Curious Epitaphs, Collected from the Graveyards of Great Britain and Ireland.Andrews, William
General
Curious Epitaphs, Collected from the Graveyards of Great Britain and Ireland.
Andrews, William
Epitaphs -- Great Britain
As a warning to female virtue,
And a humble monument of female chastity,
This stone marks the grave of
MARY ASHFORD,
Who, in the 20th year of her age, having
Incautiously repaired to a scene of amusement,
Was brutally violated and murdered
On the 27th of May, 1817.
Lovely and chaste as the primrose pale,
Rifled of virgin sweetness by the gale,
Mary! the wretch who thee remorseless slew
Avenging wrath, who sleeps not, will pursue;
For though the deed of blood was veiled in night,
Will not the Judge of all mankind do right?
Fair blighted flower, the muse that weeps thy doom,
Rears o'er thy murdered form this warning tomb.
The writer of the foregoing epitaph was Dr. Booker, vicar of Dudley. The
inscription is associated with one of the most remarkable trials of the
present century. It will not be without interest to furnish a few notes on
the case. One Abraham Thornton was tried at the Warwick assizes for the
murder of Mary Ashford, and acquitted. The brother and next of kin of the
deceased, not being satisfied with the verdict, sued out, as the law
allowed him, an appeal against Thornton, by which he could be put on his
trial again. The law allowed the appeal in case of murder, and it also
gave option to the accused of having it tried by wager of law or by wager
of battle. The brother of the unfortunate woman had taken no account of
this, and accordingly, not only Mr. Ashford, but the judge, jury, and bar
were taken greatly aback, and stricken with dismay when the accused, being
requested to plead, took a paper from Mr. Reader, his counsel, and a pair
of gloves, one of which he drew on, and, throwing the other on the ground,
exclaimed, "Not guilty; and I am ready to defend the same with my body!"
Lord Ellenborough on the bench appeared grave, and the accuser looked
amazed, so the court was adjourned to enable the judge to have an
opportunity of conferring with his learned brethren. After several
adjournments, Lord Ellenborough at last declared solemnly, but
reluctantly, that wager of battle was still the law of the land, and that
the accused had a right of appeal to it. To get rid of the law an attempt
was made, by passing a short and speedy Act of Parliament, but this was
ruled impossible, as it would have been _ex post facto_, and people wanted
curiously to see the lists set up in the Tothill Fields. As Mr. Ashford
refused to meet Thornton, he was obliged to cry "craven!" After that the
appellor was allowed to go at large, and he could not be again tried by
wager of law after having claimed his wager of battle. In 1819 an Act was
passed to prevent any further appeals for wager of battle.
The following is copied from a gravestone in Saddleworth churchyard, and
tells a painful story:--
Public-domain text, read in full here on John Shaqi.
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