Mediæval London, Volume 1: Historical & Social

by Walter Besant

So much is said about the scolding wife, the shrew, the brawling woman, that one would incline to think either that women have changed, or that some special conditions of the time tended to produce this variety of woman. Everywhere it was found necessary to punish her by the cucking-stool, which was a punishment belonging to the law of the land; the woman was tied in it and dipped, head over ears, and the punishment was carried on in some parts of the country as late as the last century. There was, however, another and a more ignominious form of punishment, if possible, than the cucking-stool. This was the “brank,” or “the branks,” or the “pare of branks,” consisting of a light iron frame, which was fitted on the head with an iron tongue, to be placed in the mouth; there were many varieties of this, but the principle was the same. The woman fitted with this headgear was either marched up and down the streets, or carried about in a cart, or placed on a stage in a kind of pillory. It has been suggested that probably the woman, who became so violent that this punishment was thought necessary, was suffering from some kind of excited brain; it is also possible that domestic misfortunes may have ruined a woman’s temper, a bodily pain, or excessive work. When life is easy, and there are no vexations or sufferings, there are few scolds. In the year 1640, or thereabouts, one, John Willis, deposed that he had seen a scold driven through the streets of Newcastle with a brank upon her head. In this town there used also to parade a drunkard walking in a cask which came down to his knees. At Worcester, Ludlow, Newcastle-under-Lyme, Oxford, Shrewsbury, Walsall, Lichfield, Walton-on-Thames, and many other places, there are also branks preserved, I believe, to this day. At Bolton-le-Moor the brank was used for the punishment of women of bad character.

Let us from the annals of mediæval crime extract a few illustrations of mediæval punishment.

Since the greatest possible offence that can be committed against the State is treason, I begin with the most remarkable case of high treason that can be found in our history. It occurred in the year 1295.

The traitor was one Thomas Turberville, knight. He was taken prisoner by the French at the siege of Rheims. While a prisoner, he was induced to engage himself to convey information to the French as to what was going on in England. Probably poverty—perhaps revenge—made him consent to this shameful undertaking. He gave two sons as hostages to the Provost of Paris, and came over to England pretending that he had escaped. He was favourably received by the King, and such confidence was reposed in him as might be expected for an honourable and gallant soldier, who had done good service.

In consequence of this confidence he was able to convey to the French information which enabled them to effect a landing at Hythe, Dover, and other parts of the kingdom. Then he went into Wales on this service, and engaged the Welsh to rise at the same time as the Scots. He sent his letters by a secret messenger, who contrived to travel without suspicion as belonging to the train or following of Ambassador or Cardinal. On one occasion, however, the messenger betrayed him, and instead of carrying the letters to Paris, took them straight to the King, before whom he laid open the whole villainy of Sir Thomas Turberville. The principal letter left no doubt possible. It was that of a self-confessed, double-dyed villain. It was as follows:—

“To the noble Baron and Lord Provost of Paris, sweet Sire, at the Wood of Viciens, his liege man at his hands, greeting. Dear Sire, know that I am come to the Court of the King of England, sound and hearty; and I found the King at London, and he asked much news of me, of which I told him the best that I knew: and know, that I found the land of Wales in peace, wherefore I did not dare to deliver unto Morgan the thing which you well wot of. And know that the King has fully granted peace and truce; but be you careful and well advised to take no truce, if the same be not to your great advantage: and know that if you make no truce, great advantage will accrue unto you, and this you may say to the high Lord. And know that I found Sir John Fitz Thomas at the King’s Court, for the purpose of treating of peace between him and the Earl of Nichole as to the Earldom of Ulvester: but I do not yet know how the business will turn out, as this letter was written the day after that the Cardinals had been answered: wherefore I dare not touch at all upon the business that concerns you. And know that there is little watch kept on the sea-coast towards the South: and know that the Isle of Wycht is without garrison: and know that the King is sending into Almaine two bishops, and two barons, to speak to, and to counsel with, the King of Almaine as to this war. And know that the King is sending into Gascoigne twenty ships laden with wheat and oats, and with other provisions, and a large sum of money: and Sir Edmund, the King’s brother, will go thither, and the Earl of Nichole, Sir Hugh le Despenser, the Earl of Warwyk, and many other good folks: and this you may tell to the high Lord. And know that we think we have enough to do against those of Scotland: and if those of Scotland rise against the King of England, the Welsh will rise also. And this I have well contrived, and Morgan has fully covenanted with me to that effect. Wherefore I counsel you forthwith to send great persons into Scotland: for if you can enter therein, you will have gained it forever. And if you will that I should go thither, send word to the King of Scotland, that he find for me and all my people at their charges honourably: but be you well advised whether you will that I should go thither or not: for I think that I shall act more for your advantage by waiting at the King’s Court, to espy and learn by enquiry such news as may be for you: for all that I can learn by enquiry I will let you know. And send to me Perot, who was my keeper in the prison where I was: for to him I shall say such things as I shall know from henceforth: and by him I will send you the matters that I fully ascertain. And for the sake of God, I pray you that you will remember and be advised of the promises that you made me on behalf of the high Lord, that is to say, one hundred livres of land to me and my heirs. And for the sake of God I pray you on behalf of my children, that they may have no want so long as they are in your keeping, in meat or in drink, or other sustenance. And for the sake of God I pray you that you be advised how I may be paid here: for I have nothing, as I have lost all, as well on this side as on the other: and nothing have I from you, except your great loyalty, in which I greatly trust. Confide fearlessly in the bearer of this letter, and show him courtesy. And know that I am in great fear and in great dread: for some folks entertain suspicion against me, because I have said that I have escaped from prison. Inform me as to your wishes in all things. Unto God (I commend you) and may he have you in his keeping.”

The traitor was arrested and taken to the Tower of London. A week later he expiated his crime as follows:—

“He came from the Tower, mounted on a poor hack, in a coat of ray, and shod with white shoes, his head being covered with a hood, and his feet tied beneath the horse’s belly, and his hands tied before him; and around him were riding six torturers attired in the form of the devil, one of whom held his rein, and the hangman his halter, for the horse which bore him had them both upon it; and in such manner was he led from the Tower through London to Westminster, and was condemned on the dais in the great hall there; and Sir Roger Brabazun pronounced judgment upon him, that he should be drawn and hanged, and that he should hang so long as anything should be left whole of him; and he was drawn on a fresh ox-hide from Westminster to the Conduit of London, and then back to the gallows; and there is he hung by a chain of iron, and will hang, so long as anything of him remain.”

Understand what was meant by all these details. They were partly to make him undergo the greatest humiliations possible; partly to teach the people what was meant by high treason. First, he had been a noble knight, therefore he must ride—but on a wretched hack. Next, he had been a gallant soldier, therefore he must wear a helmet—but it was a monk’s hood. Thirdly, as a soldier, he must have a coat of mail—but it was of the poorest and commonest striped cloth, such as used to mark the trade of a prostitute. Fourthly, instead of a soldier’s boots, he wore the white shoes of a scullion. Fifthly, so that no one could doubt what would be his fate after death, the devils had already got him; and since he was to be drawn to his place of hanging, let the journey be as long as possible, viz. from Westminster to the middle of Cheapside, and then by Newgate to the gallows at the elms at Smithfield; and since the ordinary hurdle as used for murderers and housebreakers is far too good for him, therefore let him be drawn on the gory and bleeding hide freshly stripped from the carcase. And finally, let him hang as long as anything remains of him to hang—for all the world to see, and for all the world to execrate.

Another memorable punishment was that of Sir Robert Tresilian, Lord Chief Justice of Richard II., who was hanged with Sir Nicholas Brembre and others. The method of his punishment illustrates the curious mixture of barbarity and of pity which characterised the time. His judges were anxious to inflict upon him the greatest possible amount of ignominy, and at the same time not to destroy his soul. He was therefore drawn on a hurdle all the way from the Tower of London to Tyburn, and with some humanity they allowed him to rest at the end of each furlong, in order that he might confess with the friar who accompanied him. When, however, he arrived at Tyburn, he refused absolutely to go up the ladder which led to the gallows. Then they proceeded to beat him with clubs—remember this man had been Lord Chief Justice,—and he finally consented to climb the ladder. When he stood upon the scaffold he turned to the hangman and said, “You cannot hang me as long as I have got anything on.” Thereupon they took off his clothes and found in his pockets certain charms with which he had provided himself against a violent death. Having thus removed the charms, they proceeded to hang him naked, and he was left hanging for the next twenty-four hours.