Bygone Punishments Part 7

George Boleyn, Viscount Rochford, was beheaded on May 17th, 1536, two days before the execution of his sister, Queen Anne Boleyn; and his wife, Jane, Viscountess Rochford, was beheaded at Tower Hill, with Katherine Howard, on February 13th, 1542, on the charge of having been an accomplice in the queen's treason. On July 28th, 1540, Thomas Cromwell, Earl of Ess.e.x, was executed. Margaret Plantagenet, Countess of Salisbury, opposed the king and his government, and she was condemned for high treason. On May 27th, 1541, her earthly career closed. "The haughty old countess," it is recorded, "refused to lay her head upon the block, and the headsman had to follow her about the scaffold, and to 'fetch-off' her grey head 'slovenly' as he could."[24] She was nearly seventy years old.

The following are included in the list of notable men beheaded, and in most instances we are only able to give their names and dates of execution, but the story of their careers will be found in the pages of English history. Henry, Earl of Surrey, beheaded January 19th, 1546-7; Thomas, Lord Seymour of Sudeley, March 27th, 1548-9; Edward Seymour, Duke of Somerset, January 22nd, 1551-2; Sir Thomas Arundel, February 26th, 1551-2; John Dudley, Duke of Northumberland, August 22nd, 1553.

Next comes Henry Grey, Duke of Suffolk, executed February 22nd, 1553-4.

He was the father of Lady Jane Grey. Thomas Howard, Duke of Norfolk, suffered death June 2nd, 1572. On February 25th, 1600-1, Robert Devereux, Earl of Ess.e.x, was beheaded.

Sir Walter Raleigh was a many-sided man, the discoverer of North Carolina, the defender of his country, an author, a court favourite, and a man of undaunted courage. In the Tower he was long a prisoner, and there wrote some notable books, and the following hymn:--

"Rise, O my soul, with thy desires to heav'n, And with divinest contemplations use Thy time, where time's eternity is given, And let vain thoughts no more thy mind abuse; But down in darkness let them lie; So live thy better, let thy worse thoughts die.

"And thou, my soul, inspired with holy flame View and review, with most regardful eye, That holy cross, whence thy salvation came, On which thy Saviour and thy sin did die; For in that sacred object is much pleasure, And in that Saviour, is my life, my treasure.

"To Thee, O Jesu, I direct my eye; To Thee my hands, to Thee my humble knees, To Thee my heart shall offer sacrifice,-- To Thee my thoughts, who my thoughts only sees; To Thee myself, myself and all, I give; To Thee I die, to Thee I only live."

On October 29th, 1618, Sir Walter Raleigh was executed at Whitehall under a sentence which had hung over his head for fifteen years.

[Ill.u.s.tration: AXE, BLOCK, AND EXECUTIONER'S MASK AT THE TOWER OF LONDON.]

On May 12th, 1641, was executed Wentworth, Earl of Strafford; and on January 10th, 1644-5, was beheaded Archbishop Laud. William Howard, Viscount Stafford, a victim of Oates's perjury, was executed on December 29th, 1680. "Having embraced and taken leave of his friends," says Bell, "he knelt down and placed his head on the block: the executioner raised the axe high in the air, but then checking himself suddenly lowered it.

Stafford raised his head and asked the reason of the delay. The executioner said he waited the signal. 'I shall make no sign,' he answered, 'take your own time.' The executioner asked his forgiveness.

'I do forgive you,' replied Stafford, and placing his head again in position, at one blow it was severed from his body."[25]

A noted name in history comes next, the Duke of Monmouth. He was beheaded July 15th, 1685. "Here are six guineas for you," he said to the executioner, "and do not hack me as you did my Lord Russell. I have heard that you struck him three or four times. My servant will give you more gold if you do your work well." Then he undressed, felt the edge of the axe, and laid his head on the block. The executioner was unnerved, he raised his axe, but his arm trembled as it fell, and only a slight wound was inflicted. Several blows were given before the neck was severed.

[Ill.u.s.tration: LORD LOVAT (_from a drawing by Hogarth_).]

We are now nearing the end of executions at the Tower, and only three more names occur. The cause of Prince Charlie was supported by not a few of the best blood of Scotland, but the battle of Culloden ended all hopes for the Pretender, and brought misery to many of his brave followers. William, Earl of Kilmarnock, and Arthur, Lord Balmerino, on August 18th, 1746, were beheaded for their devotion to the Jacobite cause. Simon, Lord Fraser of Lovat, had pa.s.sed a shameless life, and little can be said in his favour. In 1715, he fought against Prince Charles Edward, but subsequently joined the Jacobites, and took part in the battle of Culloden. He managed to escape from the field after the engagement, and it was not until April 9th, 1747, that he was beheaded on Tower Hill. On reaching the scaffold, he asked for the executioner, and presented him with a purse containing ten guineas. He then asked to see the axe, felt its edge, and said he thought it would do. Next he looked at his coffin, on which was inscribed:--

SIMON, DOMINUS FRASER DE LOVAT, Decollat April 9, 1747, aetat suae 80.

After repeating some lines from Horace, and next from Ovid, he prayed, then bade adieu to his solicitor and agent in Scotland; finally the executioner completed his work, the head falling from the body. Lord Lovat was the last person beheaded in this country.

FOOTNOTES:

[24] Wilson's "The Tower and the Scaffold," 1879.

[25] D. C. Bell's "Chapel of the Tower," 1877.

The Halifax Gibbet.

The mention of the Halifax gibbet suggests a popular Yorkshire saying: "From h.e.l.l, Hull and Halifax, good Lord, deliver us." Fuller says the foregoing is part of the "Beggars' and Vagrants' Litany," and goes on to state: "Of these three frightful things unto them, it is to be feared that they least fear the first, conceiving it the farthest from them.

Hull is terrible to them as a town of good government, where beggars meet with punitive charity; and, it is to be feared, are oftener corrected than amended. Halifax is formidable for the law thereof, whereby thieves, taken in the very act of stealing cloth, are instantly beheaded with an engine, without any further legal proceedings.

Doubtless, the coincidence of the initial letters of these three words helped much the setting on foot of the proverb." The Halifax gibbet law has been traced back to a remote period. It has been suggested that it was imported into the country by some of the Norman barons. Holinshed's "Chronicle" (edition published in 1587) contains an interesting note bearing on this subject. "There is, and has been, of ancient time," says Holinshed, "a law or rather custom, at Halifax, that whosoever doth commit any felony, and is taken with the same, or confesses the fact upon examination, if it be valued by four constables to amount to the sum of thirteenpence-halfpenny, he is forthwith beheaded upon one of the next market-days (which fall usually upon the Tuesdays, Thursdays, and Sat.u.r.days), or else upon the same day that he is convicted, if market be holden. The engine wherewith the execution is done is a square block of wood, of the length of four feet and a half, which doth ride up and down in a slot, rabet, or regall, between two pieces of timber that are framed and set up right, of five yards in height. In the nether end of a sliding block is an axe, keyed or fastened with an iron into the wood, which, being drawn up to the top of the frame, is there fastened by a wooden pin (with a notch made in the same, after the manner of a Samson's post), unto the middest of which pin also there is a long rope fastened, that cometh down among the people; so that when the offender hath made his confession, and hath laid his neck over the nethermost block, every man there present doth either take hold of the rope (or putteth forth his arm so near to the same as he can get, in token that he is willing to see justice executed), and pulling out the pin in this manner, the head-block wherein the axe is fastened doth fall down with such a violence, that if the neck of the transgressor were so big as that of a bull, it should be cut in sunder at a stroke, and roll from the body by a huge distance. If it be so that the offender be apprehended for an ox, sheep, kine, horse, or any such cattle, the self beast or other of its kind shall have the end of the rope tied somewhere unto them, so that they, being driven, do draw out the pin, whereby the offender is executed."

In the ill.u.s.tration we give, which is a reproduction of an old picture, it will be observed that a horse is drawing the rope to loosen the pin, and to allow the axe to fall and cut off the head of the victim. The doomed man had doubtless stolen the horse. Near the gibbet are a.s.sembled the jurymen, and the parish priest is engaged in prayer.

[Ill.u.s.tration: HALIFAX GIBBET.]

Before a felon was condemned to suffer, the proof of certain facts appears to have been essentially necessary. In the first place, he was to be taken in the liberty of the forest of Hardwick, and if he escaped out of it, even after condemnation, he could not be brought back to be executed; but if he ever returned into the liberty again, and was taken, he was sure to suffer. It is recorded that a man named Lacy escaped, and resided seven years out of the forest, but returning, was beheaded on the former verdict. This person was not so wise as one Dinnis, who, having been condemned to die, escaped out of the liberty on the day fixed for his execution (which might be done by running in one direction about five hundred yards), and never returned. Meeting several people that asked if Dinnis was not to be beheaded on that day, his answer was, "I trow not," which, having some humour in it, became a proverbial saying in the district, and is used to this day--"'I trow not,' quoth Dinnis." In the next place, the fact was to be proved in the clearest manner. The offender had to be taken either hand-habend or back-berand, that is, having the stolen goods in his hand, or bearing them on his back, or, lastly, confessing that he took them.

The value of the goods stolen had to be worth at least thirteenpence-halfpenny, or more. Taylor, the water-poet, refers to the subject as follows:--

"At Halifax the law so sharpe doth deale, That whoso more than thirteenpence doth steale, They have a jyn that wondrous quick and well Sends thieves all headless into heaven or h.e.l.l."

A further condition of the Halifax gibbet law is scarcely so clear as the preceding. The accused was, after three market or meeting days, within the town of Halifax, next after his apprehension and being condemned, taken to the gibbet. This probably means that after he was delivered to the bailiff, no time further than was necessary was to elapse before proceeding to the trial, and that the bailiff was to send speedy summons to those who were to try him, which might be done in two or three days. If he were found guilty, the day of his execution depended upon that of his sentence, for he was to be beheaded on no other day than Sat.u.r.day, which was the great meeting. Thus, if condemned on Monday, he would be kept three market days; but if condemned on Sat.u.r.day, as some a.s.sert, he would be conducted straightway to the gibbet. The two last persons who suffered death by this engine were condemned and executed on the same day.

The final ordinance of the law directs that on being led to the gibbet the malefactor is to have his head cut off from his body. That the machine was fully capable of this is evident both from Holinshed's remarks and from the following anecdote given by Wright, the historian of Halifax, as an extract from "A Tour through the Whole Island of Great Britain." A country woman, who was riding by the gibbet at the time of the execution of a criminal, had hampers at her sides, and the head, bounding to a considerable distance from the force of the descending axe, "jumped into one of the hampers, or, as others say, seized her ap.r.o.n with its teeth, and there stuck for some time."

The parish register at Halifax contains a list of forty-nine persons who suffered by the gibbet, commencing on the 20th day of March, 1541, the earliest date of which there is a recorded execution, and terminating on the 30th day of April, 1650. After which latter execution the bailiff of the town received an intimation that should another case occur, he would be called to public account. The number of beheadals in each of the reigns comprised in the above dates are: five in the last six years of the reign of Henry VIII.; twenty-five in the reign of Elizabeth; seven in the reign of James I.; ten in the reign of Charles I.; two during the Commonwealth.

[Ill.u.s.tration: HALIFAX GIBBET, BY HOYLE.]

In the year 1650, John Hoyle made a drawing of the Halifax gibbet, which is regarded as a faithful representation of it. On the crown of the hill will be noticed a sketch of the ancient beacon.

An account of the last occasion upon which the services of the Halifax gibbet were called into requisition is interesting; it is contained in a rare book: "Halifax and its Gibbet Law placed in a True Light." It was written by Dr. Samuel Midgley, during an imprisonment for debt, and was published in 1708. "About the latter end of April, A.D. 1650, Abraham Wilkinson, John Wilkinson, and Anthony Mitchel were apprehended within the Manor of Wakefield and the liberties of Halifax, for divers felonious practices, and brought or caused to be brought into the custody of the chief bailiff of Halifax, in order to have their trials for acquittal or condemnation, according to the custom of the Forest of Hardwick, at the complaint and prosecution of Samuel Colbeck of Wardley, within the liberty of Halifax; John Fielden of Stansfield, within the said liberty; and John Cusforth of Durker, in the parish of Sandall, within the Manor of Wakefield." The Bailiff, according to the ancient custom, issued a summons to the "several constables of Halifax, Sowerby, Warley, and Skircoat," charging them to appear at his house on the 27th day of April, 1650, each accompanied by four men, "the most ancient, intelligent, and of the best ability" within his constabulary, to determine the cases. The constables were merely the law officers, the jurors being the sixteen "most ancient men," and whose names are given at length. They were empanelled in a convenient room at the Bailiff's house, where the accused and their prosecutors were brought "face to face" before them, as also the stolen goods, to be by them viewed, examined, and appraised. The court was opened by the following address from the Bailiff: "Neighbours and friends,--You are summoned hither and empanelled according to the ancient custom of the Forest of Hardwick, and by virtue you are required to make diligent search and inquiry into such complaints as are brought against the felons, concerning the goods that are set before you, and to make such just, equitable, and faithful determination betwixt party and party, as you will answer between G.o.d and your own conscience." He then addressed them on the separate charges against the prisoners. From Samuel Colbeck, of Warley, they were alleged to have stolen sixteen yards of russet-coloured kersey, which the jury valued at 1s. per yard. Two of the prisoners were alleged to have stolen from Durker Green, two colts, which were produced in court, one of which was appraised at 3, and the other at 48s. Also, Abraham Wilkinson was charged by John Fielden with stealing six yards of cinnamon-coloured kersey, and eight yards of white "frized, for blankets." After some debate concerning certain evidence against the above, and "after some mature consideration, the jury, as is customary in such cases,"

adjourned to the 30th day of April. Upon this day they met, and after further full examination gave their verdict in writing, and directed that the prisoners Abraham Wilkinson and Anthony Mitchel, "by ancient custom, and liberty of Halifax, whereof the memory of man is not to the contrary, the said Abraham Wilkinson and Anthony Mitchel are to suffer death by having their heads severed and cut off from their bodies at the Halifax gibbet, unto which verdict we subscribe our names." The felons were executed upon the same day.

The stone scaffold or pedestal upon which the gibbet was erected was discovered by the Town Trustees in 1840, in attempting to reduce what was known as Gibbet Hill to the level of the neighbouring ground; and except some decay of the top and one of the steps, it is in a perfect state. It is carefully fenced round, and an inscription affixed, which was done at the cost of Samuel Waterhouse, Mayor, in 1852. The gibbet axe, formerly in the possession of the Lord of the Manor of Wakefield, is now preserved at the Rolls Office of that town. It weighs seven pounds twelve ounces; its length is ten inches and a half; it is seven inches broad at the top, and nearly nine at the bottom, and at the centre about seven and a half.

The Scottish Maiden.

[Ill.u.s.tration: THE TOLBOOTH, EDINBURGH.]

Towards the middle of the sixteenth century, the Earl of Morton, Regent of Scotland, during a visit to England, witnessed an execution by the Halifax gibbet. He appears to have been impressed in a favourable manner with the ingenuity of the machine, and gave directions for a model of it to be made, and on his return home, in the year 1565, he had a similar gibbet constructed. On account of remaining so long before it was used, so runs the popular story, it was known as "The Maiden." Dr. Charles Rogers says that its appellation is from the Celtic _mod-dun_, originally signifying the place where justice was administered.[26] It is generally believed that the first victim beheaded at the Maiden was the Earl of Morton himself, but such was not the case, for he did not suffer death by it until June 2nd, 1581. He ruled Scotland for ten years, winning the approbation of Queen Elizabeth, but finally he fell a victim to the court faction. It has been said that probably it could not have availed against him but for his own greed and cruelty. In trying to picture the scene of Morton's execution, says a painstaking author, it must have been a striking sight when the proud, stern, resolute face, which had frowned so many better men down, came to speak from the scaffold, protesting his innocence of the crime for which he had been condemned, but owning sins enough to justify G.o.d for his fate.[27] He died by the side of the City Cross, in the High Street, Edinburgh, and for the next twelve months his head garnished a pinnacle on the neighbouring Tolbooth.

[Ill.u.s.tration: THE SCOTTISH MAIDEN.]

It is agreed by authorities that the first time the Maiden was used was at the execution of the inferior agents in the a.s.sa.s.sination of Rizzio, which occurred at Holyrood Palace, on the 9th of March, 1566.

The list of those who have suffered death at the Maiden extends to at least one hundred and twenty names, not a few of whom Scotland delights to honour, including Sir John Gordon, of Haddo; President Spottiswood, the Marquis and the Earl of Argyle.

[Ill.u.s.tration: EXECUTION OF THE EARL OF ARGYLE.]

The unfortunate Earl of Argyle met his doom with firmness; when laying his head on the grim instrument of death, he said it was "a sweet Maiden, whose embrace would waft his soul into heaven." The tragic story of the Earl of Argyle has been ably told by Mr. David Maxwell, C.E., and his iniquitous death is one of many dark pa.s.sages in the life of James II.[28]

In 1710, the use of the Maiden was discontinued. It now finds a place and attracts much attention in the Museum of the Society of Antiquaries of Scotland, at Edinburgh.

FOOTNOTES: