TRIAL AND EXECUTION.
In days of yore, (says Aubrey) lords and gentlemen lived in the country like petty kings, had jura regalia belonging to the seignories, had castles and boroughs, had gallows within their liberties, where they would try, condemn, and execute; never went to London but in parliament time, or once a year to do homage to the king. Justice was administered with great expedition, and too often with vindictive severity. Pennant informs us that "originally the time of trial and execution was to be within three suns!" About the latter end of the seventeenth century the period was extended to nine days after sentence; but since a rapid and unjust execution in a petty Scottish town, 1720, the execution has been ordered to be deferred for forty days on the south, and sixty on the north side of the Tay, that time may be allowed for an application to the king for mercy. Stealing was first capital in the reign of Henry I. False coining, which was then a very common crime, was severely punished. Near fifty criminals of this kind were at one time hanged or mutilated. Laws were passed in Henry VIIth's reign ordaining the king's suit for murder to be carried on within a year and a day. Formerly it did not usually commence till after, and as the friends of the person murdered often in the interval compounded matters with the criminal, the crime frequently passed unpunished. In 1503, an act was passed prohibiting the king from pardoning those convicted of wilful and premeditated murder; but this appears to have been done at the monarch's own request, and was liable to be rescinded at pleasure. In Henry the Eighth's reign, Harrison asserts that 73,000 criminals were executed for theft and robbery, which was nearly 2,000 a year. He adds, that in Elizabeth's reign, there were only between three and four hundred a year hanged for theft and robbery. It is said that the earliest law enacted in any country for the promotion of anatomical knowledge, was passed in 1540. It allowed the united companies of Barbers and Surgeons to have yearly the bodies of four criminals for dissection. In the year 1749, were executed at Tyburn, Usher Gahagan, Terence O'Connor, and Joseph Mapham, for filing gold money. Gahagan and Connor were papists of considerable families in Ireland; the former was a very good Latin scholar, and editor of Brindley's edition of the Classics; he translated Pope's Essay on Criticism, in Latin verse, and after his confinement, the Temple of Fame, and the Messiah, which he dedicated to the Duke of Newcastle, in hopes of a pardon; he also wrote verses in English to prince George (George III.) and to Mr. Adams, the recorder, which are published in the ordinary's account, together with a poetical address to the Duchess of Queensbury, by Connor. In 1752, it was enacted that every criminal convicted of wilful murder should be executed on the day next but one after sentence was passed, unless that happens to be on a Sunday: and in that case, they are to be executed on the Monday following. The judge may direct the body to be hung in chains, or to be delivered to the surgeons in order to its being dissected and anatomized; but in no case whatsoever is it to be buried till after it is dissected. The first punishment of hanging, drawing, and quartering, occurred in the year 1241. The form of our gallows was adopted by the Roman Furca, when Constantine abolished crucifixion. In France it had either a single, double, or treble frame, denoting the rank of the territorial seigneur, whether gentleman, knight, or baron. The ancient gallows near London, had hooks for eviscerating, quartering, &c. the bodies of criminals. In the 15th century, the top, like the beam of a pair of scales, was made to move up and down; at one end hung a halter, at the other a large weight, the halter was drawn down, and being put round the criminal's neck, the weight at the other end lifted him from the ground.
F.R.Y.