Where the accused was not possessed of land, the practice can be

explained by either of two suppositions: either the prisoner refused to

recognise the authority of the tribunal, or he desired to save his family

from the reproach of a public execution of one of its members. This was

the reason alleged to the ordinary of Newgate by Spiggott. A few years

earlier, in 1721, Nathaniel Hawes, a highwayman, refused to plead because

a handsome suit of clothes had been taken from him, and he was resolved

not to go to the gallows in a shabby suit. He gave in when he had borne a

weight of 250 lbs. for about seven minutes.[63]

Spiggott, as has been said, bore 350 lbs. for half an hour, and gave way

when a further weight of 50 lbs. was put upon him. These cases show that

the judges had reverted to the old view that the punishment was inflicted

for the purpose of inducing the prisoner to plead.

Another milder form of torture was practised in connection with the peine

forte et dure. It is first revealed in the report of a case which was

tried at the Newgate Sessions in 1663:—

“At the same Sessions, George Thorely, being indicted for

Robbery, refused to plead, and his two Thumbs were tyed

together with Whipcord, that the pain of that might compel

him to Plead, and he was sent away so tyed, and a Minister

perswaded to go to him to perswade him: And an Hour after he

was brought again and pleaded. And this was said to be the

constant practice at Newgate.”[64]

There was no legal authority whatsoever for this punishment.

By 12 George III. (1772), c. 20, it was enacted that persons thereafter

arraigned for felony or piracy, standing mute, should be convicted of the

crime charged against them. Such a case occurred in 1777.

Francis Mercier was arraigned at the Old Bailey sessions, beginning on

December 3, 1777, for the murder of David Samuel Moudrey. He stood mute.

A jury was immediately impannelled by the sheriff to inquire whether he

stood mute fraudulently, wilfully, and obstinately, or by the providence

and act of God. This jury found that he stood mute fraudulently, upon

which Mr. Justice Aston (in the absence of the Recorder) at once passed

sentence upon him that he should be executed and his body be afterwards

dissected and anatomised. He was hanged at the end of Princes Street,

Swallow Street (now Princes Street, Hanover Square).

By 7 and 8 George IV. (1827), c. 28, it was enacted that if a prisoner

refused to plead, the court might order a plea of “Not Guilty” to be

entered.

It had taken five and a half centuries to discover this simple solution

of the difficulty.

THE HANGMAN.

Something must be said about that useful public servant, the executioner.

Selected by the State to carry out its decrees, it would seem that

he should have been invested with a dignity but little inferior to

that of the judges who pronounced the sentence carried out by him in

co-partnership. Without the practical assistance of the executioner, the

solemn sentence of the robed, ermined, and full-bottom-wigged judge would

be of no effect. Nevertheless, this officer of the State, practically

inculcating on the scaffold the great truths of morality impressed

on the public from the bench, this great public officer has never

received the homage due to him. In France the executioner is—or was—“the

executor of high works,” with us he has always been merely “the common

hangman.” Of the many instances of public ingratitude, this is perhaps

the most scandalous. Nor have posthumous honours in the smallest degree

compensated for want of respect during life. The statues of London are,

with few exceptions, and these recent, almost wholly devoted to royal

personages, to soldiers, and to ground landlords. Among them we seek

in vain monuments to the executive officer, without whose aid law and

order would have been mere empty names. That great work, the Dictionary

of National Biography, has done something to redeem this neglect by

recording such rare facts as may be discovered in the biographies of

hangmen. For this we may be grateful: it is at least a beginning.

Cunningham, in his “Handbook of London,” a compilation displaying

marvellous industry, says that “the earliest hangman whose name is known

was called Derrick.” This is a mistake. There are two, or perhaps three,

predecessors whose names have been recorded. Of these predecessors of

Derrick, the first is Cratwell, whose execution was witnessed by the

chronicler Hall in 1538. Then comes an officer whose name a careless

country has omitted to preserve, “the hangman with the stump-leg,” who,

alas! was also hanged, reaching this end to his career in 1556.[65] A

third possible predecessor of Derrick is known only by name. At the

trial of Garnet, in 1606, the Earl of Northampton made a speech of which

he thought so highly that he afterwards amplified and enlarged it for

publication. Here is a specimen of what he would have liked to say had he

been permitted:—

“The bulls which by the practice of you and your Catiline, the

lively image of your heart, should by loud lowing, have called

all his calves together with a preparation to band against our

sovereign, at the first break of day, and to have cropped those

sweet olive-buds that environ the regal seat, did more good

than hurt, as it happened, by calling in a third bull, which

was Bull the hangman, to make a speedy riddance and dispatch of

this forlorn fellowship.”[66]

Bull is also mentioned in “Tarlton’s Jests.”

Either before or after Bull came Derrick, hangman in the reign of James

I. He is mentioned in Dekker’s “Bellman of London,” 1608, and was famous;

for half a century later his name was a term of abuse.[67] It is said

that in some way, not clear, he gave his name to the form of crane known

as a derrick.

According to the Dictionary of National Biography, Derrick was succeeded

by Gregory Brandon. When Cunningham wrote there was a tradition that

Brandon was of good family, and had a grant of arms. But it has since

been found that the story had no better foundation than a practical joke:—

=January, 1617.= “York Herald played a trick on Garter

King-at-Arms, by sending him a coat of arms drawn up for

Gregory Brandon, said to be a merchant of London, and

well-descended, which Garter subscribed, and then found that

Brandon was the hangman; Garter and York are both imprisoned,

one for foolery, the other for knavery.”[68]

Gregory was succeeded by his son Richard, famous as the executioner of

Charles I.

After him came Lowen, an obscure hangman, known only by mention in the

account of an execution.[69]

Later came Edward Dun, known as “Esquire Dun,” mentioned in Butler’s

“Hudibras” (pt. iii. c. ii. l. 1534). He was followed by the most famous

of all the hangmen of Tyburn, Jack Ketch, hangman from about 1663 to

1686. In January of this year he was for a time superseded by Pascha

Rose, a butcher, who was hanged at Tyburn, on May 28th, when Ketch

resumed office. Ketch is twice mentioned in Dryden, in the epilogue to

the Duke of Guise:—

“Jack Ketch, says I’s, an excellent physician,”

and again in “The Original and Progress of Satire”:—

“A man may be capable, as Jack Ketch’s wife said of his

servant, of a plain piece of work, a bare hanging: but to make

a malefactor die sweetly, was only belonging to her husband.”

Dr. Murray’s Dictionary attributes something of Ketch’s fame to his

introduction into the “puppet-play of Punchinello introduced from Italy

shortly after his death”: but Cunningham quotes from the Overseers’

Books of St. Martin’s-in-the-Fields entries of sums “received of

Punchinello the Italian popet player, for his Booth at Charing-cross,”

in March, 1666. But something of his notoriety was due to his bungling

in the executions of Lord Russell in 1683, and of the Duke of Monmouth

in 1685. As to Lord Russell, “Ketch the executioner severed his head

from his body at three strokes, very barbarously.”[70] It was worse with

Monmouth:—

“He sayd to the executioner, ‘Here are six guinies for you.

Pray doe your business well: don’t serue me as you did my Lord

Russell. I haue heard you strooke him three or fower tymes.

Here (to his seruant), take these remaininge guinies, and giue

them to him if he does his worke well.’ And to the executioner

he sayd, ‘If you strike me twice I cannot promise you not to

stirr.’ Then he lay downe, and soone after raised himselfe vpon

his elbowe, and sayd to the executioner, ‘Prithee, let me feele

the ax.’ He felt the edge, and sayd, ‘I feare it is not sharpe

enough.’ Then he lay downe, the Diuines prayinge earnestly for

the acceptance of his repentance, his imperfect repentance, and

commended to God his soule and spirit. Soe the executioner did

his work: but I heare he had fiue blowes. Soe he died.”[71]

As recorded in the Annals, John Price, the Tyburn hangman, was executed

in Bunhill-Fields for murder in 1718.

In August, 1721, John Meff was executed at Tyburn. At a previous date,

not mentioned, he had been condemned to death for housebreaking, but, as

he was going to Tyburn, the hangman, bearing the generic name of “Jack

Ketch,” was arrested. What became of him is not told, but he probably

came to a bad end.

In May, 1736, “Jack Ketch,” on his return from doing his office at

Tyburn, robbed a woman of 3s. 6d., for which he was committed to Newgate.

History is silent as to his fate.

In 1750, the hangman, John Thrift, was condemned for killing a man in a

quarrel. His sentence was commuted to one of transportation for fourteen

years. He was finally pardoned, and in September “resumed the exercise

of his office.” “‘Old England,’ September 22, hints, that having become

obnoxious to the Jacobites, for his celebrated operations on Tower-Hill

and Kennington-Common, he was pardoned _in terrorem_, and to mortify

them.”[72]

In 1780, Edward Dennis, the hangman, was condemned for taking part in

the No Popery riots. He was respited. Dickens has introduced Dennis as a

personage in his story of “Barnaby Rudge.”

It will be seen that out of the few hangmen of Tyburn whose names have

come down to us, several ended their useful lives on the gallows, having

failed to profit personally by the lessons they were employed by the

State to teach.

There was a strange superstition connected with the gallows: what it was

will be understood from the following:—

A man having been hanged at Tyburn, on May 4, 1767, “a young

woman, with a wen upon her neck, was lifted up while he was

hanging, and had the wen rubbed with the dead man’s hand, from

a superstitious notion that it would effect a cure.”

This case is not the only one of its kind on record.[73]

Tyburn is responsible for a few slang expressions. “A Tyburn ticket” was

a certificate exempting from parish duties the successful prosecutor of a

malefactor. “A Tyburn blossom” was a young pickpocket. “A Tyburn check”

was a rope. “A Tyburn tippet” was a halter. Latimer did not disdain to

use this word in his great sermons.

The gallows was known as “Deadly Never-green,” the “Three-legged Mare,”

the “Three-legged Stool.”

AFTER TYBURN.

What became of the bodies of those done to death at Tyburn? Some were

quartered, parboiled, and stuck up on the gates of the city or elsewhere,

as the king might direct. These would be but few out of the great total.

For two centuries there was regular provision for the decent burial of

executed persons, in the circumstances mentioned by Stow.

Stow tells how, in 1348, Ralph Stratford, Bishop of London, bought a

piece of ground, called “No Man’s Land,” which he enclosed with a wall of

brick, and dedicated for burial of the dead: this was Pardon churchyard.

In the following year Sir Walter Manny bought thirteen acres of land

adjoining, and here were buried more than fifty thousand persons who died

of the frightful pestilence then raging, known as the Black Death. In

1371 Sir Walter founded here the Charterhouse, giving to the monastery

the thirteen acres, and also the three acres adjoining, which “remained

till our time by the name of Pardon churchyard, and served for burying

of such as desperately ended their lives, or were executed for felonies,

who were fetched thither usually in a close cart, bailed over and covered

with black, having a plain white cross thwarting, and at the fore end a

St. John’s cross without, and within a bell ringing by shaking of the

cart, whereby the same might be heard when it passed: and this was called

the friary cart, which belonged to St. John’s, and had the privilege of

sanctuary.”[74]

“It remained till our time,” says Stow, and this is one of those passages

telling what Stow had seen—passages that give so vivid an interest to his

story of London.

In the Grey Friars’ Chronicle we find an instance of the burial in Pardon

churchyard of persons executed at Tyburn:—

“=1537.= Also this yere the xxv day of Marche the Lyncolnechere

men that was with bishoppe Makerelle was browte owte of Newgate

vn-to the yelde-halle [Guildhall] in roppys, and there had

their jugment to be drawne, hongyd, and heddyd, and qwarterd,

and soo was the xxix of Marche after, the wyche was on Maundy

Thursdaye, and alle their qwarteres with their heddes was

burryd at Pardone churche-yerde in the frary.”[75]

From Stow’s account of the execution, quoted in the Annals, we learn that

the number of Lincolnshire men executed on this occasion was twelve.

The priory of St. John’s was dissolved in 1540, and with it went the

friary cart.

After this, and also before the suppression of the friary cart, bodies

were brought back by friends for interment in the parish churchyard. Here

is a case in which a body so brought back was refused burial:—

One Awfield had been condemned and executed at Tyburn for “sparcing

abrood certen lewed, sedicious, and traytorous bookes. His body was

brought into St. Pulchers to be buryed, but the parishioners would not

suffer a Traytor’s corpes to be layed in the earthe where theire parents,

wyeffs, chyldren, kynred, maisters, and old neighbors did rest: and so

his carcase was retourned to the buryall grounde neere Tyborne, and there

I leave yt.”[76]

But many of the poor wretches hanged had no friends who would be at the

charge of interment. The demands of the surgeons would be soon satisfied;

with how little ceremony the residue would be treated we may learn from

the narrative of Richardson, given in the Annals (1741).

We read of two priests and sixteen felons executed at the same time, in

1610, being all thrown together into a pit. The stories of bones found in

the neighbourhood of the gallows may probably be referred to forgotten

burial places or to pits into which, after a busy day’s work, a score of

bodies would be tumbled.[77]

Strype, in his edition of Stow’s “Survey,” has a weird story of the

finding of four embalmed heads in Blackfriars, in clearing away rubbish

after the Great Fire of 1666:—

“They came to an old Wall in a Cellar, of great thickness,

where appeared a kind of Cupboard. Which being opened, there

were found in it four Pots or Cases of fine Pewter, thick,

with Covers of the same, and Rings fastened on the top to take

up or put down at pleasure. The Cases were flat before, and

rounding behind. And in each of them were reposited four humane

Heads [he means one in each case; the margin has “Four Heads”],

unconsumed, reserved as it seems, by Art; with their Teeth and

Hair, the Flesh of a tawny Colour, wrap’d up in black Silk,

almost consumed. And a certain Substance, of a blackish Colour,

crumbled into Dust, lying at the bottom of the Pots.

“One of these Pots, with the Head in it, I saw in October,

1703, being in the Custody of Mr. Presbury, then Sope-maker

in Smithfield. Which Pot had inscribed in the inside of the

Cover, in a scrawling Character (which might be used in the

times of Henry VIII) J. CORNELIUS. This Head was without any

Neck, having short red Hair upon it, thick, and that would not

be pulled off; and yellow Hair upon the Temples; a little bald

on the top (perhaps a Tonsure) the forepart of the Nose sunk,

the Mouth gaping, ten sound Teeth, others had been plucked out;

the skin like tanned Leather, the Features of the Face visible.

There was one Body found near it buried, and without an Head;

but no other Bodies found. The other three Heads had some of

the Necks joined to them, and had a broader and plainer Razure:

which shewed them Priests. These three Heads are now dispersed.

One was given to an Apothecary; Another was intrusted with the

Parish Clerk; who it is thought got Money by shewing of it. It

is probable they were at last privately procured, and conveyed

abroad; and now become Holy Relicks.

“Who these were, there is no Record, as I know of; nor had any

of them Names inscribed but one. To me they seem to have been

some zealous Priests or Friers, executed for Treason; whereof

there were many in the Rebellion in Lincolnshire, An. 1538, or

for denying the King’s Supremacy, And here privately deposited

by these Black Friers” (book iii. p. 191).

Through the later researches of Dr. Challoner, we now know the story

relating to one of these heads. John Cornelius, or Mohun, was born of

Irish parents in Bodmin. He studied at Oxford, but not adopting the new

religion, went afterwards to Rheims, and later to Rome. He was sent

upon the English mission, in which he laboured for about ten years. He

was apprehended in April, 1594, in the house of the widow of Sir John

Arundel, on the information of a servant of the house. Mr. Bosgrave, a

kinsman of Sir John Arundel, seeing him hurried away without a hat, put

his own hat on the priest’s head; for this he was arrested. Two servants

of the family, Terence Carey and Patrick Salmon, were also arrested.

Cornelius was sent to London, and there racked to make him give up the

names of Catholics who had harboured him. Refusing to make any discovery,

he was sent back into the country, tried, and, with his three companions,

executed at Dorchester on July 2, 1594. The three were simply hanged:

Cornelius, as guilty of high treason, was drawn, hanged, and quartered.

His head was nailed to the gallows, but afterwards removed at the

instance of the town. His quarters were buried together with the bodies

of his companions. Dr. Challoner does not tell how the head of Cornelius

was recovered by friends, nor does he say anything more of the others. It

is probable that the three other heads of Strype’s account were those of

the companions of Cornelius (“Memoirs of Missionary Priests,” part i.,

pp. 157-60).

The _Times_ of May 9, 1860, contained a letter from Mr. A. J. Beresford

Hope, living in the house at the south-west corner of Edgware Road,

stating that in the course of excavations made close to the foot-pavement

along the garden of his house, “numerous human bones” were discovered. He

says: “These are obviously the relics of the unhappy persons buried under

the gallows.” If this was so, they must have been the bones of Cromwell,

Ireton, or Bradshaw, buried under the gallows.

ORIGIN AND SITE OF THE TYBURN GALLOWS

As has already been said, the earliest mention of Tyburn in connection

with executions is in 1196, when William FitzOsbert, known as

“Longbeard,” was hanged here: with probability we can refer to the site

an execution taking place a few years earlier. How far back can we, in

the absence of records, conjecturally place the dedication of Tyburn to

executions? We can say, with a high degree of probability, that Tyburn

was not established till after the Conquest, and, further, not till after

the death of the Conqueror.

Hanging was not greatly in favour with those whom we must, in spite of

objections, call the Anglo-Saxons. Various fanciful definitions of Time

have been given. According to Goethe, it is on the roaring loom of Time

that the Earth-Spirit weaves the living garments of God. According to

Carlyle, Time is the outer veil of Eternity. These poetical definitions

seem to have little or no practical value. They would convey nothing,

for instance, to the time-keeper of a wharf or great warehouse. It has

been reserved for our race to give a definition of real solid value:

“Time is money.” The phrase, revealing in three words the soul of a

people, has gone the round of the world in its native tongue, hailed

from pole to pole as the final definition of Time. We might look with

confidence to find in the origins of a people alone capable of making

this supreme discovery instances of this practical outlook on the

universe. We shall not be disappointed. The laws of our forefathers,

based on this commercial view, were administered, with a strict eye to

business, on the joint-stock or co-operative principle. To kill a man

was mere waste, if money could be screwed out of him or out of those who

could be made responsible for him. “Business is Business.” Every man—in

a sense different from that in which Walpole used the words—every man

had his price. Men, according to rank, were carefully appraised: a man’s

“were” was so much, his “wite” so much. A murderer must pay these sums,

or they must be paid by those responsible for him. And not only every

man, but every part of each man had its price. One sees in encyclopædias

of domestic economy, prepared for the instruction of young and thrifty

housekeepers, diagrams setting out the differences in value of such and

such parts of an ox, a sheep, or of “a side” of bacon. Such a chart for

use by an Anglo-Saxon dispenser of justice would have had to be executed

on a large scale. The human body was divided into thirty-four parts, upon

each of which was placed a fixed value. It is needless to give here all

the thirty-four categories; it will be sufficient to set out the prices

to be paid for injuries to the arm and hand:—

“If the arm-shanks be both broken, the bōt is xxx shillings.

If the thumb be struck off, for that shall be xxx shillings as

bōt. If the nail be struck off, for that shall be v shillings

as bōt.

If the shooting (_i.e._, fore-) finger be struck off, the bōt

is xv shillings: for its nail it is iv shillings.

If the middlemost finger be struck off, the bōt is xii

shillings, and its nail’s bōt is ii shillings.

If the gold (_i.e._, ring-) finger be struck off, for that

shall be xvii shillings as bōt, and for its nail iv shillings

as bōt.

If the little finger be struck off, for that shall be as bōt

ix shillings, and for its nail one shilling, if that be struck

off.”[78]

The authors of a code so thoroughly commercial in spirit naturally

regarded theft as the worst of crimes, and hanging was probably common

for this offence, if the thief could not redeem himself. Thus we read in

the laws of Æthelstan: “That no thief be spared over xii pence, and no

person over xii years, who we learn, according to folk-right, that he is

guilty, and can make no denial: that we slay him and take all that he

has.”[79]

William the Conqueror abolished capital punishment. For this he has been

highly eulogised by Mr. J. R. Green, who writes of “strange touches of

a humanity far in advance of his age,” of “his aversion to shed blood

by process of law.” But he omits to tell us that for the punishment

of death William substituted punishments which, as Mr. Freeman justly

says, “according to modern ideas were worse than death.” It is indeed

“a strange touch of humanity” which prescribed the tearing out of a

man’s eyes and the lopping off of his limbs. A terrible picture of a

land haunted by sightless and maimed trunks is conjured up by the words

of William’s law, “so that the trunk may remain alive as a sign of its

crimes.”[80]

The penalty for breach of this law, confiscation of all the offender’s

property, was so severe that we may well believe that capital punishment

was actually abolished during the reign of William.

It appears that capital punishment was re-instituted by Henry I. in

1108, and there seems no reason for doubting the statement, though the

evidence was not wholly accepted by Sir James Fitzjames Stephen.

“The English king, Henry, established his peace and settled

law, by which, if any one was taken in theft or robbery, he

should be hanged.”[81]

The institution of the gallows of Tyburn probably dates from this time.

The origin of Tyburn is certainly Norman; its early name, “The Elms,”

testifies to this, for among the Normans the elm was the tree of justice.

Here is the record of a symbolic elm so famous that its fall awakened an

echo in the distant scriptorium of Peterborough:—

Tyburn Tree: Its History and Annals · 第 3 / 22 段