The Phrase Probably Arose from the
Administration of Off-Hand Judgments
of a Colonial Planter.
The application of summary punishment without authority of law is known in
our country as Lynch law. The origin of the term is somewhat obscure. Here
is one explanation:
Lynch law takes its name from the stern and summary act of
one James Lynch Fitz-Stephen, a merchant of the Irish town
of Galway, and, in 1526, its mayor or warden. The son of
this Lynch Fitz-Stephen, having committed a foul murder, his
father, exercising his authority as warden, had him arrested
and brought for trial before himself.
The father, on conviction, Brutus-like, sentenced the son to
death, and fearing a rescue from the prison, caused him to
be brought home and to be hanged before his own door.
More or less apocryphal is this story from Ireland. The explanation most
generally accepted refers the term back to a planter who lived in what is
now known as the Piedmont country of Virginia.
At the time his district was the western frontier, and
having no law of its own, and being seven miles from the
nearest court of criminal jurisdiction, controversies were
constantly referred to men of sound judgment and
impartiality, whose decisions were regarded as final.
Prominent among these was Charles Lynch. His awards
exhibited so much justice, judgment, and impartiality, that
he was known throughout the country as Judge Lynch.
In the course of time criminals were brought before him, and
he awarded such punishment as he considered just and
proper.
There were other persons, in different districts, who acted
as arbitrators, and who awarded punishments; but Judge Lynch
was the most conspicuous, and consequently the system took
his name, and was called Lynch law. This was a compliment to
his integrity and high character.
In England Lynch law was formerly called Lydford law. In Scotland it was
known as Cowper law.