The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
Now, our old law was not so bad as it seemed. True, the death-penalty
was affixed to small offences; but it was comparatively rarely exacted.
In looking over Old Bailey sessions-papers of from one to two centuries
ago, I am struck with the number of acquittals--brought about, I
fancy, by the triviality of the crime, not the innocence of the
prisoner--and jurors constantly appraised the articles at twelve pence
or under to reduce the offence to petty larceny, which was not capital,
and after sentence each case was carefully considered on its merits by
the King in Council (the extraordinary care which George III. gave to
this matter is well known: he was often found pondering sentences late
into the night). Only when the offender was inveterate or his crime
atrocious was the death-penalty exacted. In effect, cases now punished
by long terms of penal servitude were then ordered for execution.
I don’t pretend to say whether or no to-day’s plan may be the more
merciful. We have, on the authority of the Newgate Ordinary, a list
between 1700 and 1711. Of forty-nine condemned in one year, thirty-six
were reprieved and thirteen executed, in another year thirty-eight
were condemned, twenty were reprieved, and eighteen were executed; the
highest annual return of executions during that period was sixty-six,
the lowest five. An Act of 1753 (25 Geo. II., c. 37) provided for the
speedy exit and dissection of murderers; but the fate of other felons
might hang dubious, as weeks often elapsed without a Privy Council
meeting. The Recorder of London brought up the report from Windsor.
When it reached Newgate, usually late at night, the condemned prisoners
were assembled in one ward. The Ordinary entered in full canonicals
and spoke his fateful message to each kneeling wretch. “I am sorry to
tell you it is all against you,” would fall on one man’s trembling
ears; while “Your case has been taken into consideration by the King
and Council and His Majesty has been mercifully pleased to spare your
life,” was the comfortable word for another. The reprieved now returned
thanks to God and the King; the others, all hope gone, must return to
the condemned hold.
There broke in on them here, during the midnight hours on the eve of
their execution, the sound of twelve strokes of a hand-bell, the while
a doleful voice in doleful rhyme addressed them:
You prisoners that are within,
Who for wickedness and sin....
Here the rhyme failed; but in not less dismal prose the voice
admonished them that on the morrow “the greatest bell of St. Sepulchre
will toll for you in the form and manner of a passing bell”; wherefore
it behoved them to repent. In later years the songster procured himself
this rigmarole:--
Public-domain text, read in full here on John Shaqi.
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