Lynch-law; an investigation into the history of lynching in the United StatesCutler, James Elbert
Philosophy
Lynch-law; an investigation into the history of lynching in the United States
Cutler, James Elbert
Lynching -- United States
The Vehmic courts, however, give no explanation for the presence of
lynch-law as an institution in American society. No connection can be
traced further than a few similarities in the methods adopted to put
down lawlessness at a time when the civil government proved weak and
inefficient.
Some writers have stated that lynch-law was anciently known in England
by the name of Lydford law and Halifax law, and that the same thing was
known in Scotland as Cowper justice and Jeddart or Jedburg justice.
Lydford law is defined in a dictionary of the seventeenth century as “a
certain Law whereby they first hang a Man and afterwards indite him.”[7]
One of Grose’s Proverbs reads:
“First hang and draw,
Then hear the cause by Lidford law.”
Westcott, in his “History of Devonshire,” has preserved some droll
verses about the town of Lydford. The first twelve lines are as follows:
“I oft have heard of Lydford law,
How in the morning they hange and draw,
And sit in judgement after;
At first I wondered at yt much,
But since I fynd the reasons such
As yt deserves no laughter.
“They have a castle on a hill,
I tooke it for an old wyndmill,
The vanes blowen off by weather:
To lye therein one night, ’tis guest,
’Twere better to be ston’d and prest,
Or hang’d; now chuse you whether.”[8]
It has been asserted, therefore, that “Lydford law became a proverbial
expression for summary punishment without trial.”[9] This, however, is
going further than the facts will allow, and is wholly misleading when
thus used to show the connection between Lydford law and lynch-law. It
would seem to imply that Lydford law in England was once as well known,
as a name for summary punishment, as lynch-law has become in this
country. As a proverbial expression Lydford law never came into general
use; it was confined to one section of England and never became more
than a localism.
In another part of England a certain summary procedure was known by the
name of Halifax law. In this case there was a trial followed by
immediate punishment. The trial was of a summary nature without adequate
opportunity of defense, and the punishment was irrevocable. The name,
Halifax law, originated from the so-called _gibbet law_ or custom in the
forest of Hardwick, coextensive with the parish of Halifax, under which
the frith burghers summarily tried any one charged with stealing goods
to the value of 13½ d., and could condemn him to be beheaded on the
market-day.[10]
Public-domain text, read in full here on John Shaqi.
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