The jury then asked for pen, ink, and paper, and the request being

complied with, they again retired, returning after a brief interval with

their verdict in writing. They found Penn "guilty of speaking or preaching

to an assembly met together in Gracechurch Street," and Mead not guilty.

"Gentlemen," said the Recorder, regarding the jury angrily, "you shall not

be dismissed till we have a verdict that the court will accept; and you

shall be locked up, without meat, drink, fire, and tobacco. You shall not

think thus to abuse the court. We will have a verdict, or you shall starve

for it."

Penn protested against this course, upon which the Recorder ordered the

officers of the court to stop his mouth or remove him. The jury not

leaving their box, the Recorder again directed them to retire and

re-consider their verdict. Penn made a spirited remonstrance. "The

agreement of twelve men," said he, "is a verdict in law, and such a one

having been given by the jury, I require the clerk of the peace to record

it, as he will answer at his peril. And if the jury bring in another

verdict contradictory to this, I affirm they are perjured men in law. You

are Englishmen," he added, turning to the jury, "mind your privilege; give

not away your right." The court then adjourned to the following morning,

when the prisoners were brought to the bar, and the jury, who had been

locked up all night, were sent for. They were firm of purpose, and through

their foreman persisted in their verdict.

"What is this to the purpose?" demanded the Recorder, "I will have a

verdict." Then addressing a juror, named Bushel, whom he had threatened on

the previous day, he said, "you are a factious fellow; I will set a mark

on you, and whilst I have anything to do in the city, I will have an eye

on you."

Penn again protested against the jury being threatened in this manner,

upon which the Lord Mayor ordered that his mouth should be stopped, and

that the gaoler should bring fetters and chain him to the floor; but it

does not appear that this was done. The jury were again directed to retire

and bring in a different verdict, and they withdrew under protest, the

foreman saying, "We have given in our verdict, and all agreed to it; and

if we give in another, it will be a force upon us to save our lives."

According to the narrative written by Penn and Mead, and quoted in

Forsyth's "History of Trial by Jury," this scene took place on Sunday

morning, and the court adjourned again to the following day, when, unless

they were supplied with food surreptitiously, they must have fasted since

Saturday. The foreman gave in their verdict in writing, as before, to

which they had severally subscribed their names. The clerk received it,

but was prevented from reading it by the Recorder, who desired him to ask

for a "positive verdict."

"That is our verdict," said the foreman. "We have subscribed to it."

"Then hearken to your verdict," said the clerk. "You say that William Penn

is not guilty in manner and form as he stands indicted; you say that

William Mead is not guilty in manner and form as he stands indicted; and

so say you all."

The jury responded affirmatively, and their names were then called over,

and each juror was commanded to give his separate verdict, which they did

unanimously.

"I am sorry, gentlemen," the Recorder then said, "you have followed your

own judgments and opinions, rather than the good and wholesome advice

which was given you. God keep my life out of your hands! But for this the

court fines you forty marks a man, and imprisonment till paid."

Penn was about to leave the dock, but was prevented from doing so, upon

which he said, "I demand my liberty, being freed by the jury."

"You are in for your fines," the Lord Mayor told the prisoners.

"Fines, for what?" demanded Penn.

"For contempt of court," replied the Lord Mayor.

"I ask," exclaimed Penn, "if it be according to the fundamental laws of

England, that any Englishman should be fined or amerced but by the

judgment of his peers or jury; since it expressly contradicts the

fourteenth and twenty-ninth chapters of the Great Charter of England,

which say, 'No freeman ought to be amerced but by the oath of good and

lawful men of the vicinage.'"

"Take him away," cried the Recorder.

"They then," continues the narrative, "hauled the prisoners into the

bail-dock, and from thence sent them to Newgate, for non-payment of their

fines; and so were their jury. But the jury were afterwards discharged

upon an _habeas corpus_, returnable in the Common Pleas, where their

commitment was adjudged illegal." Even then, judges appear to have

remained unconvinced of the illegality of the practice, or stubborn in

their desire to enforce their own views or wishes upon juries; for the

question was not regarded as finally settled until the decision in the

Court of Common Pleas was clinched, in the same year, by a similar

judgment of the Court of King's Bench.

Barbarous Punishments.

BY SIDNEY W. CLARKE.

That the world has become more merciful as it has grown older, is a truism

at once apparent to anyone who gives even a cursory glance at any of the

numerous works dealing with the criminal laws of the olden time. Still the

approach to the most excellent quality has been regretably and painfully

slow, and it is surely a stain on the boasted enlightenment of the

nineteenth century, that the century had run through nearly three-fourths

of its existence before the terrible and vindictive punishment of drawing

and quartering disappeared from our statute book. In most States the early

laws have been of a blood-thirsty and fear-inspiring nature, but what

excuse can be urged for the fact that until the fourth day of July, in the

year of Grace 1870, the punishment ordained by law for the crime of high

treason, was that the unfortunate offender should be drawn on a hurdle to

the place of execution, there to be hanged by the neck till he be dead;

that his head be severed from his body; that his body be divided into four

quarters; and that his head and quarters be at the disposal of the Crown.

In Blackstone's time the sentence was still more savage, or, as the great

Commentator puts it, "very solemn and terrible." It was that the offender

be drawn to the gallows, and not be carried or walk; "though usually,"

says Blackstone, "by connivance, at length ripened by humanity into law, a

sledge or hurdle was allowed to preserve the offender from the extreme

torment of being dragged on the ground or pavement;" that he be hanged by

the neck and then cut down alive; that his entrails be taken out, and

burned before his eyes, while he was still alive; that his head be cut

off, his body be divided into four parts, and his head and quarters be at

the King's disposal. What our tender-hearted monarchs did with the

quivering pieces of flesh let the stones of Temple Bar, the City Gates,

and the Tower bear witness. Here are a couple of extracts from that

perennial fountain of information, the diary of Mr. Samuel Pepys. Under

date of October 13th, 1660, he writes, "I went out to Charing Cross to see

Major-General Harrison," one of the regicides, "hanged, drawn, and

quartered, which was done there, _he looking as cheerful as any man could

do in that condition_." Note the grim humour of the words in italics. "He

was presently cut down, and his head and heart shown to the people, at

which there was great shouts of joy." Again, on October 20th, in the same

year:--"This afternoon going through London and calling at Crowe's, the

upholsterer's, in St. Bartholomew's, I saw the limbs of some of our new

traytors set upon Aldersgate, which was a sad sight to see; and a bloody

week this and the last have been, there being ten hanged, drawn, and

quartered."

It will be observed that the masculine gender is used in the foregoing

sentences for high treason; for, if the offender was a woman, the law with

a delicacy (!) one would hardly have expected, recognised that "the

decency due to the sex forbids the exposing and publicly mutilating their

bodies;" so a woman was simply to be drawn to the gallows, and there

burned alive. And these punishments for treason Sir Edward Coke attempted

to justify on Scriptural grounds, adding "it is punishment undoubtedly

just, for our liege lord the King is lord of every one of our members,

and they have severally conspired against him, and should each one

suffer." Evidently justice has not always spelt humanity.

Another of the horrible punishments decreed by English law was that of

boiling to death, which in the reign of Henry VIII. was inflicted for

poisoning, and recalls the most cruel tortures of China and the Orient,

where slicing to death and impalement alive are or were common forms of

punishment. The awful fate of being boiled alive was specially devised for

the benefit of John Roose, a cook, who had been convicted of throwing

poison into a pot of broth intended for the family of the Bishop of

Rochester and for the poor of the Parish; in 1542, Margaret Davey suffered

the same lingering death at Smithfield. So fearful were our ancestors of

poison, that in Scotland, in 1601, Thomas Bellie, a burgess of Brechin,

and his son were banished for life by the High Court of Justiciary, for

the heinous offence of poisoning a couple of troublesome hens belonging to

a neighbour. Even the laws of Draco, said on account of their severity to

have been written not in ink but in blood, can scarcely compete with these

examples of British barbarity.

Among the Romans strangulation, precipitation from a rocky height (a mode

of carrying out the death sentence still found amongst savage tribes), and

lashing to death were forms of punishment. Soldiers guilty of military

offences had to run the gauntlet. Upon a given signal all the soldiers of

the legion to which the offender belonged fell upon him with sticks and

stones, and generally killed him on the spot. If, however, he succeeded in

making his escape, he was thenceforth an exile from his native country.

Offending slaves were first scourged and then crucified. They were

compelled to carry the cross to the place of execution, and after being

suspended were left to perish by slow degrees. Crucifixion was abolished

throughout the Roman Empire by Constantine, out of reverence to the sacred

symbol. Other cruel punishments were burning alive, exposure to wild

animals, and condemnation to fight as gladiators in the arena for the

amusement of the citizens. The second of these modes of death, for death

was the invariable result, was the one usually meted out to the early

Christians--"If the Tiber overflows its banks; if there be a famine or

plague; if there be a cold, a dry, or a scorching season; if any public

calamity overtakes us; the universal cry of the people is--"To the lion

with the Christians _Christiani ad leonem_!"

Parricide was punished in a strange manner. The criminal, after being

scourged, was tied or sewed up in a leather bag, with a dog, a cock, a

viper, and an ape to keep him company, and so cast into the sea. The

Egyptians punished the same offence by sticking the prisoner all over with

pointed reeds, and then throwing him upon a fire of burning thorns, where

he lay till he was consumed.

With most nations the _Lex talionis_, or punishment of retaliation--an eye

for an eye, a limb for a limb--has found a place in the penal system. It

was not, indeed, always carried out to its logical conclusion, but rather

became the subject of many subtle distinctions. Among the Athenians, Solon

decreed that whoever put out the eye of a one-eyed person should for so

doing lose both his own. But what, it was asked, should be done where a

one-eyed man happened to put out one of his neighbour's eyes? Should he

lose his only eye by way of retaliation? If so, he would then be quite

blind, and would so suffer a greater injury than he had caused. The law of

the Jews and Egyptians compelled anyone, who without lawful excuse was

found with a deadly poison in his possession, to himself swallow the

poison. An instance of a kind of _lex talionis_ in our own country is

found in the reign of Edward I., when incendiaries were burnt to death.

Another example is that, from the reign of Henry VIII. to that of George

IV., to strike a blow and draw blood within the precincts of the King's

palace, entailed on the offender the loss of his right hand. Here are some

of the regulations prescribed by the statute 33 Henry VIII., chapter 12,

for the infliction of the punishment:--

"viii. And for the further declaration of the solemn and due

circumstance of the execution appertaining and of long time used and

accustomed, to and for such malicious strikings, by reason whereof

blood is, hath been, or hereafter shall be shed against the King's

peace. It is therefore enacted by the authority aforesaid, that the

Sergeant or Chief Surgeon for the time being, or his deputy of the

King's household, his heirs and successors, shall be ready at the time

and place of execution, as shall be appointed as is aforesaid, to sear

the stump when the hand is stricken off.

"ix. And the Sergeant of the Pantry shall be also then and there ready

to give bread to the party that shall have his hand so stricken off.

"x. And the Sergeant of the Cellar shall also be then and there ready

with a pot of red wine to give the same party drink after his hand is

so stricken off and the stump seared.

"xi. And the Sergeant of the Ewry shall also be then and there ready

with cloths sufficient for the Surgeon to occupy about the same

execution.

"xii. And the Yeoman of the Chandry shall also be then and there, and

have in readiness seared cloths sufficient for the Surgeon to occupy

about the same execution.

"xiii. And the Master Cook shall be also then and there ready, and

shall bring with him a dressing-knife, and shall deliver the same

knife at the place of execution to the Sergeant of the Larder, who

shall be also then and there ready, and hold upright the

dressing-knife till execution be done.

"xiv. And the Sergeant of the Poultry shall be also then and there

ready with a cock in his hand, ready for the Surgeon to wrap about the

same stump, when the hand shall be so stricken off.

"xv. And the Yeoman of the Scullery to be also then and there ready,

and prepare and make at the place of execution a fire of coals, and

there to make ready searing-irons against the said Surgeon or his

deputy shall occupy the same.

"xvi. And the Sergeant or Chief Ferror shall be also then and there

ready, and bring with him the searing-irons, and deliver the same to

the same Sergeant or Chief Surgeon or to his deputy when they be hot.

"xvii. And the Groom of the Salcery shall be also then and there ready

with vinegar and cold water, and give attendance upon the said Surgeon

or his deputy until the same execution be done.

"xviii. And the Sergeant of the Woodyard shall bring to the said place

of execution a block, with a betil, a staple, and cords to bind the

said hand upon the block while execution is in doing."

In addition to losing his hand, the unfortunate offender was imprisoned

for life. It was not until 1829 that this punishment was abolished, after

having been in existence for a period of 287 years.

A curious mode of punishment, intended to make its victim the object of

popular ridicule, was in vogue in the ancient German Empire, where persons

who endeavoured to create tumults and to disturb the public tranquility

were condemned to carry a dog upon their shoulders from one large town to

another.

The penal laws of France were every wit as inhuman as our own--burning

alive, breaking on the wheel, hanging, beheading, and quartering were

common forms of punishment. Awful atrocities were committed on living

victims, such as tearing off the flesh with red-hot pincers, pouring

molten lead and brimstone into the wounds, and cutting out the tongue. The

following is the sentence passed upon Ravaillac, the assassin of Henry

IV., in 1610:--He was first to be privily tortured and then carried to

the place of execution. There the flesh was to be torn with red-hot

pincers from his breasts, his arms and thighs, and the calves of his legs;

his right hand, holding the knife wherewith he committed his crime, was to

be scorched and burned with flaming brimstone; on the places where the

flesh had been torn off a mixture of melted lead, boiling oil, scalding

pitch, wax, and brimstone was to be poured; after this he was to be torn

in pieces by four horses, and his limbs and body burned to ashes and

dispersed in the air. His goods and chattels were confiscated; the house

in which he was born was pulled down; his father and mother were banished,

and his other relatives commanded to change the name of Ravaillac for some

other. This sentence was not, surely, a vindication of outraged justice,

but rather a purile and barbarous legal revenge.

To return to the laws of our own country. Mutilation of one sort or

another was long a favourite mode of punishment; pulling out the tongue

for slander, cutting off the nose for adultery, emasculation for

counterfeiting money, and so on. In Foxe's "Book of Martyrs" there is an

account of a miracle which was worked on the person of a mutilated

criminal. A Bedfordshire man was convicted of theft, and for his crime

his eyes were pulled out and other abominable mutilations were inflicted

on him. The sufferer repaired to the shrine of St. Thomas at Canterbury,

where after devout and steadfast prayer the parts he had lost were, so we

are told, miraculously restored. Anyone who fought with weapons in a

church had an ear cut off, or if he had already lost both his ears was

branded in the cheek with the letter F.

By an Act passed in the reign of Queen Elizabeth, the punishment for

forgery was that the offender should stand in the pillory and have his

ears cut off by the common hangman, his nostrils slit up and seared, and

then suffer imprisonment for life. In 1731 Joseph Cook, aged 70 years,

underwent this punishment, the mutilation taking place while he stood in

the pillory at Charing Cross.

The Coventry Act (22-23 Charles II., chapter 1.) was passed in consequence

of Sir John Coventry having been assaulted in the street and his nose

slit, out of revenge as was supposed. It enacted that if any person should

of malice, aforethought, and by lying in wait, cut out or disable the

tongue, put out an eye, slit the nose, or cut off or disable any limb or

member of any other person, with intent to maim or to disfigure him, such

person, his councillors, aiders, and abettors, should be guilty of felony

without benefit of clergy, which implied the punishment of death. This Act

was not repealed until 1828, and resulted in at least one curious case. In

1772, one Coke and a labourer named Woodburn were indicted under the

Act--Coke for hiring and abetting Woodburn, and Woodburn for the actual

offence of slitting the nose of one Crispe, who was Coke's brother-in-law.

The intention of the accused was to murder Crispe, and they left him for

dead, having terribly hacked and disfigured him with a hedge-bill, but he

recovered. An attempt to murder was not then a felony, but under the

Coventry Act to disfigure with an intent to disfigure was; and the accused

were indicted for the latter offence. Coke, in the course of his defence,

raised the point that the attack on Crispe was made with intent to murder

him and not with intent to disfigure, therefore, he contended, the offence

was not within the statute under which he was indicted. But the court held

that if a man attacked another intending to murder him, with such an

instrument as a hedge-bill, which could not but endanger a disfiguring of

the victim, and in such attack happened not to kill but only to

disfigure, he might be indicted for disfiguring. The jury found the

prisoners guilty, and they were condemned and duly executed.

The laws for the protection of trade decreed many cruel punishments. Thus,

in the reign of Elizabeth, an Act passed for the encouragement of the

woollen industry prescribed that the penalty for taking live sheep out of

the country should be forfeiture of goods, imprisonment for a year, and

that at the end of the year the left hand of the prisoner should be cut

off in a public market, and be there nailed up in the most public place. A

second offence was punishable with death. By statute 21 James I. chapter

19, anyone unfortunate enough to become a bankrupt was nailed by one ear

to the pillory for two hours, and then had the ear cut off. Under the

Romans a bankrupt was treated still more unmercifully, for at the option

of his creditors he was either cut to pieces or sold to foreigners beyond

the Tiber.

A longstanding disgrace to the intelligence and humanity of our countrymen

was the fact that in former times burning alive was the inevitable fate of

poor wretches convicted of witchcraft, the penal laws against which were

not repeated until 1736. So late as 1712, five so called witches were

hung at Northampton, and in 1716 Mrs. Hicks, and her daughter, aged nine,

were condemned to death at Huntingdon for selling their souls to the

devil. Even children of tender years were not spared, but with their

elders alike fell victims to our law's barbarity; there are many recorded

instances of children under ten years of age being executed. In Scotland

the last execution for witchcraft took place in 1722.

Space will not permit any attempt to run through the whole gamut of legal

iniquities; at most we can only attempt a very incomplete catalogue of the

inhumanities at one time or another incident to our penal codes, and with

a final horror we must bring this article to an end. The punishment with

which we are now about to deal, that of pressing to death, _peine forte et

dure_ as it was called, is perhaps the most noteable example of the former

barbarity of our law, since it was inflicted before trial on innocent and

guilty alike, who refused to plead "Guilty" or "Not Guilty" to an

indictment for felony. What this punishment was, which was first

instituted in 1406, can best be told by giving the form of the judgment of

the court against the person who refused to plead:--That the prisoner

shall be remanded to the place from whence he came, and put in some low,

dark room, and that he shall lie without any litter or other thing under

him, and without any manner of covering; that one arm shall be drawn to

one quarter of the room with a cord and the other to another, and that his

feet shall be used in the same manner; and that as many weights shall be

laid upon him as he can bear, and more; that he shall have three morsels

of barley bread a day, and that he shall have the water next the prison,

so that it be not current; and that he shall not eat the same day on which

he drinks, nor drink the same day on which he eats; and that he shall

continue so till he die or answer.

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