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BYGONE PUNISHMENTS.

* * * * *

Works by William Andrews.

Mr. Andrews' books are always interesting.--_Church Bells._

No student of Mr. Andrews' books can be a dull after-dinner speaker,

for his writings are full of curious out-of-the-way information and

good stories.--_Birmingham Daily Gazette._

England in the Days of Old.

A most delightful work.--_Leeds Mercury._

A valuable contribution to archaeological lore.--_Chester Courant._

It is of much value as a book of reference, and it should find its

way into the library of every student of history and

folk-lore.--_Norfolk Chronicle._

Mr. Andrews has the true art of narration, and contrives to give us

the results of his learning with considerable freshness of style,

whilst his subjects are always interesting and

picturesque.--_Manchester Courier._

Literary Byways.

An interesting volume.--_Church Bells._

A readable volume about authors and books.... Like Mr. Andrews'

other works, the book shews wide, out-of-the-way reading.--_Glasgow

Herald._

Turn where you will, there is entertainment and information in this

book.--_Birmingham Daily Gazette._

An entertaining volume.... No matter where the book is opened the

reader will find some amusing and instructive matter.--_Dundee

Advertiser._

The Church Treasury of History, Custom, Folk-Lore, etc.

It is a work that will prove interesting to the clergy and churchmen

generally, and to all others who have an antiquarian turn of mind,

or like to be regaled occasionally by reading old-world customs and

anecdotes.--_Church Family Newspaper._

Mr. Andrews has given us some excellent volumes of Church lore, but

none quite so good as this. The subjects are well chosen. They are

treated brightly, and with considerable detail, and they are well

illustrated. The volume is full of information, well and pleasantly

put.--_London Quarterly Review._

Those who seek information regarding curious and quaint relics or

customs will find much to interest them in this book. The

illustrations are good.--_Publishers' Circular._

Curious Church Customs.

A thoroughly excellent volume.--_Publishers' Circular._

We are indebted to Mr. Andrews for an invaluable addition to our

library of folk-lore and we do not think that many who take it up

will slip a single page.--_Dundee Advertiser._

Very interesting.--_To-Day._

Mr. Andrews is too practised an historian not to have made the most

of his subject.--_Review of Reviews._

A handsomely got up and interesting volume.--_The Fireside._

* * * * *

[Illustration: TITUS OATES IN THE PILLORY.

(_From a Contemporary Print._)]

BYGONE PUNISHMENTS.

by

WILLIAM ANDREWS....

[Decoration]

London:

William Andrews & Co., 5, Farringdon Avenue, E.C.

1899.

[Device: WILLIAM ANDREWS & CO.

THE HULL PRESS]

Contents.

PAGE

HANGING 1

HANGING IN CHAINS 39

HANGING, DRAWING, AND QUARTERING 79

PRESSING TO DEATH 87

DROWNING 95

BURNING TO DEATH 98

BOILING TO DEATH 106

BEHEADING 108

THE HALIFAX GIBBET 118

THE SCOTTISH MAIDEN 128

MUTILATION 134

BRANDING 138

THE PILLORY 143

PUNISHING AUTHORS AND BURNING BOOKS 159

FINGER PILLORY 171

THE JOUGS 176

THE STOCKS 186

THE DRUNKARD'S CLOAK 201

WHIPPING AND WHIPPING-POSTS 209

PUBLIC PENANCE 227

THE REPENTANCE STOOL 239

THE DUCKING-STOOL 243

THE BRANK, OR SCOLD'S BRIDLE 276

RIDING THE STANG 299

INDEX 307

Preface.

About twenty-five years ago I commenced investigating the history of

obsolete punishments, and the result of my studies first appeared in the

newspapers and magazines. In 1881 was issued "Punishments in the Olden

Time," and in 1890 was published "Old Time Punishments": both works were

well received by the press and the public, quickly passing out of print,

and are not now easily obtainable. I contributed in 1894 to the Rev.

Canon Erskine Clarke's popular monthly, the _Parish Magazine_, a series

of papers entitled "Public Punishments of the Past." The foregoing have

been made the foundation of the present volume; in nearly every instance

I have re-written the articles, and provided additional chapters. This

work is given to the public as my final production on this subject, and

I trust it may receive a welcome similar to that accorded to my other

books, and throw fresh light on some of the lesser known byways of

history.

WILLIAM ANDREWS.

THE HULL PRESS,

_August 11th, 1898._

Bygone Punishments.

Hanging.

The usual mode of capital punishment in England for many centuries has

been, and still is, hanging. Other means of execution have been

exercised, but none have been so general as death at the hands of the

hangman. In the Middle Ages every town, abbey, and nearly all the more

important manorial lords had the right of hanging, and the gallows was

to be seen almost everywhere.

Representatives of the church often possessed rights in respect to the

gallows and its victims. William the Conqueror invested the Abbot of

Battle Abbey with authority to save the life of any malefactor he might

find about to be executed, and whose life he wished to spare. In the

days of Edward I. the Abbot of Peterborough set up a gallows at

Collingham, Nottinghamshire, and hanged thereon a thief. This proceeding

came under the notice of the Bishop of Lincoln, who, with considerable

warmth of temper, declared the Abbot had usurped his rights, since he

held from the king's predecessors the liberty of the Wapentake of

Collingham and the right of executing criminals. The Abbot declared that

Henry III. had given him and his successors "Infangthefe and Utfangthefe

in all his hundreds and demesnes." After investigation it was decided

that the Abbot was in the wrong, and he was directed to take down the

gallows he had erected. One, and perhaps the chief reason of the prelate

being so particular to retain his privileges was on account of its

entitling him to the chattels of the condemned man.

Little regard was paid for human life in the reign of Edward I. In the

year 1279, not fewer than two hundred and eighty Jews were hanged for

clipping coin, a crime which has brought many to the gallows. The

following historic story shows how slight an offence led to death in

this monarch's time. In 1285, at the solicitation of Quivil, the Bishop

of Exeter, Edward I. visited Exeter to enquire into the circumstances

relating to the assassination of Walter Lichdale, a precentor of the

cathedral, who had been killed one day when returning from matins. The

murderer made his escape during the night and could not be found. The

Mayor, Alfred Dunport, who had held the office on eight occasions, and

the porter of the Southgate, were both tried and found guilty of a

neglect of duty in omitting to fasten the town gate, by which means the

murderer escaped from the hands of justice. Both men were condemned to

death, and afterwards executed. The unfortunate mayor and porter had not

anything to do with the death of the precentor, their only crime being

that of not closing the city gate at night, a truly hard fate for

neglect of duty.

A hanging reign was that of Henry VIII. It extended over thirty-seven

years, and during that period it is recorded by Stow that 72,000

criminals were executed.

In bygone times were observed some curious ordinances for the conduct of

the Court of Admiralty of the Humber. Enumerated are the various

offences of a maritime character, and their punishment. In view of the

character of the court, the punishment was generally to be inflicted at

low-water mark, so as to be within the proper jurisdiction of the

Admiralty, the chief officer of which, the Admiral of the Humber, being

from the year 1451, the Mayor of Hull. The court being met, and

consisting of "masters, merchants, and mariners, with all others that do

enjoy the King's stream with hook, net, or any engine," were addressed

as follows: "You masters of the quest, if you, or any of you, discover

or disclose anything of the King's secret counsel, or of the counsel of

your fellows (for the present you are admitted to be the King's

Counsellors), you are to be, and shall be, had down to the low-water

mark, where must be made three times, O Yes! for the King, and then and

there this punishment, by the law prescribed, shall be executed upon

them; that is, their hands and feet bound, their throats cut, their

tongues pulled out, and their bodies thrown into the sea." The

ordinances which they were bound to observe, include the following: "You

shall inquire, whether any man in port or creek have stolen any ropes,

nets, cords, etc., amounting to the value of ninepence; if he have, he

must be hanged for the said crimes, at low-water mark." "If any person

has removed the anchor of any ships, without licence of the master or

mariners, or both, or if anyone cuts the cable of a ship at anchor, or

removes or cuts away a buoy; for any of the said offences, he shall be

hanged at low-water mark." "All breakers open of chests, or pickers of

locks, coffers, or chests, etc., on shipboard, if under the value of one

and twenty pence, they shall suffer forty days' imprisonment; but, if

above, they must be hanged as aforesaid." "If any loderman takes upon

himself the rule of any ship, and she perishes through his carelessness

and negligence, if he comes to land alive with two of his company, they

two may chop off his head without any further suit with the King or his

Admiralty." The sailor element of the population of the olden days was

undeniably rude and refractory, the above rules showing that the

authorities needed stern and swift measures to repress evildoers of that

class.

A curious Derbyshire story is told, taking us back to Tudor times,

illustrating the strange superstitions and the power exercised by the

nobility in that era. Some three hundred years ago the Peak of

Derbyshire was ruled by the iron hand of Sir George Vernon, who, from

the boundless magnificence of his hospitality at the famous Hall of

Haddon, was known throughout the country round as the "King of the

Peak." His "kingly" character was further supported by the stern

severity with which he dealt with all cases of dispute or crime that

came before him, even when human life was concerned; though it must be

added, that if strict, he was also just. The following is an instance of

his arbitrary and decisive manner of dealing with the lives of those who

came beneath his control, and shows his fondness for the exercise of the

summary processes of lynch-law. A wandering pedlar was one morning found

dead in an unfrequented part, evidently murdered. He had been hawking

his goods about the neighbourhood the previous day, and was in the

evening observed to enter a certain cottage, and after that was not

again seen alive. No sooner had Sir George Vernon become acquainted with

these facts than he caused the body to be conveyed to the hall, where it

was laid. The man occupying the cottage where the pedlar had last been

seen alive was then summoned to attend at the hall immediately, and on

arriving was met by the question, what had become of the pedlar who had

gone into his cottage on the previous evening? The fellow repudiated any

knowledge of him whatever, when the "King of the Peak" turned round,

drew off the sheet which had been placed over the dead body, and

ordered that everyone present should successively approach and touch it,

declaring at the same time each his innocence of the foul murder. The

cottar, who had retained his effrontery until now, shrank from the

ordeal, and declined to touch the body, running at once out of the hall,

through Bakewell village, in the direction of Ashford. Sir George,

coming, as he well might, to the conclusion that the suspicions which

had pointed to this man had been well founded, ordered his men to take

horse and pursue the murderer, and, overtaking him, to hang him on the

spot. They did so; he was caught in a field opposite to where the

toll-bar of Ashford stood, and there instantly hanged. The field is

still called "Galley Acre," or "Gallows Acre," on this account. It is

stated that for this exercise of his powers in summary justice Sir

George was called upon to appear at London and answer for the act. When

he appeared in court he was the first and second time summoned to

surrender as the "King of the Peak," but not replying to these, the

third time he was called by his proper title of Sir George Vernon, upon

which he acknowledged his presence, stepping forward and crying "Here am

I." The indictment having been made out against him under the title of

"King of the Peak" it was of no effect, and the worst consequence to Sir

George was that he received an admonition. He died in 1567, the

possessor of thirty Derbyshire manors, and was buried in Bakewell

Church, where his altar tomb remains to this day.

Out of the beaten track of the tourist are the gallows at Melton Ross,

Lincolnshire, with their romantic history going back to the time when

might and not right ruled the land. According to a legend current among

the country folk in the locality long, long ago, some lads were playing

at hanging, and trying who could hang the longest. One of the boys had

suspended himself from a tree when the attention of his mates was

attracted by the appearance on the scene of a three-legged hare (the

devil), which came limping past. The lads tried to catch him, and in

their eager pursuit forgot the critical position of their companion, and

on their return found him dead. The gallows is believed by many to have

been erected in remembrance of this event.

The story has no foundation in fact. A hare crossing is regarded not

only in Lincolnshire, and other parts of England, but in many countries

of the world, as indicating trouble to follow.

[Illustration: THE GALLOWS AT MELTON ROSS.]

In the days of old two notable men held lands in the district, Robert

Tyrwhitt of Kettleby and Sir William Ross of Melton, and between them

was a deadly feud, the outcome, in 1411, of a slight and obscure

question on manorial rights. It was alleged that John Rate, steward of

Sir William Ross, had trespassed on lands at Wrawby belonging to Robert

Tyrwhitt, digged and taken away turves for firing, felled trees, and

cut down brushwood. The dispute was tried by Sir William Gascoigne, but

it would appear that this did not altogether meet the requirements of

Tyrwhitt. He assembled his men in large numbers and a fight took place

with the retainers of Sir William Ross. An action of this kind could not

be tolerated even in a lawless age, and the matter was brought before

parliament. After long and careful consideration, it was decided that

Tyrwhitt was in the wrong, and in the most abject manner he had to beg

the pardon of Sir William Ross, but we are told it was merely "lip

service."

The hatred of the two families was transmitted from sire to son until

the reign of James I., and then it broke out in open warfare. A battle

was fought at Melton Ross between the followers of Tyrwhitt and those of

the Earl of Rutland, the representative of the Ross family. In the

struggle several servants were slain, and the king adopted stringent

measures to prevent future bloodshed. He directed, so says tradition,

that a gallows be erected at Melton Ross, and kept up for ever, and that

if any more deaths should result from the old feud it should be regarded

as murder, and those by whom the deadly deed was committed were to be

executed on the gallows.

We hear nothing more of the feud after the gallows had been erected, the

action of the king being the means of settling a strife which had lasted

long and kept the district in turmoil.

The gallows is on the estate of the Earl of Yarborough, and it has been

renewed by him, and according to popular belief he is obliged to prevent

it falling into decay.

Gallows Customs.

When criminals were carried to Tyburn for execution, it was customary

for the mournful procession to stop at the Hospital of St. Giles in the

Fields, and there the malefactors were presented with a glass of ale.

After the hospital was dissolved the custom was continued at a

public-house in the neighbourhood, and seldom did a cart pass on the way

to the gallows without the culprits being refreshed with a parting

draught. Parton, in his "History of the Parish," published in 1822,

makes mention of a public-house bearing the sign of "The Bowl," which

stood between the end of St. Giles's High Street, and Hog Lane.

Particulars are given by Pennant and other writers of a similar custom

being maintained at York. It gave rise to the saying, that "The saddler

of Bawtry was hanged for leaving his liquor": had he stopped, as was

usual with other criminals, to drink his bowl of ale, his reprieve,

which was actually on its way, would have arrived in time to save his

life.

Robert Dowe, a worthy citizen of London, gave to the vicar and

churchwardens of St. Sepulchre's Church, London, fifty pounds, on the

understanding that through all futurity they should cause to be tolled

the big bell the night before the execution of the condemned criminals

in the prison of Newgate. After tolling the bell, the sexton came at

midnight, and after ringing a hand-bell, repeated the following lines:--

"All you that in the condemned hold do lie,

Prepare you, for to-morrow you shall die:

Watch all and pray; the hour is drawing near

That you before the Almighty must appear;

Examine well yourselves: in time repent,

That you may not to eternal flames be sent;

And when St. Sepulchre's bell to-morrow tolls,

The Lord above have mercy on your souls!"

Next morning, when the sad procession passed the church on its way to

Tyburn, a brief pause was made at the gate of St. Sepulchre's Church,

and the clergyman said prayers for the unfortunate criminals, and at the

same time the passing-bell tolled its mournful notes.

According to a notice in a recent book by the Rev. A. G. B. Atkinson,

Robert Dowe was a merchant tailor, and a benefactor; he assisted John

Stow and others. Dowe was born 1522, and died 1612.[1]

Not a few of the highwaymen who ended their careers at the gallows

appear to have been dandies. Swift gives us a picture of one in "Clever

Tom Clinch." He says:--

"... While the rabble was bawling,

Rode stately through Holborn to die of his calling;

He stopped at the George for a bottle of sack,

And promised to pay for it--when he came back.

His waistcoat and stockings and breeches were white,

His cap had a new cherry ribbon to tie't:

And the maids at doors and the balconies ran

And cried 'Lack-a-day! he's a proper young man!'"

On January 21st, 1670, was hanged Claude Duval, a great favourite with

the ladies. It is said that ladies of quality, in masks and with tears,

witnessed his execution and that he lay in more than royal state at

Tangier Tavern, St. Giles's. His epitaph in the centre aisle of St.

Paul's, Covent Garden, may be regarded as a model for highwaymen:--

"Here lies Du Vall: reader, if male thou art,

Look to thy purse; if female to thy heart."

Sixteen-string Jack, hanged on November 30th, 1774, was dressed in a

"bright pea-green coat, and displayed an immense nosegay."

Frequently rioting occurred at executions, and unpopular criminals would

be pelted with missiles, and meet with other indications of disfavour,

but usually the sympathies of the populace were with the culprit.

Attempts at rescuing criminals would sometimes be made, and soldiers had

to be present to ensure order. On the 19th August, 1763, it is stated in

"The Annual Register," "A terrible storm made such an impression on the

ignorant populace assembled to see a criminal executed on Kennington

Common, that the sheriff was obliged to apply to the secretaries of

state for a military force to prevent a rescue, and it was near eight

o'clock in the evening before he suffered."

Another practice appears to have been to carry the body of an executed

criminal to the doors of those who had been the chief cause of the

criminal being brought to justice. We read in "The Annual Register,"

for 1763. "As soon as the execution of several criminals, condemned at

last sessions of the Old Bailey, was over at Tyburn, the body of

Cornelius Sanders, executed for stealing about fifty pounds out of the

house of Mrs. White, in Lamb Street, Spitalfields, was carried and laid

before her door, where great numbers of people assembling, they at last

grew so outrageous that a guard of soldiers was sent for to stop their

proceedings; notwithstanding which, they forced open the door, pitched

out all the salmon-tubs, most of the household furniture, piled them on

a heap, and set fire to them, and, to prevent the guards from

extinguishing the flames, pelted them off with stones, and would not

disperse till the whole was consumed." In the same work for the

following year another instance is given. "The criminal," says the

record, "condemned for returning from transportation at the sessions,

and afterwards executed, addressed himself to the populace at Tyburn,

and told them he could wish they would carry his body and lay it at the

door of Mr. Parker, a butcher in the Minories, who, it seems, was the

principal evidence against him; which, being accordingly done, the mob

behaved so riotously before the man's house, that it was no easy matter

to disperse them."

Curiosities of the Gallows.

Instances are not wanting of criminals being driven in their own

carriages to the place of execution. The story of William Andrew Horne,

a Derbyshire squire, as given in the "Nottingham Date Book," is one of

the most revolting records of villainy that has come under our notice.

His long career of crime closed on his seventy-fourth birthday, in 1759,

at the gallows, Nottingham. He had committed more than one murder, but

was tried for the death of an illegitimate child of which he was the

father. His brother laid the information which at last brought him to

justice. This brother requested him to give him a small sum of money so

that he might leave the country, but he refused to comply. He then said

he should make known his crime, but that did not frighten Horne. He

replied, "I'll chance it," and this gave rise to a well-known saying in

the Midlands, "I'll chance it as Horne did his neck." He was hanged at

Gallows-Hill, Nottingham, and was driven in his carriage by his own

coachman. We are told as the gloomy procession ascended the Mansfield

Road the white locks of the hoary sinner streamed mournfully in the

wind, his head being uncovered and the vehicle open, and the day very

tempestuous. He met his doom with a considerable degree of fortitude, in

the presence of an immense crowd of spectators, including hundreds of

his Derbyshire neighbours and tenantry.[2]

A year later Earl Ferrers was hanged for the shooting of his own

steward. On May 5th, 1760, he was driven from the Tower to Tyburn in a

landau drawn by six horses. His lordship was attired in his wedding

clothes, which were of a light colour and richly embroidered in silver.

He was hanged with a silken rope, and instead of being swung into

eternity from a common cart, a scaffold was erected under the gallows,

which we think may be regarded as the precursor of the drop. Mr. T.

Broadbent Trowsdale contributed to "Bygone Leicestershire" an informing

paper on "Laurence Ferrers: the Murderer-Earl."[3] We reproduce an

illustration of the execution from a print of the period.

Some interesting details occur in _Notes and Queries_ for May 28th,

1898, respecting "The Colleen Bawn." It is stated that when John

Scanlan had been found guilty of the murder of Ellen Hanley, the gentry

of the county of Limerick petitioned for a reprieve, which was refused.

They next requested that Scanlan be hanged with a silken cord, though

whether for its greater dignity or because it offered a possibility of

more rapid strangulation in short drop, we cannot tell. The Lord

Lieutenant thought hemp would serve the purpose. According to Haydn's

"Dictionary of Dates," Scanlan was executed 14th March, 1820.

[Illustration: EXECUTION OF EARL FERRERS AT TYBURN.

(_From a print of the period._)]

Mr. Gordon Fraser, of Wigtown, has collected much interesting local lore

respecting the town, which was made a royal burgh in 1341. In bygone

times it had the distinction of having its own public executioner.

According to traditional accounts he held office on somewhat peculiar

conditions. The law was, we are told, that this functionary was himself

to be a criminal under sentence of death, but whose doom was to be

deferred until the advance of age prevented a continuance of his

usefulness, and then he was to be hanged forthwith. If, it was said, the

town permitted the executioner to die by the ordinary decay of nature,

and not by the process of the cord, it would lose for ever the

distinguished honour of possessing a public hangman. The story of the

last official who held the tenure of his life upon being able to

efficiently despatch his fellows is sufficiently interesting. He was

taken ill, and it was seriously contemplated to make sure of having a

public hangman in the future by seizing the sick man and hanging him.

His friends, hearing of this intention, propped the dying Ketch up in

bed, and he, being by trade a shoemaker, had the tools and materials of

his trade placed before him. He made a pretence of plying his avocation,

and the townsmen, thinking his lease of life was in no danger of a

natural termination, allowed him to lie in peace. He then speedily

passed away quietly in his bed, and the outwitted burghers found

themselves without a hangman, and without hope of a successor.

A good story is told by Mr. Fraser of the last man hanged at Wigtown.

His name was Patrick Clanachan, and he was tried and found guilty of

horse-stealing. His doom was thus pronounced:--"That he be taken on the

31st August, 1709, between the hours of twelve and two in the afternoon,

to the gyppet at Wigtown, and there to hang till he was dead." Clanachan

was carried from the prison to the gallows on a hurdle, and, as the

people were hurrying on past him to witness his execution, he is said to

have remarked, "Tak' yer time, boys, there'll be nae fun till I gang."

We have heard a similar anecdote respecting a criminal in London.

At Wicklow, in the year 1738, a man named George Manley was hanged for

murder, and just before his execution he delivered an address to the

crowd, as follows: "My friends, you assemble to see--what? A man leap

into the abyss of death! Look, and you will see me go with as much

courage as Curtius, when he leaped into the gulf to save his country

from destruction. What will you say of me? You say that no man, without

virtue, can be courageous! You see what I am--I'm a little fellow. What

is the difference between running into a poor man's debt, and by the

power of gold, or any other privilege, prevent him from obtaining his

right, and clapping a pistol to a man's breast, and taking from him his

purse? Yet the one shall thereby obtain a coach, and honour, and titles;

the other, what?--a cart and a rope. Don't imagine from all this that I

am hardened. I acknowledge the just judgment of God has overtaken me. My

Redeemer knows that murder was far from my heart, and what I did was

through rage and passion, being provoked by the deceased. Take warning,

my comrades; think what would I now give that I had lived another life.

Courageous? You'll say I've killed a man. Marlborough killed his

thousands, and Alexander his millions. Marlborough and Alexander, and

many others, who have done the like, are famous in history for great

men. Aye--that's the case--one solitary man. I'm a little murderer and

must be hanged. Marlborough and Alexander plundered countries; they were

great men. I ran in debt with the ale-wife. I must be hanged. How many

men were lost in Italy, and upon the Rhine, during the last war for

settling a king in Poland. Both sides could not be in the right! They

are great men; but I killed a solitary man."

It will be seen from the following account, that in the olden time the

cost and trouble attending an execution was a serious matter:--

To the Right Honourable the Lord Commissioners of His Majesty's

Treasury.

The humble petition of Ralph Griffin, Esq., High Sheriff of the

County of Flint, for the present year, 1769, concerning the

execution of Edward Edwards, for burglary:--

_Sheweth._

That your petitioner was at great difficulty and expense by himself,

his clerks, and other messengers and agents he employed in journeys

to Liverpool and Shrewsbury, to hire an executioner; the convict

being of Wales it was almost impossible to procure any of that

country to undertake the execution.

L s. d.

Travelling and other expenses on that occasion 15 10 0

A man at Salop engaged to do this business. Gave him

in part 5 5 0

Two men for conducting him, and for their search of

him on his deserting from them on the road, and

charges on inquiring for another executioner 4 10 0

After much trouble and expense, John Babington, a

convict in the same prison with Edwards, was by

means of his wife prevailed on to execute his

fellow-prisoner. Gave to the wife 6 6 0

And to Babington 6 6 0

Paid for erecting a gallows, materials, and labour:

a business very difficult to be done in this

country 4 12 0

For the hire of a cart to convey the body, a coffin,

and for the burial 2 10 0

And for other expenses, trouble, and petty expenses,

on the occasion at least 5 0 0

----------

Total L49 19 0

==========

Which humbly hope your lordships will please to allow your

petitioner, who, etc.

Feasting at funerals in past time was by no means uncommon in Great

Britain, and perhaps still lingers in some of the remoter parts of the

country. In Scotland until the commencement of the present century

before or after executions, civic feasts were often held. After every

execution, at Paisley, says the Rev. Charles Rogers, LL.D., the

authorities had a municipal dinner. Thomas Potts was hanged at Paisley,

1797, at a cost to the town of L33 5s. 3-1/2d., of which the sum of L13

8s. 10d. was expended on a civic feast, and L1 14s. 3d. on the

entertainment of the executioner and his assistants. At Edinburgh, the

evening prior to an execution, the magistrates met at Paxton's Tavern,

in the Exchange, and made their arrangements over liquor. These

gatherings were known as "splicing the rope."[4]

During the distress which, owing to the scanty harvests of the later

years of the last century, prevailed throughout the country, but more

especially in the north, attention was drawn to an extremely curious

privilege claimed by the public executioner of Dumfries. From old times

a considerable portion of the remuneration for his hanging services was

in kind, and levied in the following manner. When the farmers and others

had set out in the public market their produce of meal, potatoes, and

similar provender, the hangman, walking along the row of sacks, thrust

into each a large iron ladle, and put the result of each "dip" into his

own sack. This tax, from the odious occupation of the collector, was

regarded by the farmers and factors with particular abhorrence, and

numerous attempts were made at different periods to put a stop to the

grievous exaction, but the progress of public opinion was so little

advanced, and the regard for the ancient trammels of feudal

arbitrariness so deep-seated, that not until 1781 was any serious

resistance made. In that year a person named Johnston stood upon what he

considered his rights, and would allow no acquaintance to be made

between his meal and the iron ladle of the Dumfries hangman. The latter,

seeing in this the subversion of every fundamental principle of social

order, to say nothing of the loss threatened to his means of

subsistence, carried his complaint to the magistrates. Consequently the

Dumfries Hampden was forthwith haled to prison. He was not, however,

long detained there, as his judges were made aware by his threats of

action for false imprisonment that they were unaware of the position in

which they and the impost stood in the eyes of the law. To remedy this

ignorance, and be fore-armed for other cases of resistance, which it was

not unlikely to suppose would follow, the Corporation of Dumfries, in

the year we have mentioned, had recourse to legal advice. That they

obtained was of the highest standing, as they applied to no less a

personage than Andrew Crosbie, the eminent advocate, who has been

immortalised in the Pleydell of "Guy Mannering." It will be interesting

to quote from the document laid before him on this occasion, containing

as it does several particulars about the hangman of the town. One part

describes the office, duties, and pay of the hangman, "who executes not

only the sentences pronounced by the magistrates of the burgh, and of

the King's judges on their circuits, but also the sentences of the

sheriff, and of the justices of the peace at their quarter sessions. The

town has been in use to pay his house rent, and a salary over and above.

Roger Wilson, the present executioner, has, since he was admitted,

received from the town L6 of salary, and L1 13s. 4d. for a house rent.

Over and above this salary and rent, he and his predecessors have been

in use of levying and receiving weekly (to wit each market day, being

Wednesday,) the full of an iron ladle out of each sack of meal, pease,

beans, and potatoes, and the same as to flounders." The history of the

impost is next very briefly dealt with, the gist of the information on

the subject being that the tax had been levied from a period beyond the

memory of the "oldest people" without quarrel or dispute. That the

resistance of Johnston was not an isolated instance we likewise learn

from this statement of the case, for it says "there appears a fixed

resolution and conspiracy to resist and forcibly obstruct the levy of

this usual custom," and as the result of the tax according to the

executioner's own version amounted to more than L13 annually, it was of

sufficient moment to make sound advice desirable. The opinion of Crosbie

was that rights obtained by virtue of office, and exercised from time

out of mind, were legal, and might very justly be enforced. While

commending the imprisonment of the dealer Johnston, he suggested that

the process of collection should be made more formal than appears to

have been the case in this instance. Officers should assist Jack Ketch

in his _role_ of tax-gatherer, and all preventers should be formally

tried by the magistrates. The tax continued to be levied. The farmers

either gave up their meal grudgingly, or, refusing, were sent to gaol.

In 1796, when the towns-people were in the utmost need of food, riots

and tumults arose in Dumfries, and as one means of allaying the popular

frenzy it was proposed by the leading member of the Corporation,

Provost Haig, that the ladle's harvest should be abolished, and his

recommendation was immediately put into effect. The hangman of Dumfries

was then one Joseph Tate, who was the last of the officers of the noose

connected officially with Dumfries; for the loss of his perquisite he

was allowed the sum of L2 yearly. It is satisfactory to learn that the

ladle itself, the only substantial relic of this curious custom, is, in

all probability preserved at the present time. A footnote in W.

McDowall's valuable "History of Dumfries," says: "The Dumfries hangman's

ladle is still to be seen we believe among other 'auld nick-nackets' at

Abbotsford." It was for many years lost sight of, till in 1818, Mr.

Joseph Train, the zealous antiquary, hunted it out, and, all rusty as it

was, sent it as a present to Sir Walter Scott.[5]

Horrors of the Gallows.

From the following paragraph, drawn from the _Derby Mercury_ of April

6th, 1738, we have a striking example of how deplorable was the conduct

of the hangman in the olden time. It is by no means a solitary instance

of it being mainly caused through drinking too freely:--

"Hereford, March 25. This day Will Summers and Tipping were executed

here for house-breaking. At the tree, the hangman was intoxicated

with liquor, and supposing that there were three for execution, was

going to put one of the ropes round the parson's neck, as he stood

in the cart, and was with much difficulty prevented by the gaoler

from so doing."

In bygone times, capital punishment formed an important feature in the

every-day life, and was resorted to much more than it now is, for in

those "good old times" little regard was paid for human life. People

were executed for slight offences. The painful story related by Charles

Dickens, in the preface to "Barnaby Rudge," is an example of many which

might be mentioned. It appears that the husband of a young woman had

been taken from her by the press-gang, and that she, in a time of sore

distress, with a babe at her breast, was caught stealing a shilling's

worth of lace from a shop in Ludgate Hill, London. The poor woman was

tried, found guilty of the offence, and suffered death on the gallows.

We have copied from a memorial in the ancient burial ground of St.

Mary's Church, Bury St. Edmunds, the following inscription which tells a

sad story of the low value placed on human life at the close of the

eighteenth century:--

READER,

Pause at this humble stone it records

The fall of unguarded youth by the allurements of

vice and the treacherous snares of seduction.

SARAH LLOYD.

On the 23rd April, 1800, in the 22nd year of her age,

Suffered a just and ignominious death.

For admitting her abandoned seducer in the

dwelling-house of her mistress, on the 3rd of

October, 1799, and becoming the instrument in

his hands of the crime of robbery and

housebreaking.

These were her last words:

"May my example be a warning to thousands."

Hanging persons was almost a daily occurrence in the earlier years of

the present century, for forging notes, passing forged notes, and other

crimes which we now almost regard with indifference. George Cruikshank

claimed with the aid of his artistic skill to have been the means of

putting an end to hanging for minor offences. Cruikshank, in a letter to

his friend, Mr. Whitaker, furnishes full details bearing on the subject.

"About the year 1817 or 1818," wrote Cruikshank, "there were one-pound

Bank of England notes in circulation, and unfortunately there were

forged one-pound bank notes in circulation also; and the punishment for

passing these forged notes was in some cases transportation for life,

and in others DEATH.

[Illustration: Mr. G. Cruikshank.]

"At that time, I resided in Dorset Street, Salisbury Square, Fleet

Street, and had occasion to go early one morning to a house near the

Bank of England; and in returning home between eight or nine o'clock,

down Ludgate Hill, and seeing a number of persons looking up the Old

Bailey, I looked that way myself, and saw several human beings hanging

on the gibbet, opposite Newgate prison, and, to my horror, two of them

were women; and upon enquiring what the women had been hung for, was

informed that it was for passing forged one-pound notes. The fact that a

poor woman could be put to death for such a minor offence had a great

effect upon me, and I at once determined, if possible, to put a stop to

this shocking destruction of life for merely obtaining a few shillings

by fraud; and well knowing the habits of the low class of society in

London, I felt quite sure that in very many cases the rascals who had

forged the notes induced these poor ignorant women to go into the

gin-shops to get 'something to drink,' and thus _pass_ the notes, and

hand them the change.

[Illustration: BANK RESTRICTION NOTE

Specimen of a Bank Note--not to be imitated.

_Submitted to the Consideration of the Bank Directors and the inspection

of the Public._]

"My residence was a short distance from Ludgate Hill (Dorset Street);

and after witnessing the tragic-scene, I went home, and in ten minutes

designed and made a sketch of this '_Bank-note not to be imitated_.'

About half-an-hour after this was done, William Hone came into my room,

and saw the sketch lying on my table; he was much struck with it, and

said, 'What are you going to do with this, George?'

"'To publish it,' I replied. Then he said, 'Will you let me have it?' To

his request I consented, made an etching of it, and it was published.

Mr. Hone then resided on Ludgate Hill, not many yards from the spot

where I had seen the people hanging on the gibbet; and when it appeared

in his shop windows, it caused a great sensation, and the people

gathered round his house in such numbers that the Lord Mayor had to send

the City police (of that day) to disperse the CROWD. The Bank directors

held a meeting immediately upon the subject, and AFTER THAT they issued

_no more_ one-pound notes, and so there was _no more hanging for

passing FORGED one-pound notes_; not only that, but ultimately no

hanging even for forgery. AFTER THIS Sir Robert Peel got a bill passed

in Parliament for the 'Resumption of cash payments.' AFTER THIS he

revised the Penal Code, and AFTER THAT _there was not any more hanging

or punishment of DEATH for minor offences_." We are enabled, by the

courtesy of Mr. Walter Hamilton, the author of a favourably-known life

of Cruikshank, to reproduce a picture of the "Bank-note not to be

imitated." In concluding his letter to Mr. Whitaker, Cruikshank said: "I

consider it the most important design and etching that I have ever made

in my life; for it has saved the life of thousands of my

fellow-creatures; and for having been able to do this Christian act, I

am, indeed, most sincerely thankful."

At Nottingham in the olden time the culprits were usually taken to St.

Mary's Church, where the officiating clergyman preached their funeral

sermon. Next they would inspect their graves, and sometimes even test

their capabilities by seeing if they were large enough to hold their

remains. Frequently they would put on their shrouds, and in various ways

try to show that they were indifferent to their impending fate. Then

they would be conveyed on a cart also containing their coffin to the

place of execution some distance from the prison.[6] Similar usages

prevailed in other places.

* * * * *

THE

BANK RESTRICTION BAROMETER;

OR, SCALE OF EFFECTS ON SOCIETY OF THE

Bank Note System, and Payments in Gold.

BY ABRAHAM FRANKLIN.

[Illustration]

[***] _To be read from the words_ "BANK RESTRICTION," _in the

middle, upwards or downwards._

NATIONAL PROSPERITY PROMOTED.

10. The Number of useless Public Executions diminished.

9. The Amelioration of the Criminal Code facilitated.

8. The Forgery of Bank Notes at an end.

7. Manufacturers and Journeymen obtain Necessaries and Comforts for

their Wages.

6. The Means of Persons with small Incomes enlarged.

5. A Fall of Rents and Prices.

4. The Circulating Medium diminished.

3. Fictitious Capital and False Credit destroyed.

2. Exchanges equalized, and the Gold Coin preserved, if allowed to

be freely exported.

1. The Gold Currency restored.

_Consequences, if taken off, will be as above:--viz._

THE BANK RESTRICTION.

_Consequences of its Operation are as follows:--viz._

1. Disappearance of the legal Gold Coin.

2. The Issues of Bank of England Notes and Country Bank Notes

extended.

3. Paper Accommodation, creating False Credit, Fictitious Capital,

Mischievous Speculation.

4. The Circulating Medium enormously enlarged.

5. Rents and Prices of Articles of the first Necessity doubled and

trebled.

6. The Income and Wages of small Annuitants, and Artizans and

Labourers, insufficient to purchase Necessaries for their Support.

7. Industry reduced to Indigence, broken-spirited, and in the

Workhouse: or, endeavouring to preserve independence, lingering in

despair, committing suicide, or dying broken-hearted.

8. The Temptation to forge Bank of England Notes increased and

facilitated.

9. New and sanguinary Laws against Forgery ineffectually enacted.

10. Frequent and useless inflictions of the barbarous Punishment of

Death.

GENERAL DISTRESS INCREASED.

* * * * *

Public executions always brought together a large gathering of men and

women, not always of the lowest order, indeed many wealthy people

attended. "The last person publicly executed at Northampton," says Mr.

Christopher A. Markham, F.S.A., "was Elizabeth Pinckhard, who was found

guilty of murdering her mother-in-law, and who was sentenced to death by

Sir John Jervis, on the 27th February, 1852. As a rule all executions

had taken place on a Monday, so a rumour was spread that the execution

would take place on Monday, the 15th of March; accordingly the people

came together in their thousands. They were, however, all disappointed;

some of them said they wished they had the under-sheriff and they would

let him know what it was to keep honest people in suspense; and one old

lady said seriously that she should claim her expenses from the sheriff.

However, on Tuesday, the 16th March, Mrs. Pinckhard was executed before

an immense number of persons, estimated at ten thousand, the day fixed

having by some means or other got known."[7] The conduct of the crowds

which gathered before Newgate and other prisons was long a blot on the

boasted civilisation of this country, and there can be little doubt that

public executions had a baneful influence on the public.

It will not be without historical interest to state that the last

execution for attempted murder was Martin Doyle, hanged at Chester,

August 27th, 1861. By the Criminal Law Consolidation Act, passed 1861,

death was confined to treason and wilful murder. The Act was passed

before Doyle was put on trial, but (unfortunately for him) did not take

effect until November 1st, 1861. Michael Barrett, author of the Fenian

explosion at Clerkenwell, hanged at Newgate, May 26th, 1868, was the

last person publicly executed in England. Thomas Wells (murderer of Mr.

Walsh, station-master at Dover), hanged at Maidstone, August 13th, 1868,

was the first person to be executed within a prison.

FOOTNOTES:

[1] "St. Botolph, Aldgate: the Story of a City Parish," 1898.

[2] "The Nottingham Date Book," 1880.

[3] Andrews's "Bygone Leicestershire," 1892.

[4] Rogers's "Social Life in Scotland," 1884.

[5] McDowall's "History of Dumfries."

[6] Stevenson's "Bygone Nottinghamshire," 1893.

[7] Markham's "History of Ancient Punishments in Northamptonshire,"

1886.

Hanging in Chains.

The time is not so far distant when the gibbet and gallows were common

objects in this country. In old road books, prepared for the guidance of

travellers, they are frequently referred to as road marks. Several

editions of Ogilby's "Itinirarium Angliae" were published between 1673

and 1717, and a few passages drawn from this work relating to various

parts of England show how frequently these gruesome instruments of death

occur:--

"By the Gallows and Three Windmills enter the suburbs of York."

"Leaving the forementioned suburbs [Durham], a small ascent passing

between the gallows and Crokehill."

"You pass through Hare Street, etc., and at 13'4 part of Epping

Forest, with a gallows to the left."

"You pass Pen-meris Hall, and at 250'4 Hilldraught Mill, both on the

left, and ascend a small hill with a gibbet on the right."

"At the end of the city [Wells] you cross a brook, and pass by the

gallows."

"You leave Frampton, Wilberton, and Sherbeck, all on the right, and

by a gibbet on the left, over a stone bridge."

"Leaving Nottingham you ascend a hill, and pass by a gallows."

Pictures found a prominent place in Ogilby's pages, and we reproduce one

of Nottingham.

[Illustration: NOTTINGHAM (_from Ogilby's "Book of Roads."_)]

It will be noticed that the gallows is shown a short distance from the

town.

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