THE HALIFAX GIBBET AND GIBBET-LAW.

The History of Halifax in Yorkshire, 12mo. 1712, sets forth “a true

account of their ancient, odd, customary gibbet-law; and their

particular form of trying and executing of criminals, the like not us’d

in any other place in Great Britain.” The Halifax gibbet was in the form

of the guillotine, and its gibbet-law quite as remarkable. The work

referred to, which is more curious than rare, painfully endeavours to

prove this law wise and salutary. It prevailed only within the forest of

Hardwick, which was subject to the lord of the manor of Wakefield, a

part of the duchy of Lancaster. If a felon were taken within the liberty

of the forest with cloth, or other commodity, of the value of

thirteen-pence halfpenny, he was, after three market-days from his

apprehension and condemnation, to be carried to the gibbet, and there

have his head cut off from his body. When first taken, he was brought to

the lord’s bailiff in Halifax, who kept the town, had also the keeping

of the axe, and was the executioner at the gibbet. This officer summoned

a jury of frith-burghers to try him on the evidence of witnesses not

upon oath: if acquitted, he was set at liberty, upon payment of his

fees; if convicted, he was set in the stocks on each of the three

subsequent market-days in Halifax, with the stolen goods on his back, if

they were portable; if not, they were placed before his face. This was

for a terror to others, and to engage any who had aught against him, to

bring accusations, although after the three market-days he was sure to

be executed for the offence already proved upon him. But the convict had

the satisfaction of knowing, that after he was put to death, it was the

duty of the coroner to summon a jury, “and sometimes the same jury that

condemned him,” to inquire into the cause of his death, and that a

return thereof would be made into the Crown-office; “which gracious and

sage proceedings of the coroner in that matter ought, one would think,

to abate, in all considering minds, that edge of acrimony which hath

provoked malicious and prejudiced persons to debase this laudable and

necessary custom.” So says the book. In April, 1650, Abraham Wilkinson

and Anthony Mitchell were found guilty of stealing nine yards of cloth

and two colts, and on the 30th of the month received sentence, “to

suffer death, by having their heads severed and cut off from their

bodies at Halifax gibbet,” and they suffered accordingly. These were the

last persons executed under Halifax gibbet-law.

The execution was in this manner:--The prisoner being brought to the

scaffold by the bailiff, the axe was drawn up by a pulley, and fastened

with a pin to the side of the scaffold. “The bailiff, the jurors, and

the minister chosen by the prisoner, being always upon the scaffold with

the prisoner, in most solemn manner, after the minister had finished his

ministerial office and christian duty, if it was a horse, an ox, or cow,

&c. that was taken with the prisoner, it was thither brought along with

him to the place of execution, and fastened by a cord to the pin that

stay’d the block, so that when the time of the execution came, (which

was known by the jurors holding up one of their hands,) the bailiff, or

his servant, whipping the beast, the pin was pluck’d out, and execution

done; but if there were no beast in the case, then the bailiff, or his

servant, cut the rope.”

[Illustration: ~The Halifax Gibbet.~]

But if the felon, after his apprehension, or in his going to execution,

happened to make his escape out of the forest of Hardwick, which

liberty, on the east end of the town, doth not extend above the breadth

of a small river; on the north about six hundred paces; on the south

about a mile; but on the west about ten miles;--if such an escape were

made, then the bailiff of Halifax had no power to apprehend him out of

his liberty; but if ever the felon came again into the liberty of

Hardwick, and were taken, he was certainly executed. One Lacy, who made

his escape, and lived seven years out of the liberty, after that time

coming boldly within the liberty of Hardwick, was retaken, and executed

upon his former verdict of condemnation.

The records of executions by the Halifax gibbet, before the time of

Elizabeth, are lost; but during her reign twenty-five persons suffered

under it, and from 1623 to 1650 there were twelve executions. The

machine is destroyed. The engraving placed above, represents the

instrument, from a figure of it in an old map of Yorkshire, which is

altogether better than the print of it in the work before cited.

* * * * *

The worthy author of the Halifax gibbet-book seems by his title to be

well assured, that the machine was limited to, and to the sole use and

behoof of, his district; but in this, as in some other particulars, he

is mistaken.

A small print by Aldegraver, one of the little German masters, in 1553,

now lying before the writer, represents the execution of Manlius, the

Roman, by the same instrument; and he has a similar print by Pens, an

early engraver of that school. There are engravings of it in books

printed so early as 1510. In Hollinshed’s Chronicle there is a cut of a

man who had attempted the life of Henry III. suffering by this

instrument. In Fox’s “Acts and Monuments,” there is another execution in

the same manner.

The “maiden” by which James, earl of Morton, the regent of Scotland, was

put to death for high treason in 1581, was of this form, and is said to

have been constructed by his order from a model of one that he had seen

in England: he was the first and last person who suffered by it in

Scotland; and it still exists in the parliament-house at Edinburgh. In

“The Cloud of Witnesses; or the last Speeches of Scottish Martyrs since

1680,” there is a print of an execution in Scotland by a similar

instrument. The construction of such a machine was in contemplation for

the beheading of lord Lovat in 1747: he approved the notion--“My neck is

very short,” he said, “and the executioner will be puzzled to find it

out with his axe: if they make the machine, I suppose they will call it

lord Lovat’s maiden.”

* * * * *

Randle Holme in his “Armory” describes an heraldic quartering thus:--“He

beareth _gules_, a heading-block fixed between two supporters, with an

axe placed therein; on the _sinister_ side a maule, all _proper_.” This

agreeable bearing he figures as the reader sees it.

[Illustration]

Holme observes, that “this was the Jews’ and Romans’ way of beheading

offenders, as some write, though others say they used to cut off the

heads of such, with a sharp, two-handed sword: however, this way of

decollation was by laying the neck of the malefactor on the block, and

then setting the axe upon it, which lay in a rigget in the two

side-posts or supporters; the executioner with the violence of a blow

on the head of the axe, with his heavy maul, forced it through the man’s

neck into the block. I have seen the draught of the like

heading-instrument, where the weighty axe (made heavy for that purpose)

was raised up and fell down in such a riggetted frame, which being

suddenly let to fall, the weight of it was sufficient to cut off a man’s

head at one blow.”

The Every-day Book and Table Book, v. 1 (of 3) or Everlasting Calendar of Popular Amusements, Sports, Pastimes, Ceremonies, Manners, Customs and Events, Incident to Each of the Three Hundred and Sixty-five Days, in past and Present Times; Forming a Complete History of the Year, Month, and Seasons, and a Perpetual Key to the Almanac · 第 68 / 982 题