We may claim that one detestable offence, then rife, is now extinct. I allude to “Body-snatching.” It is true that anatomists had, legally, no way of procuring subjects to practise on, other than those criminals who had been executed, and their bodies not claimed by their friends; but, although the instances on record are, unfortunately numerous, I have already written of them in another book, and once is quite sufficient.
Of one or two legal curiosities now extinct, I may mention “Benefit of Clergy,” an institution established in our early history, in order to screen a clerk, or learned man, from the consequences of his crime. In case of felony, one had but to plead ability to read, and prove it, and the sentence was commuted to branding the hand with a hot iron. It was a privilege much abused, but it lingered on until 1827, when it was abolished by the Act, 7 and 8 Geo. IV. cap. 28.
Another curious custom, now also done away with, we meet with, in an advertisement in the Morning Herald, March 17, 1802: “Wanted, one or two Tyburn Tickets, for the Parish of St. George’s, Hanover Square. Any person or persons having the same to dispose of, may hear of a purchaser,” &c. These tickets were granted to a prosecutor who succeeded in getting a felon convicted, and they carried with them the privilege of immunity from serving all parochial offices. They were transferable by sale (but only once), and the purchaser enjoyed its privileges. They were abolished in 1818. They had a considerable pecuniary value, and in the year of their abolition, one was sold for £280!
“Tyburn” reminds us of the fearful numbers sentenced to death at that time. The law sadly wanted reformation in this respect; besides murder, coining, forgery, &c., many minor offences were punishable with death, although all convicted and sentenced were not executed; some being reprieved, and punished with transportation. George III. had a great dislike to capital punishment, and remitted the sentence to as many as he could. Take as an example of the awful severity of the law, only one sessions at the Old Bailey, ending September 24, 1801: “Sentence of death was then passed upon Thomas Fitzroy, alias Peter Fitzwater, for breaking and entering the dwelling-house of James Harris, in the daytime, and stealing a cotton counterpane. Wm. Cooper for stealing a linen cloth, the property of George Singleton, in his dwelling-house. J. Davies for a burglary. Richard Emms for breaking into the dwelling-house of Mary Humphreys, in the daytime, and stealing a pair of stockings. Richard Forster for a burglary. Magnus Kerner for a burglary, and stealing six silver spoons. Robert Pearce for returning from transportation. Richard Alcorn for stealing a horse. John Nowland and Rd. Freke for burglary and stealing four tea spoons, a gold snuff-box, &c. John Goldfried for stealing a blue coat. Joseph Huff, for stealing a lamb, and John Pass for stealing two lambs.”
THE CONDEMNED SERMON. NEWGATE.
In fact, the “Tyburn tree” was kept well employed, and yet, apparently, the punishment of death hardly acted as a deterrent. A sad, very sad street cry, yet one I have often heard, was of these poor wretches; true, it had been made specially to order, in Catnach’s factory for these articles, in Monmouth Court, Seven Dials; but still it was the announcement of another fellow-creature having been done to death.
The executions which would arise from the batch of sentences I have just recorded, would take place at Newgate. The last person hanged at Tyburn, having suffered, November 7, 1783, and the above illustration shows in a peculiarly graphic manner, the condemned sermon, which was preached to those about to die on the morrow. To make the service thoroughly intelligible to them, and to impress them with the reality of their impending fate, a coffin was set in the midst of the “condemned pew.”