Bygone Punishments.

by William Andrews.

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 pa.s.sing 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 ent.i.tled "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 ent.i.tling 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 circ.u.mstances relating to the a.s.sa.s.sination 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 cla.s.s.

A curious Derbyshire story is told, taking us back to Tudor times, ill.u.s.trating the strange superst.i.tions and the power exercised by the n.o.bility 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 t.i.tle 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 t.i.tle 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.

[Ill.u.s.tration: 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 trespa.s.sed 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 a.s.sembled 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 gla.s.s of ale.

After the hospital was dissolved the custom was continued at a public-house in the neighbourhood, and seldom did a cart pa.s.s 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 s.e.xton 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 pa.s.sed 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 pa.s.sing-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 a.s.sisted 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 a.s.sembled 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 a.s.sembling, 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 princ.i.p.al 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 h.o.a.ry 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 fort.i.tude, 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 ill.u.s.tration 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 pet.i.tioned 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.

[Ill.u.s.tration: EXECUTION OF EARL FERRERS AT TYBURN.

(_From a print of the period._)]