Bygone Punishments. Andrews William
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Hanging in Chains.
The time is not so far distant when the gibbet and gallows were common objects in this country. In old road books, prepared for the guidance of travellers, they are frequently referred to as road marks. Several editions of Ogilby's "Itinirarium Angliæ" were published between 1673 and 1717, and a few passages drawn from this work relating to various parts of England show how frequently these gruesome instruments of death occur:—
"By the Gallows and Three Windmills enter the suburbs of York."
"Leaving the forementioned suburbs [Durham], a small ascent passing between the gallows and Crokehill."
"You pass through Hare Street, etc., and at 13'4 part of Epping Forest, with a gallows to the left."
"You pass Pen-meris Hall, and at 250'4 Hilldraught Mill, both on the left, and ascend a small hill with a gibbet on the right."
"At the end of the city [Wells] you cross a brook, and pass by the gallows."
"You leave Frampton, Wilberton, and Sherbeck, all on the right, and by a gibbet on the left, over a stone bridge."
"Leaving Nottingham you ascend a hill, and pass by a gallows."
Pictures found a prominent place in Ogilby's pages, and we reproduce one of Nottingham.
It will be noticed that the gallows is shown a short distance from the town.
It is twenty-six miles from London to East Grinstead, and in that short distance were three of these hideous instruments of death on the highway, in addition to gibbets erected in lonely bylanes and secluded spots where crimes had been committed. "Hangman's Lanes" were by no means uncommon. He was a brave man who ventured alone at night on the highways and byways when the country was beset with highwaymen, and the gruesome gibbets were frequently in sight.
Hanging was the usual mode of capital punishment with the Anglo-Saxons. We give a representation of a gallows (gala) of this period taken from the illuminations to Alfric's version of Genesis. It is highly probable that in some instances the bodies would remain in terrorem upon the gibbet. Robert of Gloucester, circa 1280, referring to his own times, writes:—
"In gibet hii were an honge."
"The habit of gibbeting or hanging in chains the body of the executed criminal near the site of the crime," says Dr. Cox, "with the intention of thereby deterring others from capital offences, was a coarse custom very generally prevalent in mediæval England. Some early assize rolls of the fourteenth century pertaining to Derbyshire that we have consulted give abundant proof of its being a usual habit in the county at that period. In 1341 the bodies of three men were hung in chains just outside Chapel-en-le-Frith, who had been executed for robbery with violence. In the same year a woman and two men were gibbeted on Ashover Moor for murdering one of the King's purveyors."[8]
An early record of hanging in chains is given in Chauncy's "History of Hertfordshire." It states, "Soon after the King came to Easthampstead, to recreate himself with hunting, where he heard that the bodies hanged here were taken down from the gallowes, and removed a great way from the same; this so incensed the King that he sent a writ, tested the 3rd day of August, Anno 1381, to the bailiffs of this borough, commanding them upon sight thereof, to cause chains to be made, and to hang the bodies in them upon the same gallowes, there to remain so long as one piece might stick to another, according to the judgment; but the townsmen, not daring to disobey the King's command, hanged the dead bodies of their neighbours again to their great shame and reproach, when they could not get any other for any wages to come near the stinking carcases, but they themselves were compelled to do so vile an office." Gower, a contemporary poet, writes as follows:—
"And so after by the Lawe
He was unto the gibbet drawe,
Where he above all other hongeth,
As to a traitor it belongeth."
Sir Robert Constable was gibbeted above the Beverley-gate, Hull, in 1537, for high treason. "On Fridaye," wrote the Duke of Norfolk, "beying market daye at Hull, suffered and dothe hange above the highest gate of the toune so trymmed in cheynes that I thinke his boones woll hang there this hundrethe yere."
According to Lord Dreghorn, writing in 1774:—"The first instance of hanging in chains is in March, 1637, in the case of Macgregor, for theft, robbery, and slaughter; he was sentenced to be hanged in a chenzie on the gallow-tree till his corpse rot."[9]
Philip Stanfield, in 1688, was hung in chains between Leith and Edinburgh for the murder of his father, Sir James Stanfield. In books relating to Scotland, Stanfield's sad story has often been told, and it is detailed at some length in Chambers's "Domestic Annals of Scotland."
Hanging in chains was by no means rare from an early period in the annals of England, but according to Blackstone this was no part of the legal judgment. It was not until 1752, by an Act of 25 George II., that gibbeting was legally recognised. After execution by this statute, bodies were to be given to the surgeons to be dissected and anatomized, and not to be buried without this being done. The judge might direct the body to be hung in chains by giving a special order to the sheriff. This Act made matters clear, and was the means of gibbeting rapidly increasing in this country.
A gravestone in the churchyard of Merrington, in the county of Durham, states:—
Here lies the bodies of
John, Jane, and Elizabeth, children of John and Margaret Brass,
Who were murdered the 28th day of January, 1683,
By Andrew Mills, their father's servant,
For which he was executed and hung in chains.
Reader, remember, sleeping
We were slain:
And here we sleep till we must
Rise again.
"Whoso sheddeth man's blood by man shall his blood be shed."
"Thou shalt do no murder."
Restored by subscription in 1789.
The parents of the murdered children were away from home when the awful crime was committed by their farm servant, a young man aged about nineteen, inoffensive, but of somewhat deficient intellect. It is quite clear from the facts which have come down to us that he was insane, for in his confession he stated the devil suggested the deed to his mind, saying, "Kill all, kill all, kill all." The eldest of the family, a daughter, struggled with him for some time, and he was not able to murder her until after her arm was broken. She had placed it as a bolt to a door to secure the safety of the younger members of the family who were sleeping in an inner room. The full particulars of the horrible crime may be found in the pages of Dodd's "History of Spennymoor," published in 1897, and are too painful to give in detail. Some troopers marching from Darlington to Durham seized the culprit, and conveyed him with them. He was tried at Durham, and condemned to be gibbeted near the scene of the murders. Many stories which are related in the district are, we doubt not without foundation in fact. It is asserted that the wretch was gibbeted alive, that he lived for several days, and that his sweetheart kept him alive with milk. Another tale is to the effect that a loaf of bread was placed just within his reach, but fixed on an iron spike that would enter his throat if he attempted to relieve the pangs of hunger with it.
His cries of pain were terrible, and might be heard for miles. The country folk left their homes until after