"The Law of the Wise": Some Corporal and Capital Punishments of the Old Bailey

By Catherine Curzon 

In these modern times, crime and punishment is something of a political hot potato. The question of leniency of sentencing is one that crops up time and again in coverage of this most serious issue, with the rights of those convicted of crimes and their victims a subject of near constant debate. We recognise now that it is important that the severity of the punishment should fit the nature of the crime though, of course, these are not particularly simple waters to navigate. 

Crime and punishment in the Georgian era is, of course, a favourite subject of mine and I have, on occasion, been accused of having a somewhat macabre interest in the Bloody Code. My post today should do nothing to dispel those rumours and it is my morbid pleasure to be your guide to some of the most popular methods of corporal and capital punishment imposed at the Old Bailey throughout the long 18th century. 

In coming posts, we will learn a little more of the other punishment options available and those who were subjected to them but for now, consider this your Georgian punishment digest! 

Branding 
Branding was the act of marking a felon with a hot iron, often with the shape of a letter that represented their crime such an M for murderer. In the early 18th century these brands were made on the cheek of the criminal but, eventually, they were branded on the thumb in order to give them at least a chance of finding employment and living something close to a normal life. With the branding carried out in the courtroom on the day of the sentencing, the very public and permanent mark meant that branding could only be applied once. 

The pillory at Charing Cross in London, c. 1808.

Pillory 
The pillory was usually set in the middle of a busy part of town to ensure that the maximum punishment and humiliation was inflicted on the felon. A cousin of the stocks, the pillory allowed the convict to be secured by neck and hands and there he would be subjected to abuse from the populace, both verbal and physical. All manner of items would be hurled at the person in the pillory, from faeces to rotten food and even dead cats or, in the case of Daniel Defoe, fresh flowers! Although not intended to cause lasting physical harm, there are records of deaths, blindings and other serious injury to those being pilloried. On occasion, the person in the pillory might be unfortunate enough to encounter our next punishment at the same time. 

Whipping 
Another punishment with a strong element of public humiliation was that of whipping. On occasion related to the pillory, it was more often applied in the very streets of the city. Whether male or female the felon was stripped to the waist and tied to a cart that moved through the streets. Stumbling along after the vehicle, the convict endured both pain and humiliation as, walking behind, the executioner whipped them through the gathered crowds.

The Tyburn Tree

Death by Hanging
This is the punishment most associated with the era and tales of the Tyburn Tree echo through history, ballads and stories told of the men and women who died there. Some were notorious, some forgotten but all shared the dubious honour of meeting their death on this famous site. Of course, not everyone who went to their deaths did so at Tyburn and not everybody who was handed the death penalty was actually executed but this chilling sentence remains at the heart of the Bloody Code.

Driven in a cart from their prison to the gallows with their hands bound, convicts were subject to a public procession through the streets of London where crowds awaited them. Some were feted, others abused and on occasion, stops were made to allow the condemned to take some last drops of alcohol or, in the cases of some more celebrated prisoners, meet their public!

Upon arrival at Tyburn, where still more spectators crowded in to watch, the prisoner was given the chance to address the crowd. Whilst some took the route of repentance, others protested their innocence, remained silent or were too shocked, terrified or drunk to make much sense at all. Still in the cart, the noose was placed around the convict’s neck, the hood over their head and the cart was driven away, leaving them hanging and suffering a slow, agonising death by strangulation. Later the cart was replaced by a drop that was intended to result in a quicker death; often it did, but sometimes, it did not. Family and friends of the hanging person would rush to their aid, dragging at their flailing legs in an effort to hasten their death and lessen their suffering.

Not all who received the death penalty met their fate on the gallows, of course. A pregnant woman might “plead her belly” and escape the penalty and, in many cases, such sentences for men and women were commuted to lesser punishments. Now and again, though not exactly often, a convict might even be pardoned and set free.

Newgate, the old city gate and prison

The Old Bailey in the 18th century was not a place where leniency was practised often and if modern methods focus on rehabilitation, this was not the case for our Georgian ancestors. Punishments were severe and even crimes that seem relatively minor to us now, such as pickpocketing, might result in transportation or execution. Likewise, age was no barrier to receiving a harsh sentence and Britain’s laws were regarded, rightly, as some of the most strict in Europe. Over time the punishments began to reduce in severity for lesser crimes but for many years execution remained a viable and popular sentence. The last hanging in England took place in 1964 and even now a particularly brutal crime sees calls for the death penalty to be reintroduced. It is a debate that still goes on, of course, but for the foreseeable future, no criminal sentenced in England will face the noose.

References
Old Bailey Proceedings Online (www.oldbaileyonline.org)
Brooke, Alan and Brandon, David, Tyburn: London's Fatal Tree (The History Press, 2013)

Cawthorne, Nigel, Public Executions: From Ancient Rome to the Present Day, Arcturus Publishing (2006)

Gatrell, Vic, The Hanging Tree: Execution and the English People 1770-1868 (OUP, Oxford, 1996)
Grovier, Kelly, The Gaol (John Murray, London, 2009)
Nelson, John, The History and Antiquities of the Parish of Islington, in the County of Middlesex, T Lester (1829)
Wade, Stephen, Britain's Most Notorious Hangmen (Wharncliffe Books, 2009)
Webb, Simon, Execution: A History of Capital Punishment in Britain (The History Press, 2011)

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Glorious Georgian ginbag, gossip and gadabout Catherine Curzon, aka Madame Gilflurt, is the author of A Covent Garden Gilflurt’s Guide to Life. When not setting quill to paper, she can usually be found gadding about the tea shops and gaming rooms of the capital or hosting intimate gatherings at her tottering abode. In addition to her blog and Facebook, Madame G is also quite the charmer on Twitter. Her first book, Life in the Georgian Court, is available now, and she is also working on An Evening with Jane Austen, starring Adrian Lukis and Caroline Langrishe.

A Proper Education - Stuart Schools

By Deborah Swift

In the Stuart Era it was not unusual for a girl to be married at twelve or thirteen, and for a boy to finish school and go to university by the age of sixteen. Girls were seldom educated unless they were of wealthy families, and even then the subjects taught were usually French, dancing, music, needlework and household management. Only a few were taught mathematics or sciences as these skills were thought inessential in a wife.

Boys of course were educated. The leading schools were Eton, St Paul's, Winchester, Westminster and The Merchant Taylors Schools, which  were founded by men from the Guild. The Merchant Taylors used to be armourers. The Linen Armourers, an allied craft to the Tailors, originally made the padded tunics or gambesons worn under suits of armour, and by the 17th Century had grown to be one of the most influential guilds in London. The London School was founded in 1562, but burnt down in the Great Fire of 1666 and had to be rebuilt. 

The Merchant Taylors Company also founded schools such as this one in Hertfordshire. The school above in Mill Street, Ashwell, was built in 1681 by the Merchant Taylors Company as a result of a bequest for this purpose made by Henry Colbron, a London scrivener. 

For the unfortunate pupils school days began at 6am and went on until late afternoon when the light was best. Study would be undertaken by means of slates to write on, and horn books which the teacher used as text books.

Tuer - Miss Campion holding a horn book.

From the Museum of Derby

The boys would be severely disciplined for laziness or stupidity in a way we would find unacceptable today. The birch rod was a symbol of a master's authority, as servants were frequently beaten, and it was exactly the same in school. Whether you were an apprentice or at school, you were likely to be on the receiving end of  corporal punishment. Flogging was frequent and severe, as it was thought to drive 'devils' from the body. It was thus used for every moral lapse or failing, and the boy would typically have his bottom beaten until blood flowed. Another common punishment was to use a 'ferula' - a flat ruler with a rounded end into which a hole had been cut. This was used to strike the hand or mouth and the hole brought up a terrible blister.

Some noble boys were educated at home, but by the 17th Century the private tutor was much less popular, as numbers of schools increased. 'Grammar Schools' took day pupils and 'Colleges' were residential and took boarders. But occasionally boys were placed in the homes of a suitable tutor. They would go to Oxford or Cambridge Universities usually at 14 to 16 years old. Childhood was certainly short in those days.

Young gentry were often sent on a Grand Tour which was an rite of passage that introduced them to the cultural riches of Europe and gave them an insight into foreign affairs and diplomatic relations. A typical tour would include Paris, Geneva, Turin, Florence, Venice, Rome. In my book 'A Divided Inheritance,' Zachary Deane is sent on just such a tour by his uncle.

17th Century Village School - Issac ostade (school of)

All through his schooling life the boy would have leisure time with his friends which more often than not involved blood sports such as falconry, shooting, stag hunting and badger baiting. At University there was 'swearing, drinking,rioting and hatred of all piety' 
(Simonds d'Ewes Cambridge 1620).

There were one or two attempts to introduce the idea of French Academies, for example in 1635 the Museum Minervae was established under royal patronage by Sir Francis Kynaston in Bedford Square, and its course included the arts, antiquities and military studies as well as mathematics and languages. Charles I  himself donated books, antiques, and other apparatus. Unfortunately, the fortunes of the Museum Minervae Academy declined when its patron was executed! 

Cambridge University (Picture : The Times)

Once schooling was over the boy would often be sent abroad - wherever there was a War - to gain military experience. To the left, men training with Matchlock Musquettes - popular during the first half on the 17th Century. During the Thirty Years War many young men from England went to fight on the continent. No doubt their experiences were useful when they returned and needed to fight during the English Civil Wars.



Sources: Caliver Books English Civil War Notes, Stuart England - Blair Worden, www.britishhistory.ac.uk, www.olivercromwell.org ,
www.merchant-taylors.co.uk



More about Deborah: www.deborahswift.co.uk