was that though in many cases there was hope when under sentence of

death, there was a large number of persons, often young people, placed

under dreadful suspense. The most striking case of the kind in this

district was that of the fate of a Melbourn gang of lawless young men.

About 1820, several desperate young fellows linked themselves together

and became so bold in terrorising the inhabitants as to openly express

their intention to provide themselves with fire-arms and use them

rather than be taken. Eventually their time came, when they broke into

the house of a man named Tom Thurley, a higgler, living near the mill

stream. The properly they stole was nothing of great value--chiefly

some articles of clothing, &c.--and they were disturbed at their game

and had to bolt. In order to get rid of the evidence against them they

hid the stolen things in the spinney which then grew where the

gas-house now stands, just by the mill stream bridge. They were

arrested, and at the Cambridge Assizes five or six of them were

sentenced to death! The result of the trial produced a deep impression

in the village. The sentence was afterwards respited and they were

transported for life; their last appearance in the village being when

they rode through on the coach bound for London, and thence to the

convict settlement. One or two others were transported for other

offences soon after, and the gang was completely broken up. {92} Of

the convicts, two sons were out of one house--one of the old parish

houses which then stood in the churchyard.

Forgery was an offence punished with death, and one of the latest cases

was that of a young man from Meldreth parish, who went up in 1824 as

clerk in Mr. Mortlock's warehouse in Oxford Street, forged his master's

signature to a cheque, was sentenced to death and hung at Newgate,

despite the exertions of his employer to save his life.

We sometimes hear, in these days of advanced education, that we are

educating young people beyond the station they can possibly attain, and

that we may find the cleverness expend itself in forging other people's

names and signatures to obtain money without that honest labour by

which their parents were content to earn a livelihood. The evidence,

however, is altogether the other way. The number of forgeries

committed before national education began, notwithstanding the fear of

being hung for the offence, was incalculably greater than it has ever

been since. In the matter of bank notes alone, the number of forged

motes presented at the Bank of England in 1817 was no less than 31,180.

By 1836, the number of forged notes presented had dwindled down to 267.

The number of executions for the whole country for the three years,

ending 1820, were 312; for the same period, ending 1830, only 176; and

by 1840 they had decreased to 62. Many of these sentences were the

results of crimes committed in the revolt against the introduction of

machinery.

Fragments of Two Centuries: Glimpses of Country Life when George III. was King · 第 8 / 17 章