The “Histories of England” do not tell us much about Tyburn. “The far greater part of those books which are called ‘Histories of England,’” writes Cobbett, “are little better than romances. They treat of battles, negotiations, intrigues of courts, amours of kings, queens, and nobles; they contain the gossip and scandal of former times, and very little else.” Nor do we find much more in those most dismal of books called “Constitutional Histories.” They mention Tyburn only in connection with the execution of some one who infringed the rules as at the time understood, of The Game played at Westminster, before the establishment of the present perfect accord between the Ins and the Outs, between those whom Cobbett irreverently calls the rooks at the top of the tree and the daws on the lower branches. The story of Tyburn is one of the strangest, surely one also of the saddest, in the history of the people. To understand it, we must consider the social and legal conditions which found their outcome at Tyburn. WHOM TO EXECUTE? WHO IS TO EXECUTE? HOW TO EXECUTE? These questions have, after much experimenting, been so completely answered that it is to-day difficult to realise that each question has presented serious problems. We hang only those found guilty of murder, to the regret of jurists like Sir James Fitzjames Stephen, who thought that the punishment of death ought to be inflicted in _many_ other cases.[1] But in times not very remote there were on the Statute Book, as has been reckoned, no fewer than two hundred capital offences. No man is now hanged except after trial and conviction by a Court of Assize, or by the Central Criminal Court. A person so convicted is executed by the common hangman in the simple manner invented long ago by some one who discovered that a rope tied about a man’s neck is held in position by the projecting mass of the head.