Bygone Punishments Part 8

[26] Rogers's "Social Life in Scotland," 1884.

[27] Chambers's "Book of Days," Vol. I., page 728.

[28] David Maxwell's "Bygone Scotland," 1894.

Mutilation.

In the earlier laws of England, mutilation or dismembering was by no means an uncommon punishment, more especially amongst the poor. Men, says Pike, branded on the forehead, without hands, without feet, without tongues, lived as an example of the danger which attended the commission of petty crimes, and as a warning to all men who had the misfortune of holding no higher position than that of a churl.[29] Wealthy people might do wrong with impunity. It has been clearly shown that there was one law for the rich, and another for the poor, in England during the four centuries which preceded the Norman Conquest.

According to Pike, under the Danes, mutilation was practised with perhaps greater severity than under the rule of the Saxons. Amongst the horrors of the Danish conquest were eyes plucked out; the nose, ears, and the upper lip were cut off; the scalp was torn away, and sometimes even, there is reason to believe, the whole body was flayed alive.

Under the first two Norman kings mutilation of offenders was largely employed to preserve game in their forests. They, however, only appear to have enforced earlier laws. The earliest forest laws of which we have any knowledge are those which were promulgated about 1016 by Canute, the Dane, and probably much the same as had existed for a long period previously. The princ.i.p.al points of their tyrannical laws were, that if a freedman offered violence to a keeper of the King's deer, he was liable to lose his freedom and property; if a serf did the same, he lost his right hand; if the offence was repeated, he paid the penalty with his life. For killing a deer, either the eyes of the offender were put out, or he was killed; if anyone ran down a deer so that it panted, he was to pay at least ten s.h.i.+llings in the money of the day. Such was the law under the Saxon and the Danish Kings. The laws protected the private estate owner, and it was not until the Conqueror came that all the forest land was considered the property of the King.

In the reign of Henry I. coiners of false money were brought to Winchester and suffered there in one day the loss of their right hands and of their manhood. Under the Kings of the West Saxon dynasty the loss of the right hand was a common sentence for makers of base coin.

Several curious instances of mutilation are mentioned in "The Obsolete Punishments of Shrops.h.i.+re," by S. Meeson Morris. A case occurring in the reign of King John provides some interesting particulars. "In 1203,"

says Mr. Morris, "at the Salop a.s.sizes, Alice Crithecreche and others were accused of murdering a woman at Lilleshall. Alice immediately, after the murder, had fled into Staffords.h.i.+re with certain chattels of the murdered woman in her possession, and had been there arrested, and brought back into Shrops.h.i.+re. Her defence before the _Curia Comitatus_ of Salop was at least ingenious:--She alleged that on hearing a noise at night in the murdered woman's house she went and peeped through a c.h.i.n.k in the door; that she saw four men within, who presently coming out, seized, and threatened to murder her if she made any alarm, but on her keeping silence, gave her the stolen goods found upon her when arrested.

On being brought before the Justices-in-Eyre at the above a.s.sizes, Alice Crithecreche no longer adhered to this defence, and she was adjudged to deserve death, but the penalty was commuted for one hardly less terrible. It was ordered that both her eyes should be plucked out."

At a meeting of the Suffolk Inst.i.tute of Archaeology, held February 26th, 1889, Mr. George E. Crisp, of Playford Hall, near Ipswich, exhibited instruments used in the time of Henry VIII. for cutting off the ears, as a penalty for not attending Church.

In our chapter on the Pillory will be found particulars of cases of mutilation of the ears. The punishment of mutilation, except to the ears of the offender, was not common for centuries before the reign of Henry VIII., but by statute 33 Henry VIII., c. 12, the penalty for striking in the King's court or house was declared to be the loss of the right hand.[30]

FOOTNOTES:

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

[30] Morris's "Obsolete Punishments of Shrops.h.i.+re."

Branding.

This mode of punishment was discontinued in the reign of George III., and finally abolished in 1829. Old laws contain many allusions to the subject. In the reign of Edward VI. was pa.s.sed the famous Statute of Vagabonds, authorising the branding with hot iron the letter V on the breast of a runaway slave. If, on being sold, he afterwards ran away, he might be branded on the cheek or forehead with the letter S, and thus the fact made known to those who saw him that he was a slave. Church brawlers in this reign were liable to be branded on the cheek with the letter F, meaning a fraymaker.

Gipsies were punished with branding. At Haddington, in 1636, some gipsies were severely dealt with, the men being condemned to be hanged, the women drowned, with the exception of those having children, and they were to be scourged through the burgh and burnt on their cheeks.

James Nayler, the Mad Quaker, who claimed to be the Messiah, as part of his punishment for blasphemy, was condemned to have his tongue bored through and his forehead branded with a hot iron with the letter B, signifying that he was a blasphemer.[31]

Persons found guilty of petty offences and claiming benefit of clergy were burnt on the hand. Dr. c.o.x gives particulars of a case occurring at the Derbys.h.i.+re Sessions in 1696. A butcher named Palmer, from Wirksworth, had been found guilty of stealing a sheep. He claimed benefit of clergy, which the court granted, and he read. The court gave judgment that he be burnt in his left hand, which was executed. His troubles did not end with the branding, for we find he had to "remaine in Gaole till hee finde Sufficient Suretyes for his Good behaviour to bee approved of and taken by Recoign by Mr. Justice Pole and Mr. Justice Borrowes, and for his appearance att next Sessions, and then to abide further Order of this Court."[32]

We reproduce from a carefully written work ent.i.tled, "In and Around Morecambe and Its Bay," issued by Mr. T. A. J. Waddington, York, an old-time picture of a branding scene. In the Lancaster Criminal Court is still preserved a branding iron. "This iron," we are told, "is attached to the back part of the dock; it consists of a long bolt with a wooden handle at one end, and the letter M at the other. In close proximity are two iron loops designed for securing firmly the hand of the prisoner whilst the long piece of iron was heated red hot, so that the letter denoting 'Malefactor' could be impressed. The brander, after doing his fiery task, examined the hand, and on a good impression being made on the brawny part running from the thumb, would turn to the judge and exclaim--'A fair mark, my Lord!'"

[Ill.u.s.tration: "A FAIR MARK, MY LORD."]

At the a.s.sizes held at Northampton, in 1720, before Mr. Justice Powis, the following prisoners were adjudged to be branded:--"Silvester Green, found guilty of sheep-stealing, burnt in the Hand. And James Corby, the Pig Merchant, had the Honour of the Brand confer'd on him likewise: Jane Clarke, William and John Green, convicted of several Petty Thefts and Larcenies, are to travel for 7 years after the proper Officer has kiss'd their Hand with a Red Hot Iron."

The foregoing list is drawn from the reports in the _Northampton Mercury_, and in the same paper for August 1st, 1721, it is stated "The following Persons were try'd at The a.s.sizes held for The Town and County of Northampton, on Tuesday, the 26th of this Instant. Isabella Chapman and John Field were convicted of several Thefts and Larcenies. To be burnt in The Hand and whipt; and afterwards to be transported for 7 years. Fielding's crime was stealing 12 sheep.... Isaac Emmerton, who was committed on the 21st May last ... was burnt in The Hand."[33]

Branding in some instances appears to have been a mere farce. "When Charles Moritz, a young German, visited England in 1782, he was much surprised at this custom, and in his Diary he mentions that a clergyman had fought a duel with another in Hyde Park, and killed the man; he was found guilty of manslaughter, and was burnt in the hand, if that could be called burning which was done with a cold iron."[33] Such cases as this prepared the way for abolis.h.i.+ng the custom, as cold irons for one cla.s.s, and hot irons for another, could not be tolerated.

It was customary to command criminals in the courts in the past century to hold up their hands to prove if previous convictions had been pa.s.sed upon them.

FOOTNOTES:

[31] Andrews's "Literary Byways," 1898.

[32] c.o.x's "Three Centuries of Derbys.h.i.+re Annals," 1888.

[33] Markham's "Ancient Punishments of Northamptons.h.i.+re," 1886.

The Pillory.

In the history of our own and other European countries, the pillory may be traced back to remote times, and its origin is almost lost in the mists of antiquity. Its story is one of tragedy and comedy, and full of historic interest and importance. In England, in bygone ages, the pillory was a familiar object, and perhaps no engine of punishment was more generally employed. Where there was a market, the pillory might be seen, for if the local authorities neglected to have it ready for immediate use, should occasion require it, they ran the risk of forfeiting the right of holding a market, which was a most serious matter in the olden time. Lords of Manors, in addition to having the right of a pillory, usually had a ducking-stool and gallows. Thomas de Chaworth, in the reign of Edward III., made a claim of a park, and the right of free warren, at Alfreton, with the privilege of having a gallows, tumbrel, and pillory.

[Ill.u.s.tration: PILLORY, WHIPPING-POST, AND STOCKS, WALLINGFORD.]

In the middle ages frequently a pillory, whipping-post, and stocks were combined, and we give a picture of a good example from Wallingford, Berks.h.i.+re. It will be observed that they are planned to hold four delinquents, namely, one in the pillory, one at the whipping-post, and two in the stocks. They stood near the town hall, in the market-place, down to about the year 1830, when the pillory and whipping-post were taken down. The stocks remained for a few years longer to remind the tippler of his fate, if he overstepped the bounds of temperance and was caught drunk. In course of time they fell into disuse, and were finally presented by the Corporation to Mr. J. Kirby Hedges, of Wallingford Castle, the historian of the ancient town. He informs us that there was a pillory at Wallingford in 1231, and probably earlier.

[Ill.u.s.tration: OCKAM IN THE PILLORY.]

A good representation of the pillory formerly much used is furnished in a cut of Robert Ockam, undergoing part of his sentence for perjury, in the reign of Henry VIII. In the year 1543, Ockam, with two other criminals mounted on horseback, with papers on their heads, and their faces towards the tails of the horses, had to ride about Windsor, Newbury, and Reading, and stand in the pillory of each of the three towns.

We give a view of an ancient pillory which formerly stood in the market-place of the village of Paulmy, in Touraine. It is copied from a picture of the Castle of Paulmy in _Cosmographie Universelle_, 1575. It will be observed that it is planned for holding a number of offenders at the same time. This form of pillory was not generally used. It was usually much simpler in construction, and frequently was not a permanent structure.

[Ill.u.s.tration: PILLORY FOR A NUMBER OF PERSONS.]

Stow, in his "Survey of London," supplies a description of the Cornhill pillory, and gives particulars of the crimes for which it was brought into requisition. After adverting to the making of a strong prison of timber, called a cage, and fixing upon it a pair of stocks for night-walkers, he next tells us: "On the top of the cage was placed a pillory, for the punishment of bakers offending in the a.s.size of bread; for millers stealing of corn at the mill; for bawds, scolds, and other offenders." In the year 1468, the seventh of Edward IV., divers persons, being common jurors, such as at a.s.sizes, were forsworn for rewards or favour of parties, and judged to ride from Newgate to the pillory of Cornhill, with mitres of paper on their heads, there to stand, and from thence again to Newgate; and this judgment was given by the Mayor of London. In the year 1509, the first of Henry VIII., Darby, Smith, and Simson, ringleaders of false inquests in London, rode about the city with their faces to horses' tails, and papers on their heads, and were set on the pillory in Cornhill, and afterwards brought again to Newgate, where they died for very shame, saith Robert Fabian.

A curious note, relating to this topic, appears in the "Journal of Henry Machyn, Citizen of London," published by the Camden Society. It is stated that, on the 1st July, 1552, there were a man and woman on the pillory in Cheapside; the man sold pots of strawberries, the which were not half full, but filled with fern. On the 30th May, 1554, two persons were set on the pillory, a man and woman; but the woman had her ears nailed to the pillory for speaking lies and uttering false rumours. The man was punished for seditious and slanderous words.

An instance of great severity is recorded in 1621, when Edward Floyde was convicted of having used slighting expressions concerning the king's son-in-law, the Elector Palatine, and his wife. The sentence was given as follows: (1) Not to bear arms as a gentleman, nor be a competent witness in any Court of Justice. (2) To ride with his face to a horse's tail, to stand in the pillory, and have his ears nailed, etc. (3) To be whipped at the cart's tail. (4) To be fined 5,000. (5) To be perpetually imprisoned in Newgate. It was questioned whether Floyde, being a gentleman, should be whipped, and have his ears nailed. It was agreed by a majority that he should be subject to the former, but not to the latter. He stood two hours in the pillory, and had his forehead branded.

Pepys, writing in his diary under date of March 26th, 1664, relates that he had been informed by Sir W. Batten that "some 'prentices, being put in the pillory to-day for beating of their masters, or such-like things, in Cheapside, a company of 'prentices came and rescued them, and pulled down the pillory; and they being set up again, did the like again." We may infer, from the foregoing and other facts that have come down to us respecting the London apprentices, that they were a power in bygone times, doing very much as they pleased.

We are enabled, by the courtesy of Messrs. W. & R. Chambers, to reproduce from their "Book of Days" an excellent ill.u.s.tration of Oates in the pillory (from a contemporary print). "Found guilty," says the writer in the "Book of Days," "of perjury on two separate indictments, the inventor of the Popish Plot was condemned, in 1685, to public exposure on three consecutive days. The first day's punishment, in Palace Yard, nearly cost the criminal his life; but his partisans mustered in such force in the city, on the succeeding day, that they were able to upset the pillory, and nearly succeeded in rescuing their idol from the hands of the authorities. According to his sentence, Oates was to stand every year of his life in the pillory, on five different days: before the gate of Westminster Hall, on the 9th August; at Charing Cross on the 10th; at the Temple on the 11th; at the Royal Exchange on the 2nd September; and at Tyburn on the 24th April; but, fortunately for the infamous creature, the Revolution deprived his determined enemies of power, and turned the criminal into a pensioner of Government."