"A FAIR MARK, MY LORD."
We reproduce from a carefully written work entitled, "In and Around Morecambe and Its[140] Bay," issued by Mr. T. A. J. Waddington, York, an old-time picture of a branding scene. In the Lancaster Criminal Court is still preserved a branding iron. "This iron," we are told, "is attached to the back part of the dock; it consists of a long bolt with a wooden handle at one end, and the letter M at the other. In close proximity are two iron loops designed for securing firmly[141] the hand of the prisoner whilst the long piece of iron was heated red hot, so that the letter denoting 'Malefactor' could be impressed. The brander, after doing his fiery task, examined the hand, and on a good impression being made on the brawny part running from the thumb, would turn to the judge and exclaim—'A fair mark, my Lord!'"
At the Assizes held at Northampton, in 1720, before Mr. Justice Powis, the following prisoners were adjudged to be branded:—"Silvester Green, found guilty of sheep-stealing, burnt in the Hand. And James Corby, the Pig Merchant, had the Honour of the Brand confer'd on him likewise: Jane Clarke, William and John Green, convicted of several Petty Thefts and Larcenies, are to travel for 7 years after the proper Officer has kiss'd their Hand with a Red Hot Iron."
The foregoing list is drawn from the reports in the Northampton Mercury, and in the same paper for August 1st, 1721, it is stated "The following Persons were try'd at The Assizes held for The Town and County of Northampton, on Tuesday, the 26th of this Instant. Isabella Chapman and John Field were convicted of several Thefts and Larcenies. To be burnt in The Hand and whipt;[142] and afterwards to be transported for 7 years. Fielding's crime was stealing 12 sheep.... Isaac Emmerton, who was committed on the 21st May last ... was burnt in The Hand."[33]
Branding in some instances appears to have been a mere farce. "When Charles Moritz, a young German, visited England in 1782, he was much surprised at this custom, and in his Diary he mentions that a clergyman had fought a duel with another in Hyde Park, and killed the man; he was found guilty of manslaughter, and was burnt in the hand, if that could be called burning which was done with a cold iron."[33] Such cases as this prepared the way for abolishing the custom, as cold irons for one class, and hot irons for another, could not be tolerated.
It was customary to command criminals in the courts in the past century to hold up their hands to prove if previous convictions had been passed upon them.
FOOTNOTES:
[31] Andrews's "Literary Byways," 1898.
[32] Cox's "Three Centuries of Derbyshire Annals," 1888.
[33] Markham's "Ancient Punishments of Northamptonshire," 1886.