Bygone Punishments Part 6

Drowning.

Among the nations of antiquity, drowning was a very common mode of execution. Four-and-a-half centuries before the birth of Christ, the Britons inflicted death by drowning in a quagmire. In Anglo-Saxon times women found guilty of theft were drowned. For a long period in the Middle Ages, the barons and others who had the power of administering laws in their respective districts possessed a drowning pit and a gallows.

Drowning was a punishment of King Richard of the Lion Heart, who ordained by a decree that it should be the doom of any soldier of his army who killed a fellow-crusader during the pa.s.sage to the Holy Land.

The owner of Baynard's Castle, London, in the reign of John, had the power of trying criminals, and his descendants long afterwards claimed the privilege, the most valued of which was the right of drowning, in the Thames, traitors taken within the limits of his territory.[21]

Bearing on this subject the annals of Sandwich supply some important information. It is recorded, that in the year 1313, "a presentment was made before the itinerant Justices at Canterbury, that the prior of Christ Church had, for nine years, obstructed the high road leading from Dover Castle to Sandwich by the sea-sh.o.r.e by a water-mill, and the diversion of a stream called the Gestlyng, where felons condemned to death within the hundred should be drowned, but could not be executed that way for want of water. Further, that he raised a certain gutter four feet, and the water that pa.s.sed that way to the gutter ran to the place where the convicts were drowned, and from whence their bodies were floated to the river, and that after the gutter was raised the drowned bodies could not be carried into the river by the stream, as they used to be, for want of water."[22]

Drowning was not infrequently awarded as a matter of leniency, and as a commutation of what were considered more severe forms of death. We have an instance of such a case in Scotland in 1556, when a man who had been found guilty of theft and sacrilege was ordered to be put to death by drowning "by the Queen's special grace." At Edinburgh, in 1611, a man was drowned for stealing a lamb; and in 1623 eleven gipsey women were condemned to be drowned at Edinburgh in the Nor' Loch. On the 11th May, 1685, Margaret M'Lachlan, aged sixty-three years, and Margaret Wilson, a girl of eighteen years, were drowned in the waters of Blednoch, for denying that James VII. of Scotland was ent.i.tled to rule the Church according to his pleasure. Six years prior to this, namely, on the 25th August, 1679, a woman called Janet Grant was tried for theft, in the baronial court of Sir Robert Gordon, of Gordonston, held at Drainie, and pleaded guilty. She was sentenced to be drowned next day in the Loch of Spynie.

In France, drowning was a capital punishment as late as 1793, but in Scotland we do not trace it later than 1685, and in England it was discontinued about the commencement of the seventeenth century.

FOOTNOTES:

[21] Pike's "History of Crime in England," 1873.

[22] Boys's "History of Sandwich."

Burning to Death.

Burning to death was a frequent method of punishment in the barbarous days of many nations. In our own country it was used by the Anglo-Saxons as the penalty of certain crimes, and, as the ordinary punishment of witchcraft, it was maintained throughout the Middle Ages.

Burning alive was from early times the recognised method of uprooting heretical notions of religious belief of every cla.s.s. The first to suffer from this cause in England was Alban, who died at the stake in the year A.D. 304. Since his day, thousands have suffered death on account of their religious belief, through intolerance; but that is not a subject we intend dealing with at the present time.

We desire to direct attention to some of the cases of the burning alive of women for civil offences. This practice was considered by the framers of the law as a commutation of the sentence of hanging, and a concession made to the s.e.x of the offenders. "For as the decency due to the s.e.x,"

says Blackstone, "forbids the exposing and publicly mangling their bodies, their sentence (which is to the full as terrible to sensation as the other) is, to be drawn to the gallows, and there to be burnt alive;"

and he adds: "the humanity of the English nation has authorised, by a tacit consent, an almost general mitigation of such part of these judgments as savours of torture and cruelty, a sledge or hurdle being usually allowed to such traitors as are condemned to be drawn, and there being very few instances (and those accidental and by negligence) of any persons being disemboweled or burnt till previously deprived of sensation by strangling."

We gather from the annals of King's Lynn that, in the year 1515, a woman was burnt in the market-place for the murder of her husband. Twenty years later, a Dutchman was burnt for reputed heresy. In the same town, in 1590, Margaret Read was burnt for witchcraft. Eight years later, a woman was executed for witchcraft, and in the year 1616, another woman suffered death for the same crime. In 1791, at King's Lynn, the landlady of a public-house was murdered by a man let into the house at the dead of night by a servant girl. The man was hanged for committing the crime, and the girl was burnt at the stake for a.s.sisting the murderer to enter the dwelling.

There is an account of a burning at Lincoln, in 1722. Eleanor Elsom was condemned to death for the murder of her husband, and was ordered to be burnt at the stake. She was clothed in a cloth, "made like a s.h.i.+ft,"

saturated with tar, and her limbs were also smeared with the same inflammable substance, while a tarred bonnet had been placed on her head. She was brought out of the prison barefoot, and, being put on a hurdle, was drawn on a sledge to the place of execution near the gallows. Upon arrival, some time was pa.s.sed in prayer, after which the executioner placed her on a tar barrel, a height of three feet, against the stake. A rope ran through a pulley in the stake, and was placed around her neck, she herself fixing it with her hands. Three irons also held her body to the stake, and the rope being pulled tight, the tar barrel was taken aside and the fire lighted. The details in the "Lincoln Date Book" state that she was probably quite dead before the fire reached her, as the executioner pulled upon the rope several times whilst the irons were being fixed. The body was seen amid the flames for nearly half-an-hour, though, through the dryness of the wood and the quant.i.ty of tar, the fire was exceedingly fierce.

An instance in which the negligence of the executioner caused death to be unnecessarily prolonged is found in the case of Catherine Hayes, who was executed at Tyburn, November 3rd, 1726, for the murder of her husband. She was being strangled in the accustomed manner, but the fire scorching the hands of the executioner, he relaxed the rope before she had become unconscious, and in spite of the efforts at once made to hasten combustion, she suffered for a considerable time the greatest agonies.

Two paragraphs, dealing with such cases, are in the _London Magazine_ for July, 1735, and are as follow: "At the a.s.sizes, at Northampton, Mary Fawson was condemned to be burnt for poisoning her husband, and Elizabeth Wilson to be hanged for picking a farmer's pocket of thirty s.h.i.+llings."

"Among the persons capitally convicted at the a.s.sizes, at Chelmsford, are Herbert Hayns, one of Gregory's gang, who is to be hung in chains, and a woman, for poisoning her husband, is to be burnt."

In the next number of the same magazine, the first-mentioned criminal is again spoken of: "Mrs. Fawson was burnt at Northampton for poisoning her husband. Her behaviour in prison was with the utmost signs of contrition. She would not, to satisfy people's curiosity, be unveiled to anyone. She confessed the justice of her sentence, and died with great composure of mind." And also: "Margaret Onion was burnt at a stake at Chelmsford, for poisoning her husband. She was a poor, ignorant creature, and confessed the fact."

We obtain from Mr. John Glyde, jun., particulars of another case of burning for husband murder (styled petty treason). In April, 1763, Margery Beddingfield, and a farm servant, named Richard Ringe, her paramour, had murdered John Beddingfield, of Sternfield. The latter criminal was the actual murderer, his wife being considered an accomplice. He was condemned to be hanged and she burnt, at the same time and place, and her sentence was that she should "be taken from hence to the place from whence you came, and thence to the place of execution, on Sat.u.r.day next, where you are to be burnt until you be dead: and the Lord have mercy on your soul." Accordingly, on the day appointed, she was taken to Rushmere Heath, near Ipswich, and there strangled and burnt.[23]

Coining was, until a late period, an offence which met with capital punishment. In May, 1777, a girl of little more than fourteen years of age had, at her master's command, concealed a number of whitewashed farthings to represent s.h.i.+llings, for which she was found guilty of treason, and sentenced to be burnt. Her master was already hanged, and the f.a.gots but awaiting the application of the match to blaze in fury around her, when Lord Weymouth, who happened to be pa.s.sing that way, humanely interfered. Said a writer in the _Quarterly Review_, "a mere accident saved the nation from this crime and this national disgrace."

In Harrison's _Derby and Nottingham Journal_, for September 23rd, 1779, is an account of two persons who were several days previously tried and convicted for high treason, the indictment being for coining s.h.i.+llings in Cold Bath Field, and for coining s.h.i.+llings in Nag's Head Yard, Bishopsgate Street. The culprit in the latter case was a man named John Fields, and in the former a woman called Isabella Condon. They were sentenced to be drawn on a hurdle to the place of execution, the man to be hanged and the woman burnt.

Ph[oe]be Harris, in 1786, was burnt in front of Newgate. The _Chelmsford Chronicle_ of June 23rd, 1786, gives an account of her execution. After furnis.h.i.+ng particulars of six men being hanged for various crimes, the report says:

"About a quarter of an hour after the platform had dropped, the female convicted" (Ph[oe]be Harris, convicted of counterfeiting the coin called s.h.i.+llings) "was led by two officers of justice from Newgate to a stake fixed in the ground about midway between the scaffold and the pump. The stake was about eleven feet high, and, near the top of it was inserted a curved piece of iron, to which the end of the halter was tied. The prisoner stood on a low stool, which, after the ordinary had prayed with her a short time, being taken away, she was suspended by the neck (her feet being scarcely more than twelve or fourteen inches from the pavement). Soon after the signs of life had ceased, two cart-loads of f.a.gots were placed round her and set on fire; the flames presently burning the halter, the convict fell a few inches, and was then sustained by an iron chain pa.s.sed over her chest and affixed to the stake. Some scattered remains of the body were perceptible in the fire at half-past ten o'clock. The fire had not completely burnt out at twelve o'clock."

The latest instance on record is that of Christian Murphy, _alias_ Bowman, who was burnt on March 18th, 1789, for coining.

The barbarous laws which permitted such repugnant exhibitions were repealed by the 30th George III., cap. 48, which provided that, after the 5th of June, 1790, women were to suffer hanging, as in the case of men.

FOOTNOTES:

[23] Glyde's "New Suffolk Garland," 1866.

Boiling to Death.

In the year 1531, when Henry VIII. was king, an act was pa.s.sed for boiling poisoners to death. The preamble of the statute states that one Richard Roose or c.o.ke, a cook, by putting poison in some food intended for the household of the Bishop of Rochester, and for the poor of the parish in which his lords.h.i.+p's palace was situated in Lambeth Marsh, occasioned the death of a man and a woman, and the serious illness of several others. He was found guilty of treason, and sentenced to be boiled to death, without benefit of clergy, that is, that no abatement of the sentence was to be made on account of his ecclesiastical connection, nor to be allowed any indemnity such as was commonly the privilege of clerical offenders. He was publicly boiled to death at Smithfield, and the act ordained that all manner of poisoners should meet with the same doom henceforth.

A maid-servant, for poisoning her mistress, was, in 1531, boiled to death in the market-place of King's Lynn. Another instance of a servant poisoning the persons with whom she lived was Margaret Davy, who perished at Smithfield, in 1542.

This cruel law did not remain long on the Statute Books; shortly after the death of Henry VIII., and in the reign of the next king, Edward VI., it was, in 1547 repealed. The punishment of boiling alive was by no means uncommon before the enactment of Henry VIII., both in England and on the Continent.

Beheading.

Beheading, as a mode of punishment, had an early origin. Amongst the Romans it was regarded as a most honourable death. It is a.s.serted that it was introduced into England from Normandy by William the Conqueror, and intended for the putting to death of criminals belonging to the higher grades of society. The first person to suffer beheading was Waltheof, Earl of Huntingdon, Northampton, and Northumberland, in 1076.

Since the days of the first Norman king down to the time of George the Second in 1747, two monarchs, and not a few of the most notable of the n.o.bility of Great Britain, at the Tower, Whitehall, near the historic Tolbooth of Edinburgh, and other places have closed their n.o.ble, and in some instances ign.o.ble, careers at the hands of the headsman.

Charles I. is perhaps the most famous of kings that have been beheaded.

On January 30th, 1649, on a scaffold raised before the Banqueting House at Whitehall, he was executed. Within the Banqueting Hall of the Castle of Fotheringay, on February 8th, 1587, the executioner from the Tower, after three blows from an axe, severed the head from the body of Mary, Queen of Scots. Her earlier years opened in the gay court of France, and was full of suns.h.i.+ne, but shadows gathered, and she was--

"A sad prisoner, pa.s.sing weary years, In many castles, till at Fotheringay, The joyless life was ended."

Henry VIII. was a great king, but his cruel att.i.tude towards his queens will ever diminish his glory; two of them were executed at his instigation at the Tower, namely, Anne Boleyn, on May 19th, 1536, and Katherine Howard, on February 13th, 1542. In the death at the block of Lady Jane Grey, "the nine days' queen," the scene is more pathetic and picturesque. On February 12th, 1553-4, she and her young husband, Lord Guildford Dudley, were executed at the Tower, the former on the Green within the ancient stronghold, and the latter on Tower Hill. The story of her unhappy fate is one of the most familiar pages of English history. Fuller said of this n.o.ble woman: "She had the innocency of childhood, the beauty of youth, the solidity of middle, the gravity of old age, and all at eighteen; the birth of a princess, the learning of a clerk, the life of a saint, and the death of a malefactor for her parents' offences."

[Ill.u.s.tration: THE TOWER OF LONDON, SHOWING THE SITE OF THE SCAFFOLD.]

Amongst the notable men who have suffered at the Tower, we must mention John Fisher, Bishop of Rochester, beheaded on Tower Hill, June 23rd, 1535. He had nearly reached the age of four score years. The Pope, to spite Henry VIII., had sent the prelate a cardinal's hat, but the aged bishop had suffered death before it reached this country. Sir Thomas More was executed on July 6th, 1535. Like his friend Fisher, he refused submission to the Statute of Succession and to the King's Supremacy. The devotion of Margaret Roper to her father, Sir Thomas More, forms an attractive feature in the life story of this truly great man. After execution his head was spiked on London Bridge, and she bribed a man to move it, and drop it into a boat where she sat. She kept the sacred relic for many years, and at her death it was buried with her in a vault under St. Dunstan's Church, Canterbury.