The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
One John Austin had the distinction of being the last person executed
at Tyburn (November 7, 1783). Reformers had long denounced the
procession as a public scandal. The sheriffs had some doubts as to
their powers; but the judges, being consulted, assured them they could
end it an they would. A month after (December 9, 1783) the gallows was
at work in front of Newgate, and Old London lost its most exciting
spectacle. Dr. Johnson frankly regretted the change:--“Executions are
intended to draw spectators, if they do not draw spectators they lose
their reason. The old method was more satisfactory to all parties. The
public was gratified by a procession, the criminal was supported by
it. Why is all this to be swept away?” In truth, the change of scene
was an illogical compromise: the picturesque effect was gone--save
for an occasional touch, as after Holling’s execution, when the dead
hand was thrust into a woman’s bosom, to remove a mark or wen--the
disorderly mob remained, nay, was a greater scandal at the centre than
in the suburbs. Dickens is but one of many writers who knowing their
London well described the unedifying walk and talk of the crowd before
Newgate; and in 1868 private was substituted for public execution
throughout the land. I do not criticise any system: I do but point
out that of the two sets of opposing forces noted as working on the
criminal’s mind, the latter, in a private execution, is entirely
suppressed.
Tyburn and its memories, its criminals, its Hangmen, its Ordinaries,
filled a great space in popular imagination, and have frequent mention
in our great writers. Shakespeare himself has “The shape of Love’s
Tyburn”; and Dryden’s “Like thief and parson in a Tyburn cart” is a
stock quotation. But I cannot string a chaplet of these pearls. Yet two
phrases I must explain. A felon who “prayed his clergy” was during some
centuries branded on the crown of his thumb with the letter T, ere he
was released, to prevent a second use of the plea. This was called, in
popular slang, the Tyburn T. Ben Jonson was so branded (October, 1598)
for killing Gabriel Spencer, the actor, in a duel. Again a statute
of 1698 (10 Will. III. c. 12), provided for those who prosecuted a
felon to conviction a certificate freeing them from certain parochial
duties. This was known as a “Tyburn ticket.” It had a certain money
value, because if unused it could be assigned once. The privilege was
abolished in 1827 (7 and 8 Geo. IV. c. 27), but it was allowed as late
as 1856 to a certain Mr. Pratt, of Bond Street, who by showing his
ticket (which must have been thirty years old) escaped service on an
Old Bailey jury.
Pillory and Cart’s-Tail
Hood and Lamb on the Pillory--Its Various Shapes--Butcher and
Baker--Brawler and Scold--Fraudulent Attorneys--End of the Pillory
and of Public Whipping--Literary Martyrs--De Foe--Prynne, Bastwick,
and Burton--Case of Titus Oates--The Tale of a Cart--Some Lesser
Sufferers.
Public-domain text, read in full here on John Shaqi.
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