'"J^^^^^K^^K DA 537 T13 \U^ 1853 TEMPLE BAR fbe Cilij (jiolgolba. s ^'AKHATIVK OK THK HISTORICAL Otv UIUiliNCKS OF A ,niMINAL CHAHACTKH AhSOCIATFD WITH THE Pni>:i:NT kai\ I A MEMBER OF THK INNER TEMI'I,E. tJ5f (Qnrnf 11 Siaui ^rljnnl Hibrary 3 1924 077 044 109 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924077044109 TEMPLE BAR i^\t €xt^ §i^Gt\K, at the CO a ucn-eiLC f- ' ^-i pt' <- n- f n r >■ '■" TEMPLE BAR C|e Citg Mpi\n, A NARRATIVE OF THE HISTORICAL OCCURRENCES OE A CRIMINAL CHARACTER ASSOCIATED WITH THE PRESENT BAR. BT A MEMBER OF THE INNER TEMPLE. " I would we were all of one mind, and one mind good. — ! there were desolation of gaolers and gallowses !" — CymhcUne, Act V. Scene 4. LONDON: DAVID BOGUE, 86 FLEET STREET. MDCCCLIII. LONDON : PRINTED BY Q BARCLAY, CASTLE SI, LEICESTER SQ. ^jJUjrn^ QkCUvuM \{irll^> Obserye theBmner which would all enslave Male tremilm^ Rebels cd- tluFainA ga^e. Whzch nmied Fray tors dui sir proudbj wave. AnAdi-ead thiir Fain wOh, horrcr unci cmta^e ]}wJ>evilse£mstheprejecttade6pu':e LetBTibons Sons th^ Emblmmtich vuw A Fiend cmfksed rwm, off the trophy fUes, And ■pUwnl'^ ses whMi is IteheJUons duf. . j], J.t; •:.:. k :X'. Ai :xt IL .i'Sl-, . PART I. From the Restokation of Chaeles II., 1660, to the Death of Queen Anne, 1714. Temple Bar, the only survivor of the City bars and gates, has, on many occasions, obtained no inconsiderable share of public attention. Placed between the Hberties of the cities of London and West- minster, it sets to each a limit. It stands alone — a monument of bygone days, an enduring record of the povs^er of the Crown, and of the passions of the people — a memorial of a period when, to insure the security of the throne, the terrors of the law were alone rehed upon, and humanity and com- passion for human imperfections constituted no part of the criminal jurisprudence of the country. Replete as this every-day scene is with reminiscences of the past, we have considered that half an hour might not be mipro- fitably employed in recalling some of those historical occurrences with which it has been associated. I TEMPLE BAE, We have, however, no intention of indulgitig our readers with antiquarian lore, of dwelling for one moment on its architectural proportions. Neither do we propose accompanying the herald in those gorgeous processions to which, at the sound of his trumpet, its gates have opened to admit the Sovereign, encircled by the chivalry of the Court, within the most loyal of all cities, the good city of London !* " May peace be within her walls." The historical occurrences to which our attention wUl be limited are of a much less attractive character. We have to contemplate the frown, not the smile of royalty ; to direct oiir attention from the crowded thoroughfare to the gloomy summit of the arch, to behold there in the vividness of mental vision what our forefathers, in the distinct reality of form, were forced to regard — those livid heads and dismembered hmbs which, as terrible examples of hostile resist- ance to the power of the throne, have from time to time been affixed upon it. A practical commentary, illustrating in characters of blood the words of Solomon, — " Curse not the king, no not in thy thoughts; and curse not the rich in thy bedchamber: for a bird of the air shall carry the voice, and that which hath wings shall tell the matter." * A work, we believe, is in the course of preparation by a gentleman fully qualified for tlie task he has undertaken, which wiU embrace both these subjects. TEMPLE BAH. If, from the contemplation of this mournful subject, any sug- gestions should arise having a tendency yet further to ameliorate the criminal institutions of our country, to render them still more in accordance with the unproved feelings of the great conununity in VFhich we are Hving, we shall reflect with much pleasure on the time we have passed near the City Bar. Old London Bridge, the southern entrance to the metropolis, had for many centuries been considered a locahty advantageously adapted, from its public position, for striking terror into the hearts of the rebellious, by the display of the lifeless heads of those who had fallen under the severity of the laws — laws ruthlessly admi- nistered, and carried into execution with a barbarity the conception of which it is difEcult at the present day to realise.* The head of the Scottish patriot, Wallace, and, subsequently, * In the reigu of Edward IV. Thomas Burdet, Esq., of Arrows, in War- wickshire, was beheaded for having used a coarse expression, the apphcation of which had been erroneously apphed to the person of the king. In the same reign, a tradesman, who kept a shop at the sign of the Crown, having said he would make his son heir to the Crown, this harmless pleasantry was inter- preted to be spoken in derision of Edward's assumed title, and he was condemned and executed for the offence. In the reign of Henry VIII., April 6, 1631, Richard Kose, a cook, was boiled to death in Smithfield, for poisoning several persons in the family of the Bishop of Eochester ; an ex post facto act had been passed for this express purpose. Margaret Davy subsequently, on March 17, 1541, suffered a simi- 4 TEMPLE BAK. the heads of Sir Thomas More and Fisher, bishop of Rochester, had, amidst many others of scarcely inferior note, graced, not dis-. graced, the stem battlements of the Drawbridge Tower. The restoration of Charles II. to the throne — in whose reign our narrative commences — had been accompanied by little amend- ment either in the criminal law or practice of the country; with few exceptions, the same severe enactments continued on the statute book ; the same means as those adopted in the days of the Plan- tagenets and Tudors were still deemed essential to punish treason, or to deter from its commission. It was the misfortune of the king, on his arrival in England, to receive from all classes of his subjects the most servile adulation. Endeared to them by the recollection of his past adversities, no lar death in Smitifield, "for poisoning three households that she had dwelled in." This Act was repealed in the following reign. Burning females to death, however, continued, within the memory of the present generation, to be inflicted by the law for the crimes of high and petty treason. For the latter crime, the last to suffer in London was Catherine Hayes, burnt to death at Tyburn, May 9, 1726, for the murder of her husband ; for the former, Catherine Murphy, for colouring a piece of metal to resemble a shiUing — made high treason by the 15th and 16th George II. c. 28 — was burnt in the Old Bailey, on the 18th March, 1789 ; by the humanity of the sheriff, she was, however, first strangled. By the 30th Geo. III. c. 48, this barbarous mode of punishment was abolished, and hanging substituted. TEMPLE BAE. 5 measures, however humiliating, were neglected to convince him of their smcere contrition for their former rebellious conduct. The clergy hastened to place his dethroned and beheaded father in the martyrology of the saints ; the legislature, to -decree that the day on which the " Sons of Belial " had imbrued their hands in his blood should ever after be observed as a day of solemn fasting and humiliation; and the lower orders, frantic with loyalty and the wine running from the conduits, "to throw up their caps, and cry ' God save his Majesty.' " In this excited state of feeling an Act was passed, by which the judges who condemned the deceased monarch, and some others who had taken a leading part in the civil commotions of the last reign, were excluded from an indemnity which exempted from punishment many who had been less actively engaged in the stirring events of that period. For this exception the nation were indebted more to the cle- mency of the Crown than to the merciful disposition of the Par- liament. By the operation of this Act, several of the persons we have mentioned were soon afterwards tried, condemned, and executed, and their heads affixed, in terrorem, on London Bridge. That the sword of justice should descend on those alone whose lives had been prolonged to this period, was, however. 6 TEMPLE BAK. deemed an insuiEcient expiation for the crimes that had been committed. Death had kindly removed three of the principal actors from the scene — Cromwell, Bradshaw, and Ireton. The graves were now searched for their dead bodies, and upon their discovery, fast passing into decay, they were torn from the tomb, and, amidst the jeers and scoffs of the rabble, borne to the gallows at Tyburn. On the evening of the same day their bodies were decapitated and buried in a deep hole under the gallows, and their heads placed aloft on Westminster Hall.* These acts of vindictive justice had scarcely terminated, when the office of the executioner was again called into requisition, to mete out condign punishment on a band of insane adventurers, who sought to overthrow the government of Charles, and to * " The bodies of the three usurpers, viz. Cromwell, Bradshaw, and Ireton, after an industrious search, were found on Sunday last. Thereupon they (except Bradshaw, who, on account of the offensive state of his body, could not be immediately removed) were taken out of the graves. On the evening of the 23d January, 1660-1, all of them were brought out into a pubhc-house in Holbom, and shown to any one who desired to see them ; and in the course of the following "Wednesday, being the 30th January, on which his ma- jesty's father, of excellent and blessed memory, was murdered, the above- mentioned bodies were conveyed in their open cof&ns to Tyburn (a place where the worst criminals and thieves are hanged) ; the bodies were then taken out of the coffins, and hanged on the gallows. Cromwell was wrapped in a green TEMPLE BAB. 7 establish in its place one of a most wild and visionary ' cha- racter. We allude to the Millenarians, or Fifth Monarchy men. These enthusiasts, led on by Venner, who believed himself commissioned by Heaven to proclaim the advent of the Prince of Peace, com- mitted the most frightful excesses. The truth of the assertions they had boldly made, that "no weapons formed against them should prosper," "no hair of their heads be touched," was shortly to be tested in the most satis- factory manner, by the execution, in different parts of the City of London, of the leader and his misguided associates. Venner was executed in Coleman Street, at the commencement of the year 1661. Their heads were placed along with those of the regicides on London Bridge.* shroud, Bradshaw in a coloured, and Ireton in a white cloth ; it was a fine day, and the sun shone as warm as in summer, and made Cromwell's fat so scorched that no one could stand by on account of the offensive smell. They were again in the evening removed, their heads cut off, and the bodies buried under the gallows. Subsequently their heads were placed on Westminster Hall." — News from London of the ith February, 1661. Translated from the scarce original in Butch. * Thomas Venner was a wine-cooper, and acquired a competent estate by his trade. He was so strongly possessed of the notions of the Millena- rians, or Fifth Monarchy men, that he expected Christ was coming to reign 8 TEIVIPLE BAE. These were the last destined to be placed there. On future occasions, when the right to dispose of the quartered remains of the subject devolved on the Crown, that right, as regards those who had suffered for high-treason ill London, wasj with few ex- ceptions, wholly or partially exercised in favour of Temple Bar. Thus the City Bar became the City Golgotha,* Afflictive as was the criminal jurisprudence of the country at this period, it was rendered still more so by the irregular manner upon earth, and that all human government, except that bi the saints, was presently to cease. He looked upon Cromwell and Charles the Second as usurpers upon Christ's dominion, and persuaded his weak brethren that it was their duty to rise and seize upon the kingdom in his name. Accordingly a rabble of them, with Venner at their head, assembled in the streets, and proclaimed King Jesus. They were attacked by a party of the mihtia, whom they resolutely epgaged, as many believed themselves invulnerable. They were at length overpowered by numbers, and Venner and Roger Hodgkin, a button-seller in St. Clement's Lane, Lombard Street (another fanatic), were executed before their meeting-house in Swan Alley, Coleman Street, in the City, on the 19th January, 1661. On Monday the 21st nine more were executed, at five several places, by one executioner ; two at the west end of St. Paul's, two at the Bull and Mouth, two at Beech Lane, two at the Eoyal Exchange, and a notable feUow, the last, by name Leonard Gowler, at Bishopsgate. Their heads were placed upon London Bridge. * The erection of the present bar commenced in the year 1670, and was completed in 1672. The design is stated to be by Sir Christopher Wren. TEJIPLE BAB. in which it was administered. " Reasons of state," rather than the acknowledged principles of law, influenced the decisions of the courts. Judges dependent for the duration of their office on the pleasure of the Crown, made it their pleasure, by slavishly obeying its mandates, to prolong their tenure of office, and thus degrade the character of the judicial bench — a bench over which the in- human Jefferies presided, whose natural element seemed to be amidst death and destruction: his most joyous moments those in which he sent a patriot to the block, or rejected, with a coarse, unfeeling jest, the last heartbroken supplication for mercy or justice. Suspicion, conviction, and execution, ever constituted an unholy trinity in the mind of this judge. We are convinced, that no language we can employ can ade- quately depict the character of one who has left so foul a blot on the judicial records of the country ; we shall, therefore, abandon the attempt, and proceed at once with our narrative to those occur- rences of the year 1683, in which he took so prominent and so atrocious a part. In the summer of the year we have named, the discovery of a real or pretended conspiracy to assassinate the King on his return from the races at Newmarket, and to alter the form of Government, commonly known as the Rye -House Plot, evinced the most un- scrupulous determination on the part of the Crown and of the 10 TEMPLE BAJt. Chief Justice to proceed against those upon whom scarcely a shadow of imphcation could rest, with a relentless severity of purpose, and a total disregard of the principles of law or of justice. The sole object of the Government being the conviction of the accused, the law was to be made, by strained interpretation, the instrument to effect that end. The mockery of a trial might have been, in all instances, and actually was in one, dispensed with. This unconstitutional course, while it inflicted an indelible stigma on the Government, greatly elevated the character of its victims. William Lord Russell, eldest son of the noble house of Bedford, had displayed the heroic character of a patriot on the scaffold in Lincoln's Ima Fields — Algernon Sidney had prayed for his mur- derers on Tower HiU — Hollo way had been hurried from the West Indies to the triple tree at Tyburn — when the last remaining victim. Sir William Armstrong, was delivered up to the English Government by the payment of a large bribe, and transferred from a foreign soil to the common gaol of Newgate. His history — being the first associated with the criminal records of Temple Bar — we shaU, in accordance with the plan we have formed, proceed to give more at length. Sir Thomas Armstrong, descended from an ancient and loyal family, was born at Nimeguen, in Holland. As he advanced in years, he discovered a vigorous, maxtial disposition, and possessed TEMPLE BAK. 1 1 a warm heart and a good head. During the exile of Charles II., his strong royalist predilections rendered him ohnoxious to the Protector, Cromwell, who confined him a whole year, in Lambeth House,* at that time a prison. Fortunately, however, he recovered his hberty, and the usage he had received not having abated his loyalty, he undertook the hazardous service of conveymg to his majesty, at Brussels, biUs of exchange and other papers of great importance. This he executed so much to the satisfaction of the King, that he conferred upon him the honour of knighthood. On his return, however, Cromwell, who had received intelligence of this journey, seized and sent him to the Gatehouse,! where he again suffered a lengthened imprisonment Subsequently he was confined in the Tower, and regained his liberty only on the death of the Protector. Charles II., on his return, received him into great favour, promoted him to the rank of lieutenant in one of the troops of Horse Guards, and conferred upon him the honourable post of Gentleman of the Horse to his Majesty. An unfortunate quarrel at the theatre, in which a person of some importance, of the name * This palace of tlie Archbisliops of Canterbury was during the Oommon- wealth converted into a prison. t Gatehouse ; Tothill Street, Westminster, is so called from two gates erected there in the reign of Edward III. Here is a prison for debtors and criminals. — London and its Environs, hy Dodsley. 12 TEMPLE BAK. of Scroop, was killed, rendered, it expedient for him to leave the kingdom. This he was enabled to do as an attendant on the king's natural son, the Duke of Monmouth. He served with him in Flanders, and acquired a high military reputation, and was held in much esteem by the friends of the Duke. On the termination of the war he returned to England, and, to all appearance, was as high in favour and credit with the court as ever. This prosperity was of short duration ; for, owing to the unsettled state of the country, and the violent factions which agitated society, he had the misfortune to countenance such measures as at first occasioned his removal from office, and, ultimately, his dismissal from the court. We may trace the ruin of Sir Thomas to his long and friendly intercourse with the Duke of Monmouth. The known vigour of his mind, and the constancy of his attachment to the person of the Duke, caused him invariably to be regarded as his pruicipal adviser. In connexion, however, with the Rye House Plot, — to which period we have now brought his history, — no other positive proof could be adduced than the solitary one of his having been present at a meeting, at a Mr. Sheppard's, towards the latter end of October, 1682, when, in conversation, a design of a " rising " in Dorsetshire had been mentioned. This was considered sufficient evidence to complete the ruin of the fallen favourite ; and every imaginable pains were taken to secure his person. For a TEMPLE BAH. 13 time, however, from having received notice of the intention of the Government, he was enabled to elude their vigilance, and after having been concealed for some time in England, he withdrew to Holland, where, under the assumed name of Henry Lawrence, he trusted to continue safe from the pursuit of his enemies. The King's minister, Mr. Chudleigh, in the mean time, having obtained a warrant from the States for apprehending such of the Conspirators as had fled from England, Sir William was taken at Leyden, and, for a present of 5000 guilders (about 5001.) to the schout, or sheriff of the place, delivered to the King's minister, who placed him on board a royal yacht, and sent him to England. He neglected, probably owing to his confusion, to plead being a native of Holland; which, had he done, there is little doubt, would have ensured, his safety. During his absence, an indictment had been preferred against him, in London, for high treason, upon which he had been outlawed. On his arrival, the Government resolved to proceed against him upon this outlawry, without allowing him the benefi.t of a trial. On the 10th of June, therefore, the day on which he reached London, he was committed to Newgate under a warrant from the Secretary of State, and on the 14th of the same month was carried to the King's Bench at Westminster, when the Attorney General, Sir Robert Sawyer, moved the Court for an award of execution 14 TEMPLE BAB. upon the outlawry. The scene that followed between the prisoner and the Chief Justice (the inhuman Jefferies) is of a character too remarkable to be slightly passed over. The Clerk of the Crown having arraigned him upon the outlawry. Sir Thomas Armstrong addressed the Chief Justice : — "My lord, I was beyond seas at the time of the outlawry, and beg I may be tried. " Lord Chief Justice. That is not material at all to us ; we have here a record of an outlawry against you, Sir Thomas. "Sir Thomas Armstrong. I desire to be put upon my trial, my lord. "Lord Chief Justice. We cannot allow any such thing; we have nothing to do upon this record before us but to award execution. Captain Richardson, which are your usual days of execution? " Captain Richardson. Wednesdays and Fridays, my lord." Sir Thomas Armstrong having afterwards called the attention of the Chief Justice to an Act made in the sixth year of Edward VI., which allowed a party a twelvemonth to surrender to an outlawry, contended that that period had not expired. In doing this he was repeatedly interrupted by the Chief Justice, who mani- fested the greatest impatience to pronounce sentence upon him; and Sir Thomas having finally urged that he should have the benefit of the law, " That you shall have," jeeringly exclaimed TEMPLE BAE, 15 the Chief Justice, "by the grace of God; see that execution be done on Friday next, according to law : you shall have the full benefit of the law." Thus terminated a proceeding, alike disgraceful to the judge that pronounced and to the sovereign that could permit such a sentence to be carried into effect. We novsr approach the closing scene of his varied hfe. On the 20th of June, about nine iu the morning, he was placed on a sledge, and, attended by the sheriffs and a nmnerous guard, conducted from Newgate to Tyburn. On his way, he employed his time in reading the " Whole Duty of Man," and having reached the appointed place, he laid aside the book, and requested that Dr. Tennison might be permitted to come near him, to whom he delivered a paper for the sheriff, and knelt down with him for a few minutes. He then resigned himself, with perfect composure of mind, into the hands of the executioner. After hanging about half-an-hour, he was cut down, and, pursuant to his sentence, his heart and bowels were taken out and committed to the flames, his body divided into four parts, which, with his head, were conveyed back to Newgate, to be disposed of according to his majesty's pleasure, and were afterwards publicly exposed. His head being set up upon Westminster Hall, between those of Cromwell and Bradshaw (note, p. 6), one of the quarters upon Temple Bar, 16 TEMPLE BAE. two others on Aldersgate and Aldgate, and the fourth was sent down to Stafford, which Borough he had represented in par- liament. Shortly after this event, when JefFeries had an interview with the King at Windsor, Charles took from his finger a diamond ring of great value, and gave it to him ; this ring was ever after called the " bloodstone." His majesty prudently added this advice, to be careful not to drink too much wine on circuit. The attention the Chief Justice paid to this recommendation, let the "Bloody Assizes" testify.* Charles the Second was of an indolent and selfish disposition, but was, when uninfluenced by others, neither vindictive nor un- * The assizes held by the Chief Justice Jefferies in the West of England in the year 1685, after the defeat of Monmouth, which ior cruelty and infamy are unparalleled in the criminal records of the country, and which obtained for them the epithet of "bloody." The historian Hume thus describes them : — " The juries were so struck with his (Jeffieries) menaces, that they gave their verdict with precipitation^ and many innocent persons, it is said, were involved with the guilty. And on the whole, besides those who were butchered by the military commanders, 251 are computed to have fallen by the hand of justice. The whole country was strewed with the heads and limbs of traitors. Every village almost beheld the dead carcase of a wretched inhabitant. And all the rigours of justice, unabated by any appearance of clemency, were fully displayed to the people by the inhuman Jefferies." — History of Ungland, 8vo. vol. viii. p. 233. TEMPLE BAB, 17 generous. The following anecdote, forming an agreeable contrast to the cruel, repulsive character of the Chief Justice, will show that, unlike the judge, he occasionally possessed some sense of moral right and justice. A report of the condemned malefactors being once made to him, one nobleman interceded for one, another for another, until they were all pardoned excepting one. The King, looking round upon the coimcil, asked of them if nobody would speak in behalf of this man ? They all keeping silence, his majesty said, " Cod's fish, my lords ! this is some poor devU who has, I suppose, neither money nor friends: come, I'll be his friend myself!" by which they were all saved. And it turned out afterwards, to his majesty's great consolation, that the man whom he had pardoned by his own royal motive proved an object more worthy of compassion than any of the others. They who have hitherto believed, with the witty Rochester, that Charles never did a wise act, may, perhaps, be now inclined to modify that opinion ; so far, at least, as to allow him the credit of wisdom in the one instance we have just narrated. Twelve years elapsed before the Bar had another occupant. In that interval great events had taken place — the house of Stuart had ceased to reign. The brutal Jefferies having with diffi- culty escaped the fury of the mob at Wapping, had sought the D 18 TEirPLE BAE. protection afforded in the Tower of London; there disease and drunkenness speedily terminated a hfe of vice and infamy. Wil- liam the Tliird had ascended the throne, not as a conqueror, but by express compact with the nation. Reciprocity of ties were claimed and admitted as existing between the Crown and the people. Constitutional liberty, trampled upon by the Tudors and the Stuarts, revived with the House of Orange, and hence- forward became the acknowledged imperishable right of every Englishman. Amidst this improved position of affairs there were, however, some who, from interest or affection, maintained their attachment to the fallen house. By the treaty of Limerick, in 1691, James had lost all footing in the British dominions, and hope alone re- mained to him — the equal privilege of majesty and misery. On his return, however, to the Continent, intrigues were, both in England and Scotland, carried on in his favour. These intrigues received encouragement from the French ministry, who, although they had suspended all open attempts in his favour, scrupled not to employ the most atrocious means to promote his cause. Assassi- nation was resorted to. Chevalier de Granvale, taken in the con- federate camp in Flanders, in 1692, having confessed the charge, was speedily hanged; 2000 livres, and the Cross of St. Lazare, were to have been the reward of his villany. TEJIPLE BAH. 19 Notwithstanding this discouragement, three years afterwards, in the year 1695, a new plot was discoyered at London; the object heing to carry off' the King (as it was expressed) on his return from Richmond, where he usually hunted on Saturdays.* Sir George Barclay, a warm adherent to the house of Stuart, had the chief direction of this conspiracy, in which about forty were engaged. Fortunately, however, the hope of reward, or the timidity of some of the subordinate actors, frustrated their dia- bolical purpose. On the 14th February, 1695, Thomas Pender- grast revealed the whole scheme to the Earl of Portland; and La Rue, on the same day, did the like to Brigadier Leveson. The Government adopted the most vigorous measures to secure the conspirators. Several, however, suspecting their plans had failed, had already withdrawn from danger. In this number was Sir George Barclay ; others, less fortunate, were captured. Robert Chamock, a Fellow of Magdalen College, was the first to suffer ; and, shortly afterwards. Sir John Friend and Sir William Parkins were placed on their trials before Chief Justice Holt, at the Sessions House in the Old Bailey. This took place on the 23d and 24th of March, 1696. * The place selected was a marshy bottom between Brentford and Tum- ham Green, by which road the king used to return to Kensington from Richmond, very slightly guarded. 20 TEMPLE BAE. We must, however, pause for a few moments, in order to take some notice of the two last-named parties, who, as they con- spired together in hfe, in death were not to be far separated; the head and Umbs of one, and the headless trunk of the other, being the next ornaments Temple Bar received. Sir John Friend, from an humble position, had, by iudustry and perseverance, arisen to considerable wealth and credit, and had enjoyed, during the last reign, a lucrative situation in the Excise. He was, at the time of his death, the proprietor of a large brewery near Tower Hill.* He had always remained faithful to the interest of James,, and his purse was ever at his service. To his wealth, however, rather than to his abilities^ * The brewery, after tlie death, of Sir Thomas Friend, was taien by the notorious swindler Joseph Crook, alias Sir Peter Stranger, Bart. He was the last person tried and convicted under the statute of the 5th Elizabeth, c. 14, entitled "An Act against Forgers of false Deeds and "Writings." The instrument he had forged was the wiU of a Mr. Thomas Hawkins, and having been found guilty, the sentence provided by the statute was carried into effect. On June 10, 1731, he stood in the pUlory at Charing Cross, and the common hangman cut off his ears and sUt up his nostrils and seared them. He was then in his 70th year. The 2d George II. c. 25, recently passed, made this offence felony ; and Richard Cooper, a victualler at Stepney, was the first person (in London) to suffer the new penalty, for the forgery of a bond of 25Z. in the name of Holme, a grocer in the neighbourhood of Hanover Square. This execution took place at Tybxun, on Wednesday, June 16, 1731. TEMPLE BAB. 21 he was indebted for the consideration he received. He readily- entered into the proposed plans of invasion ; and so soon as James should have effected a landing, with a force sufficient to give a probability of success, had engaged to join him with 2000 horse. This appears to have been the extent of his criminality: he re- pudiated all idea of assassination, nor, in fact, was this aggravation of his offence alleged against him, no count in the indictment charging him with it Sir "William Parkins was also a gentleman of property, and had warmly espoused the interests of the Stuarts. He had been educated to the profession of the law, and, during the last reign, had received the valuable appointment of one of the Six Clerks in Chancery; rather than lose which he had, on the accession of William, taken all the oaths to the Government* He was not only a consenting party to the design of assassination, but had promised to bring five men to assist in it The names of these parties, to the last moment of his life, he firmly refused to reveal to the Government, declining to save his * As regards the moral obligation of an oath, Sir WiUiam. would appear to coincide with Sir Hudibras : — " He that made and forced it broke it, Not he that for convenience took it." Evdikras, Part II. Canto 2, p. 276. 22 TEMPLE BAK. own life ty the sacrifice of his associates : a redeeming trait in a character otherwise darkened by many vices. The jury at once found them guilty, and the usual sentence was passed upon them as traitorsi The following account of their execution is extracted from the newspaper of the day: — " Yesterday being the 3d of April, Sir "William Parkins and Sir John Friend were drawn in a sledge from Newgate to Tyburn, where they were hanged and quartered. They had books in their hands the whole way, and Sir John seemed more penitent than Sir William. They prayed very heartily, being assisted by three non-jurant ministers, Mr. Cook, Mr. CoUier, and Mr. Snatt: they both confessed a knowledge of the plot. Sir WiUiam Parkins was observed several times to smile in the sledge, and seemed to take much notice of the spectators. Sir John Friend confessed having heard of the assassination, but that he abhorred it. " When they came to the press-yard. Sir John said to Sir William, ' We shall soon be in a glorious state.' At the gaUows, before the cart was drawn away, they kneeled down, and the three ministers* laid their hands on their heads, and so they went off." * " Collier, Snatt, and Cook, three non-jurant clergymen, waited on them at Tyburn, and the three at the place of execution joined to give them public TEMPLE BAE. 23 The quarters of Sir William Parkins and Sir John Friend, together with the head of the former, were placed on Temple Bar. Evelyn, in his "Diary," referring to this melancholy scene, remarks, — "A dismal sight, which many pitied. I think there never was such a Temple Bar till now, except once in the time of King Charles the Second, viz. Sir Thomas Armstrong." The head of Sir John Friend was set up on Aldgate; on accoimt, it is presumed, of that gate being in the proximity of his brewery. Pendergrast, the principal discoverer of the plot, received from the King a present of 3000Z. in money ; an annuity of 500^. was likewise settled upon him and his heirs, and he had also conferred upon him a colonel's commission in the army. Nearly the last person to suffer on account of this conspiracy was Sir John Fenwick, of Fenwick Castle, in the county of Northumberland, a man of considerable talent but of a restless disposition, and who, twenty years previously, had commanded a absolution, with an imposition of hands, in the view of all the populace, though they died avowing the evil doings in which they had been engaged, and expressing no sort of repentance for them. "For this offence Cook and Snatt were committed to Newgate, CoUier absconded. The dispute lasted some time, but they were ultimately released." — History of the Reign of WiUiam. 24 TEMPLE BAK. Tegiment in the service of William the Third, when Prince of Orange. His history, excepting that he was a participator in ±he crime of those whose limbs were then exposed, is not asso- ciated with Temple Bar; as, after his decapitation on Tower HUl, on January 23, 1697, his remains were removed to the Church of St. Martin-in-the-Fields, and there deposited in the family vault. We merely take notice of him, as, by a remark- able coincidence, the death of William was not altogether un- associated with the execution of this northern baronet. The partiality of the King for his palace at Hampton Court is well knoM'n; and in the improvement of the gardens he had projected a new canal, near that which is at present in existence. On the morning of February 21, 1702, he rode into the Home Park to inspect the progress of the work, and was mounted on a sorrel pony, which had formerly been the property of the un- fortunate Sir John Fenwich. His Majesty having reached the spot where the operations were being carried on, the pony accidentally placed his foot in a mole-hill, and fell. The King's collar-bone was fractured by the fall, and having been removed first to Hampton Court Palace, and subsequently by his desire to Kensiagton, he expired after much suffering, on the morning of Sunday, the 8th day of March, 1702, in the fifty-second year of his age, and the thirteenth of TEMPLE BAD. 25 his reign. The adherents of James eulogised their beloved " Sor- rel;" and the wit of Pope was shown in the {olloyviag jeu d'esprit, contrasting the safety of Charles in the oak at Boscobel, with the accident to William in the gardens at Hampton: — " Angels, who watched the guardian oak so well, How chanced ye slept when luckless Sorrel fell 1 " In breathless haste — the historian informs us — the courtiers hastened from the palace to announce to Anne her exaltation to the throne. "We must now resume our narratiA'e. With the peace of Ryswickj in 1697, ended all attempts in favour of the exiled king, who, from ambition, turned his attention to religion, trusting to secure a heavenly crown as a recompense for the loss of his earthly one; and in the p:tactice of the austerities of an ascetic course of Kfe, he died of a lethargy, at St. Germams, July 6, 1701y at the age of sixty-eight, and was buried in the English Benedictine monastery at Paris. As we have seen, a few months subsequent to this event, WiUiam the Third had expired at Kensington. Anne, the second daughter of James by his first wife, the daughter of the great Lord Clarendon, by vktue of the Act of Settlement ascended the throne, and was speedily engaged in contmental wars to check the power of France ; Louis the Fourteenth having, by a family 26 TEMPLE BAR. marriage, connected the crown of Spain with the House of Boiirbon. The Peace of Utrecht, in 1713, effected this object, and, moreover, compelled Louis to send James Francis Edward, the son of the late exiled monarch (w:ho had been openly acknowledged by him by the title of James the Third), out of his dominions. If we except an abortive effort to land troops in Scotland, the reign of Queen Anne passed over without any open attempt to disturb her throne, and she had the good fortune not to be called upon to execute the rigour of the laws on any of the supporters of her family. After a reign of nearly thirteen years, made glorious by the victories of Marlborough, the Queen breathed her last at Ken- sington, on the 1st day of August, 1714, and was, on the 24th of the same month, buried in Henry the Seventh's chapel in Westminster Abbey. - The herald proclaimed over her tomb her earthly titles; to which the nation," in affection for her memory, added another, by which she has been generally distinguished — that of the good Queen Anne. PART 11. Feom thk Accession of the House of Hanotee, 1714, to the Thcrteenth Yeak of the Reign of George IIL, 1772. George the First had no sooner ascended the throne than the slumbering embers of loyalty to the exiled family burst again into a flame, and many of the Scotch, as also of the Enghsh nobility, openly declared for the Pretender ; by which name the heir of that family was now called. His standard was raised in Scotland ; but divided councDs and hesitation at the moment when the greatest unanimity and decision were requisite, combined with other causes, for which we must refer the reader to the historians of that period, rendered all their attempts abortive. A very considerable force, however, penetrated as far as Preston in Lancashire, which town surrendered to them without offering any resistance. Notwith- standing this success, the leaders of the Pretender's forces, satis- fied of the inutility of continuing longer the contest, (the King's 28 TEMPLE BAE. troops having been reinforced in the night), resolved at once to capitulate, without having further recourse to arms — a resolution the brave Highlanders resented as cowardly — and declared themselves ready to make a sally, sword in hand, and either cut their way through the King's troops or perish in the attempt. This was overruled, and the Pretender's force surrendered at discretion. All the noblemen and leaders were secured. Some were immediately tried by a court-martial, and executed; whilst others, among them Lords Derwentwater, Kenmuir, and other officers of distinction, were sent to London, marched through the streets, pinioned like malefactors, and committed to the Tower and other metropolitan prisons. It may be interesting to have from an eye-witness — a prisoner at the time in Newgate — some account of this mournful procession. "The day now was come," he observes, ''when those unfor- tunate noblemen and gentlemen who, by a surrender at discretion, had entertained vain notions of saving life and estate, were to be led in triumph, as an example to deter other incautious and rash persons from the like attempt, through crowds of spectators to their respective prisons, which the Government had appointed to be the Tower of London, the Marshalsea Southwark, Newgate, and the Fleet. Wherefore all things being prepared for them, especially in that mansion-house where my ill stars obliged me TEMPLE BAH. 29 to take up my abode, I got leave of tlie Governor thereof to take a view of them as they came through the gate, from a room over it on the master's side. And here it may not be from the purpose of an historian to say, that the respective prisoners, in their journey from Preston to London, having been used with the utmost civility and decency, according to their qualities, on their arrival at High- gate were to know what they were to expect ; which, indeed, was no more than the laws of our own, and the common practice of other nations, in like cases authorised and allowed. "Accordingly, Major-general Tatton, with two battalions of the Royal Foot Guards, completely armed, attended their coming to the place just mentioned; and haAong brought cords sufficient to pinion each of them, after the fashion of condemned criminals, and to lead their horses with (since, from the lord to the footman, they were to have every one a grenadier for that end), they were ordered to proceed on their march in fom* divisions from the Hill, under safe conduct, to their several places of confinement. "The Major-general led the way (being preceded by several citizens of more loyalty than compassion, who made repeated huzzas to excite the mob to do the like), at the head • of a company of the First Regiment of Guards, who made a very fine appearance ; after which came the divisions that were appointed to take up their abode in the Tower, two by two. The Earl of Derwentwater 30 TEMPLE BAE. and Lord Widdrington in the first rank, and the other lords and noblemen following, with haltered horses, and their riders, like common malefactors, reviled and hooted." Robert Dalziel, earl of Carnwath, and Wilh'am Gordon lord Kenmuir, upon the same authority, occupied the third rank. The gates of the gloomy fortress had scarcely been closed on these unfortunate' noblemen, than they were to be again opened to deliver over to the sheriffs the youthful Earl of Derwentwater and the more aged Lord Keimiuir, who, having been impeached by the House of Commons, had • pleaded . guilty to the articles exhibited against them, and on the 24th of February, 1716, were, by the forfeiture of their lives, to pay the penalty of their misplaced zeal and loyalty to the. son of their former sovereign. The loss of these noblemen was deeply felt in the north, where their estates were situated. By their bounty the poor and needy had been fed, and to them the widow and . the fatherless had never appealed in vain for protection. In expressing commiseration, however, for their fate, let us not forget the admonition contained in the words of one of the greatest ornaments of the judicial bench. Judge Hale, who was accustomed to remark, " When I find myself inclined to pity a criminal, let me remember there is likewise a pity due to the country." Forming a part of the melancholy procession we have described TEMPLE BAE. 31 were those destined to be confined in the prison of Newgate. In this number were Colonel Henry Oxburg and Richard Gascoign. Of the former we have to take some notice, as his head was shortly to be placed on the top of Temple Bar. Colonel Henry Oxburg, previous to the year 1715, had resided on his property in Lancashire, and from his attachment to the cause of the Pretender had, immediately on the breaking out of the rebellion, joined his forces in the north. Whilst serving in the French army some years prior to this event, he had acquired a distinguished character for. his gallant conduct, and was by General Forster,* who held the chief command in the Pretender's army, immediately made a colonel. To him had been consigned the humiliating task of proposing the capitulation of Preston. * General Forster had been confined in Newgate, with several of the iprisoners taken at the surrender of Preston. The following account of the manner in which he effected his escape is taken from the diary of a prisoner confined in the same prison with him : — "April 10, 1716. — Mr. Forster abused the hberty which was allowed him by Governor Ktt,* and made his escape as follows : — ^His servant had taken an impression in wax of the key of the outer door, and got one made accordingly. While Forster and Anderton were drinking French wine with Mr. Pitt, Forster sent his own man for a bottle of his own wine to make up the treat, and on * Mr. Forster and Mr, Anderton, another prisoner for the same offence, paid 6L a-week each for their lodging and diet in the Governor's house. 32 TEMPLE BAR. We have already recounted the brief, and to them disastrous, issue of this campaign. On the 9th of May he was placed on his trial at Westminster, before Chief Justice Parker, on the charge of high treason; and the jury, considering the evidence produced conclusive of his guilt, returned a verdict to that effect Pursuant to his sentence, he was, on the 14th of the same month, executed at Tyburn; his body was buried in the churchyard of St. Giles-in- the-Fields, and his head placed upon Temple Bar. This was on the 16th of May, "which is a circumstance," remarks a writer * of the day, " which we chose to mention, that the rebels may place it among their other saints' days." He met death without the slightest trepidation, and had attained such a remarkable serenity and temper of mind during his imprisonment, that when, in the language of one who had frequent opportunities of conversing with him, " he declared his sentiments, they seemed to ghde ia upon pretence of going to the vault, he went out of the room. The fellow, according to order, had looked up Mr. Pitt's black in the cellar, as he went down with him to bring up the bottle, and then stayed at Mr. Pitt's outer door until Forster came, and both went out together, having locked the door on the outside, and left the false key in the lock to prevent them being suddenly pursued. They got to Prettlewell, in Essex, next morning by four o'clock, with two more horsemen that were ready to attend them, and having a vessel provided at Leigh went over to France." — Secret History of the Rebels in Newgate, 1716. TEMPLE BAE. 33 you like a gleam from the true God: you received comfort from the man you came to comfort." Richard Gascoigne shortly followed his friend and companion to the grave, having been executed at Tyburn the 25th day of May, 1716. He was likewise buried in the churchyard of St. Giles-in-the-Fields. It forms no part of the plan of this narrative to trace, step by step, the history of these troubled times, except so far as may be sufficient to elucidate either the history of the Bar or the bio- graphical notices of those connected with it. We shall, therefore, not enlarge on the fate of many consigned to an ignommious death, whose youth, and consequent inexperience of the world, might justly have pleaded for a mitigation of the capital punishment;* but George the First knew little of the English people, and cle- mency formed no part of the policy of his muiisters. They sought to govern by the fear, and not by the affection, of the nation. Tower Hill and Tyburn had already witnessed the closing scenes of many of the supporters of the former family, and yet the same disaffection to the existing Government remained, — still * James Shepperd, executed for high treason at Tyburn, the 17th March, 1718, at the age of eighteen. John Matthews, a printer, for printing and pubhshing a seditious Ubel, executed at the age of nineteen, at Tyburn, November 6, 1719. 34 TEMPLE BAR. more victims were to be offered up as peace-offerings; and it was only at length by the extinction of the House of Stuart, in the direct line, that the Crown was quietly to rest with the House of Hanover. Such poor supporters of a cause are the axe and the rope ! To a young and enthusiastic mind, an enterprise fraught with danger, difficult of accomplishment, and having a chivalrous issue, will always prove a powerful attraction, successfully to resist which will not only demand that the duty and obedience which every citizen owes to the laws "^f his country should be ever present in his mind, but that these obligations should be eriforced by the principles derived from religion and reason. Of such a character was the cause of the Pretender: an exile from his infancy from the kingdom over which his ancestors had ruled — dispossessed of that throne which, for nearly a hundred years,* they had occupied — for no fault committed by him, for no crime that could be alleged against him. * James the First of England, and the Sixth of Scotland, ascended the throne of England March 24, 1603. James the Second abdicated that same throne, by leaving the country, December 23, 1688. If, however, we include in our calculation the period of their occupation of the throne of Scotland, we should extend the sovereignty of the House of Stuart to upwards of three hundred years. TEMPLE BAE. 35 The nation, by the Act of Settlement, had visited the sins of the father upon the children. That they had a clear right to do so, will always be maintained by those who hold that the sentiments of the majority must in all cases be binding and conclusive on the rest of the community. To reason otherwise would, in this instance, be to revive the doctrine of the "right divine of Idngs to govern wrong," which has long since been consigned to that "Limbo" described by Milton, to serve as an amusement to " the eremites and friars, white, black, and grey," who, according to the same authority, are to be found there.* Strongly imbued with feelings of the enthusiastic character we have described, was Christopher Layer, who trusted alone to effect that change which, as we have seen, armies in the field had failed to accomplish. We shall proceed to give our readers some inform- ation relative to this individual, whose head frowned from the summit of the arch for a longer period than any other occupant. Christopher Layer was descended from an honourable family, and after having completed his education at the University of * " Eremites, and friars WMte, black', an4 grey, with all their trumpery. All these, upwhirl'd aloft. Fly o'er the backside of the world far off, Into a Limbo large and broad, since called The Paradise of Fools." — MdjIOn's Paradise Lost, book iii. 36 TEMPLE BAE. Cambridge, was admitted a student of the Inner Temple. Having kept the requisite number of terms, he was called to the Bar, and from the large practice he speedily obtained, and his high reputation and abilities, would have risen to fame and fortune, had not the political tendency of his principles, and his inter- course with females of disreputable character, entirely blasted these prospects, and consigned him shortly to ruin and a dis- honourable grave. In the early part of the year 1722, Francis Atterbury, the witty Bishop of Rochester, had been arrested on suspicion of treasonable practices and confined to the Tower, and upon his trial, shortly afterwards, before the House of Commons, on a Bill of Pams and Penalties, had been found guilty by a large majority, and banished the kingdom for life, and at the same time disabled from holding his preferments in the Church. The example given by this eminent divine was closely fol- lowed by Layer, who proceeded to Rome, then the residence of the Pretender, and had several conferences with him, in which he engaged, on his return to England, to effect a revolution in so secret a manner that no one in authority should be apprised of the scheme until its actual accomplishment. Full of these chimerical notions, he returned to England, and formed the dastardly plan of hiring an assassin to murder the TEMPLE BAB. 37 King as lie returned from Kensington. This being effected, the guards were to be seized, and, during the confusion that this event would naturally produce, the chief officers of state and the royal children were to be secured. It is difficult to conceive how any person of the penetration and abilities of Layer could, for one moment, believe in the prac- ticability of a scheme so wild and dangerous. He had, however, induced Lord Grey, an aged nobleman of the Roman Cathohc faith, to give his concurrence to it. Fortunately, the death of this nobleman in confinement, before the necessary legal proceed- ings could take place, obviated, in all probabihty, the sad spectacle of a public execution on Tower Hill. Layer now entered into a correspondence with several Roman Catholics, Non-jurors, and other persons disaffected to the Govern- ment ; and Ukewise engaged the assistance of a few disbanded soldiers, who were to be the chief instruments in carrying the plot into execution. These soldiers he met at a pubhc-house at Stratford, in Essex, when he finally gave them their instructions for seizing the King on his return from Kensington, and the day was even fixed for carrying their plan into execution. Secret as may have been the concoction of this scheme, it was not sufficiently so to ensure its accomphshment. The treason- able conversation had been overheard by some persons connected 38 TEMPLE BAE. with the house, who had spoken of it pubhcly in the neighbour- hood. Suspicion immediately fell upon Layer. His known pre- dilection to the cause of the Pretender, combined with other circumstances, induced the Secretary of State at once to issue a warrant, by virtue of which he was taken into custody. Mention has been made of his attachment to women : at the time of his apprehension he had two mistresses, to both of whom he had given intimation of the proposed scheme. On searching their apart- ments, many papers of a treasonable character were found. On this being communicated to the Counsellor, and also that the women were bound over to give evidence against him, he sent to the Secretary of State, expressing his readiness to disclose all the particulars of the conspiracy, if he were indulged with the requi- site materials for writing. No time was lost in complying with this requisition, and had he fulfilled the promise he had made, he would, in all proba- bility, have been admitted as evidence against his accomphces. At that moment, however, his mind was engaged on a very different project. The back -yard of the house in which he was confined commimicated with the yard of the adjoining public- house; and it occurred to the fertile brain of Mr. Layer, that if he could descend from his room into this yard, he should find it a very easy matter to escape through the tap-room. TEMPLE BAK. 39 where there was very little probability of his being recog- nised. This plan he determined to carry, if possible, into execution; he ciit, therefore, the blankets of his bed Into long pieces, and fastened them together, and in the dusk of the evening descended from his window ; unfortunately, however, he fell upon a bottle-rack in the yard, and upset it, and the noise occasioned by the breaking of the bottles was such that it alarmed the family. Layer, how- ever, amidst the confusion which ensued, effected his escape. An active search was instantly conunenced by the almost distracted ■ messenger, who, tracking him to the Horseferry at Westminster, where he had taken a boat, crossed the water after him, pursued him through St. George's Fields, and ultimately succeeded in recapturing him at Newington. Layer was now again lodged in the messenger's house, and securely guarded for the night. The next day he underwent an examination by the Secretary of State, and was committed to Newgate. The Government having decided that no delay should take place in bringing him to trial, a grand jury was at once empanneUed at Romford, in Essex, by a warrant from the Sheriff, who found a true bill against him for high treason ; which biU was made returnable into the Court of King's Bench. Wednesday, the 21st of November, was the day appointed 40 TEjVIPLE BAK. for the trial of Layer. The Lieutenant of the Tower brought him up to the bar of the Court, and upon a motion made by Mr. Hungerford (who, together with Mr. Ketilby, had been ap- pointed his counsel), the Lord Chief Justice, Sir John Pratt, or- dered his irons to be removed. Every point that could be urged in favour of the prisoner was, with much talent and pertinacity, pressed on the attention of the Court, and on the termination of a trial which lasted upwards of sixteen hours, the jury, after a short consultation, returned a verdict of guilty. In order that he might have time to arrange his own affairs, as also the affairs of his clients, his execution was postponed for ■ many months after his condemnation ; doubtless it was also expected that disclosures would be made by him relative to his accom- phces, and to this we may partly attribute the numerous reprieves -he received. At length, on the 17th of May, nearly seven months after his trial at Westminster, he was conducted from the Tower to Tyburn, seated in a sledge, habited in a full-dress suit, and a tie-wig. On taking leave of Colonel Williamson, the Deputy- governor of the Tower, he told him he intended to die like a man: to which the Colonel replied, "And, he hoped, like a Christian." At the place of execution he openly declared his adherence to King James (as he called the Pretender), and ad- vised the people to take up arms on his behalf; he professed TEMPLE BAD. 41 himself willing to die for the cause, and expressed his confidence that Providence would effectually support the right heir to the throne on some future occasion, though he had failed of being the happy instrument of placing him upon the throne. The streets were never more crowded than on this occasion, and many fatal accidents occurred from the breaking down of the stands erected to accommodate the spectators anxious to wit- ness the last moments of Counsellor Layer, as he was familiarly named. The day subsequent to his execution, his head was placed on Temple Bar J there it remained, blackened and weatherbeaten with the storms of many successive years, until, as we have re' marked, it became its oldest occupant. Infancy had advanced into matured manhood, and stiU that head repulsively looked down from the summit of the arch. It seemed part of the arch itself. It was not, however, alone during the latter part of its occu- pancy. Battles had again been fought for that cause for which Layer, on dying, had expressed so warm an attachment; defeats had again been sustained by its friends. Once more the axe and the rope, the fire and the fagot, had been busy, and two addi- tional heads had been borne from Kennington Common to the City Bar, there to convey, by their cold, apathetic gaze, to the 42 TEMPLE BAE. passers along that great thoroughfare, a? lesson more powerfully instructive on the vanity and hoUowness of all human expecta- tions, than could fall from the lips of the most eloquent preacher. We, however, must not anticipate the " Rising of '45," hut must proceed, in order not to interrupt hereafter the thread of this narrative, at once to give some further account of the head of the unfortunate Counsellor. For upwards of thirty years it had remained fixed on the summit of the arch: at the close of that period, the elements accompUshed what the improving taste of the public had in vain demanded. On one stormy night, a summary ejectment was served, and the head of Layer left its long resting-place, and descended from the arch into the Strand. We shall extract from Mr. Nicholl's "Literary Anecdotes of the Eighteenth Century," the sequel of this curious history. " When the head of Layer was blown from Temple Bar, it was picked up by a gentleman in the neigh- bourhood (Mr. John Pearce, an attorney), who showed it to some persons at a public-house, imder the floor of which, I have been assured, it was buried. Dr. Rawlinson, meanwhile, having made inquiries after the head, with a wish to purchase it, was imposed upon with another instead of Layer's, which he preserved as a XEMPLE BAH. 43 valuable relique, and directed it to be buried in his right hand."* We learn from another source that this request was compHed with. We shall have now to pass over several years, during which the supporters of the doctrine of indefeasible hereditary right made no open attempts to promote the cause of the exiled house; and it is to some extent gratifying to remark, that it was owing alone to the result of these misguided principles that, with the solitary exception in the reign of Charles the Second, we have any cri- minal associations with the Bar to which this history relates. Scotland had suffered deeply from the effects of the Rebellion of 1715, and from its disastrous issue it might have been presumed that any renewed attempt would have found no encouragement there. Pandora's box had been opened, and its contents poured over the length and breadth of that devoted country; fire and sword had wasted her hUls, and in many parts her valleys wanted * "On April 5, 1756, died Richard Rawlinson, LL.D. and F.E.S., and one of the first promoters of the Antiquarian Society. He was the third son of Sir Thomas Rawlinson, lord mayor of London, 1706. By his will he ordered his body to be buried in a vault in St. Giles's Churchyard, Oxford, and his heart in St. John's College, as a mark of his affection. " A few days subsequently died Mr. Benjamin Bourn, author of ' The Sure Guide to HeU ;' a young man of the most promising expectations." — Oenh Mag. vol. xxvi. 44 TEMPLE BAE. the labourer to cultivate them. Still hope remained, and this was shortly to reillumine the torch of civil war, to obliterate the recol- lections of past sufferings, and to lead on the devoted adherents of Charles Edward, from their victory at Carhsle to their defeat at Culloden. We must, however, be very brief in our relation of these events — "the Rising of '45," as it has been usually designated; we are chiefly interested in its results, and those results of a very restricted character. After the reduction of Carhsle, on November 15, 1745, Charles Edward, with his little army, advanced towards the south. Lancaster was taken, Preston surrendered, Manchester was occu- pied, Derby opened its gates to him ; and, previous to his eiFecting that retreat to the north which, for talent and abilities, will bear favourable comparison with any recorded in ancient or modem history, he had advanced within one hundred miles of the metro- polis. When the news of this success reached London, conster- nation was seen in every face. In hot haste the citizens left their homes, to form armed associations ; the Warder stood on the Tower wall with his match lighted, ready to give the appointed signal of the approach of the enemy ; a solemn fast was proclaimed, and, like Israel of old, the nation, in humiliation and sorrow, bowed down to Israel's God, The Battle of Culloden was fought. A great victory was TEMPLE BAS. 45 acliieved, the enemy was prostrate, the vanquished were suppliants for mercy. We shall presently see how a Christian nation, who, on every Sunday in their churches, had besought the God of mercy "to show pity on all prisoners and captives," applied this divine petition to those who, by the fortune of war, were now placed in their power. The plea of mercy — so far at least as to the sparing of their lives — should never have been urged with greater success than in the case before us.* Here were misguided men — rebels, if you please — whose crime (and a very grave one we will allow it to be) was their maintaining their fidelity intact to a line of kings to whom their ancestors had sworn fealty and obedience, but whom the nation, in its wisdom, had excluded from the suc- cession to the throne. May the tear of the Recording Angel obliterate many of the dark pages in the history of our country I Mention has been made of the Battle of CuUoden. This de- cisive engagement was fought on the 16th of April, 1746. The King's forces were commanded by William, duke of Cumberland, * " The benefit wMch. is hoped from terror, for the future, appertains not to the giving of a right to kill. For a more obstinate affection to one's own side, if the cause is not altogether dishonourable, deserves not punishment ; or if there is any punishment thereof, it ought not to amount to death, for an equal judge ■would not so determine." — Gkotius, Law of Peace and War, Part III. c. xlvii. 46 TEMPLE BAB. son of the reigning monarch. The carnage was terrific; no quarter was given, none expected.* In one decisive hoiir the young Chevalier beheld his hopes blasted, his family doomed to perpetual exile, and himself a fugitive and a wanderer.f The unhappy Earl of Kilmarnock and Lord Balmerino were among the prisoners whom this victory dehvered over to the Government, and were beheaded on Tower Hill, on the 18th day of August, 1746. The execution, however, of a few noblemen, the attainder of others and confiscation of their property, were alone considered inadequate to ensure the safety of the throne. The blood of a whole hecatomb of victims was requisite to cement a fabric wliich had been so rudely assailed. The King of Terrors, therefore, was to hold his high court of justice ; and before him were placed, in * It is stated that Ms royal highness, on viewing the field of battle on the following day, was heard to exclaim, " Lord, what am I that I am spared when so many men lie dead on the spot !" The severities practised after- wards acquired for him, in Scotland, the appellation of " BiUy the Butcher." + " The young Chevalier, after moving from place to place for nearly five months, at the commencement of September, 1746, escaped on board the Heureux privateer of St. Malo, with several of his adherents, and landed on the- 29th at Eoscart, near Morlaix, in Brittany, from whence he set out for the Court of France." — Sistori/ of the Rebellion, 1745. TEMPLE BAE. 47 grim array, the only acknowledged reformers of this period — the axe and the rope. Had any one suggested milder measures, if he escaped a prison for his presumption, he would have been consigned to a lunatic asylum for his folly. The nation, in acquiring greatness, had omitted the lesson of generosity. Special commissions for the trial of the unfortunate prisoners were shortly opened in various parts of the country ; and on the 23d of June, at a Sessions held for this purpose at St. Margaret's Hill, in the borough of Southwark, Francis Townley, colonel of the Manchester Regiment, and George Fletcher, holding a captain's commission in the same force, were, with several others, placed on their trials, and convicted of high treason. The awful sentence awarded by the law was passed upon them. Before we proceed to the last sad scene of their lives, we must give our readers some account of these brave and gallant men, who, as they had stood undaunted amidst the blaze of battle, blanched not at the fearful preparatives of death on the scaffold. Francis Townley was of an old and honourable family, who had long resided in Lancashire, and whose descent may be traced from the earhest periods of English history. His grandfather, an able cavalier, had fought and died for King Charles at the fatal battle of Marston Moor; his brother. 48 TEMPLE BAR. John Townley, Knight of St. Louis, was tutor to the son of James the Second, the Chevalier St. George, and was known as the translator of Hudihras into French.* His uncle, Mr. Townley, of Townley Hall, had been, to some extent, implicated in the former rebellion (1715); and although on his trial acquitted by a jury, was not thereby fuUy exculpated in the opinion of the public, f Francis Townley, the subject of the present notice, entered early in life into the service of France, and displayed, at the siege of PhiUipsburg, in 1734, whilst serving under the command of the Duke of Berwick,f a bravery and courage under the fire * We have taken the account of the family of Colonel Townley from a very meritorious work, recently published by Peter Burke, Esq., of the Inner Temple, called " The Romance of the Forum." From the near relationship subsisting between that gentleman and the talented editor of the " Peerage," Mr. Bernard Burke, there is no doubt of its strict accuracy. •j- " May 10, 1717. Townley of Townley paid them (the rebels in Newgate) a visit, with great pomp and splendour, after his discharge from the Mar- shalsea, but he could not well expect that all of them should have the hke good fortune for the like causes, because he knew they had not so much money. " May 23, 1717. Mr. Townley came again to visit in great pomp."— (Sfecrei History of the Rebels, p. 38. % The Duke of Berwick was the natural son of James the Second by Arabella Churchill. TEMPLE HAD. 49 of the enemy, and an acquaintance so extensive with mihtary tactics, as raised him at once in the esteem of all those with whom he was associated. It was at this siege, whilst visiting the trenches, that the Duke of Berwick, of whom mention has been made, one of the most experienced genex'als ui the French service, was killed by a cannon-ball. Townley was near him at the moment. For nearly sixteen years he remained abroad, serving with zeal and fidelity in the armies of France, and acquiring for hunself increasing honour and military reputation. Desirous, however, of once more visiting a country which, amidst all the changes of his life, was still first in his thoughts and aifections, he returned, about the year 1740, to England, and quietly resided with his . family in Lancashire. This tranquillity, however, was to be of short duration. The year '45 arrived ; the son of him whom he considered as his lawful sovereign had advanced to Lancaster, his banner waved over Preston. Townley was not one ever to permit the probability of personal danger to interfere with the discharge of what he considered a positive duty. He, therefore, immediately ofi"ered his services to the young ChevaUer, which offer was at once accepted, and a colonel's commission conferred upon him. He quickly placed himself at the head of 200 men, and entered Derby with the victorious army. On the retreat to- H 50 TEMPLE BAE. Scotland, he was invested with the important post of Governor of the town of CarKsle ; and upon that place capitulating to the Duke of Cumberland, on the 30th December, 1745, he, and about 114 other Enghshmen, were made prisoners of war, and confined in the various prisons of the country. We must now take some notice of his faithful companion in arms and misfortune, George Fletcher, who had been brought up at Salford, near Manchester, where his parents had resided, and were substantial people. His father had been for some time dead ; but his mother, whose business he managed, was still living. So enthusiastically was he attached to the cause of the Pretender, that all her entreaties were fruitlessly exerted to induce him not to join an enterprise, in her opinion, of so desperate a character : with the affection of a parent, she even offered him lOOOZ. to follow her advice. So far from doing this, he gave Mr. Murray, the Prince's Secretary, 50Z. for a Captain's commission. He might, with much truth, remark at a subsequent period, that to his own obstinacy he could alone attribute the misfortunes that had befallen him. At two o'clock in the afternoon of the 29th July, the fatal warrant was forwarded from the Secretary of State's office for the execution, on the following day, of these unfortunate men: it fomid them chained to the floor of their cells. The communi- TEMPLE BAB. 51 cation was received with cheerfulness and resignation. The only expression that escaped their hps was, "God's will be done!" That night they went to bed and slept soundly. The next morning, at ten o'clock, the sledges being in readi- ness, each drawn by three horses, the mournful procession was formed in the following order: first, a party of dragoons; next, a party of foot-guards; the three sledges then followed, in the first of which was placed Colonel Townley and two others. In the front seat sat the executioner, with a drawn scimitar; and in this manner they proceeded to Kennington Common. In the rear of the procession, in a street coach, followed one who mourned in earnest; that one was a woman. Her whole feelings were concentrated in the fate of a being, the occupant of one of those sledges, — young James Dawson. His life was hers : in agony she had watched his trial, had listened to his con- demnation, and in the dark frenzy of despair was now resolved to witness his death. Through the vast multitudes of human beings which the event had collected, the procession moved on to the Common — that coach followed:, it drew up near to the fatal spot — her head was extended from the window —she gazed as those who see not. The rude hand of the executioner tore from its bosom the heart which she fondly imagmed had beat only for her, and round which all her warm, womanly feelings were entwiiaed. 52 TEMPLE BAIt. A moment's consciousness returned : she beheld him throw that heart into the fire. One wild, hysteric shriek — one piercing, agonising cry — and her gentle spirit ascended with his to the Throne of Mercy. We trust we shall be excused for inserting this short but mournful episode. We must now proceed with our narrative. Townley was the first to suffer. The executioner performed his mournful ofiice, the knife was applied to the yet breathing body, the head was severed from it, and, with the warm blood still gushing from its unclosed veins, held up to the vulgar gaze of the popu- lace, and the God of Mercy was invoked to save King George! A murmur of approbation ran through that great assembly — a shout of exultation rose to the skies — the crowd was chanting its Te Deum for the victory of Culloden ! We must draw a veil over a scene so replete with painful associations, at which the heart sickens whilst the pen describes — a scene we should have considered suited only to afford grati- fication to the worshippers of Moloch, when ''ahenated Judah" passed her offspring through the fire to his grim altar, " Besmeared with blood Of human sacrifice ;" or to the Manicheans of Central America, in the hideous worship of their devil god. TEMPLE BAB. 53 It is scarcely requisite to add, that towards the other sufferers the same revolting ceremony was repeated. The heads of Townley and Fletcher were removed, as already stated, to Temple Bar, and there placed in the positions indicated in the print at the commencement of this chapter. For several weeks, curiosity induced numbers to gather about the arch, to gaze on those livid features which life and health had so recently animated ; glasses were let on hire, that the morbid feelings of the masses might be indulged by a closer examination. There were many whose very souls, brutalised by these revolting exhi- bitions, seemed to derive a savage pleasure from the contemplation. One elderly person expressed his loyalty and humour in the fol- lowing impromptu: — " Three heads here I spy, Wliich the glass did draw nigh, The better to have a good sight ; Triangle they are placed, Are bald and barefaced, — Not one of them e'er was upright." Of a character far more refined and intellectual is the fol- lowing anecdote, related by Dr. Johnson, in reference to this sub- ject, "I remember," said the great lexicographer, "being, on 54 TEMPLE BAE. one occasion, with Goldsmith in Westminster Abbey; while we surveyed the Poet's Corner, I said to him, from Ovid, — ' Forsitan et nostrum nomen miscebitur istis.' "When he got to Temple Bar, he stopped me, pointed to the heads upon it, and slily whispered me, — ' Forsitan et nostrum nomen miscebitur istis. " Johnson, we may remark, was strongly imbued with Jaco- bite prejudices. These were the last fractions of humanity that Temple Bar was destined to receive. Before other treasonable attempts had subjected their promoters to well-merited punishment, society had undergone a great change. The feelings of the nation had become more re- fined — the Government more enlightened — the idea had gradually acquired the force of conviction, that in order to elevate the moral condition of the people, it was not essential to commence by de- grading it ; and a belief existed, that exhibitions of the disgusting character we have described might tend to that effect.* The twiUght * In the "London Post" of August 29th, 1746, is the following horrible account : — " Last Saturday, a chairman who plies in Great Ormond Street, Queen's Square, having got from the fire made at the late execution on TEMPLE BAD, 55 of moral improvement had dawned on the world — the advent of a brighter day was to follow. We have not yet arrived at its meridian splendour. We have yet to wait, wait patiently, but not despair- ingly, until the world shall have realised the fulness of the idea ; it will then act with a faith that would remove moimtains. Little more remains to be told of the Bar and its ghastly occu- pants. We find, however, the following notice in the "Annual Register" for January 1766. " This morning (Jan. 20th), between two and three o'clock, a person was observed to watch his opportunity of discharging musket-balls, from a steel cross-bow, at the two remaining heads upon Temple Bar. On his examination he affected a disorder of his senses, and said his reason for his so douig was his strong attach- ment to the present Government, and that he thought it was not sufficient that a traitor should only suffer death, and that this pro- voked his indignation ; and that it had been his constant practice, for three nights past, to amuse himself in the same manner : but Kennington Common, the liver of one of the unhappy sufferers, broiled and eat it, whether out of derision, or to imitate a cannibal, is not known ; but the inhabitants are much displeased both at his banquet and taste." The unhappy sufferers referred to were Donald M'Donald, James Nicholson, and "Walter Ogilvie, who were executed on Kennington Common on the 17th of August, 1746, for rebellion, a fortnight subsequent to the execution of Townley and Fletcher. 56 TEMPLE BAK. it is much to be feared that he is a near relation to one of the unhappy sufferers." The account given in the " Gentleman's Maga- zine" further states, " Upon searching him, above fifty musket-balls were foraid wrapped in a paper, with this motto, Eripuit ille lAtamr No further efforts appear to have been made, either by the friends or enemies of the reigning family, either by the sane or the insane, to dislodge these grim tenants of the Bar ; there they remained until the 31st of March, 1772, when one of them fell down, and we believe, very shortly afterwards, during a high wind, the remaining head was swept from its lofty position, and Temple Bar remained untenanted. Here, in strictness, terminates our task. We have endea- voured — feebly, we are aware — to narrate, in their chronological order, those events of a criminal character with which Temple Bar has been, more or less, directly associated. In so doing, we have not been influenced by any morbid desire to re-open to public view scenes over which an impenetrable curtain should be drawn, if, from the contemplation of them no instruction could be derived — if, in short, no higher object could be attained than the mere grati- fication of curiosity. We, however, believe that, in tracing the errors as they are now allowed to be, connected with the former enactments of our TEMPLE BAH, 57 penal code, some thoughts may suggest themselves which, if acted upon, would tend still further to humanize our criminal proceedings, and thus, in better adapting them to the spirit of the times, render them far more conducive to the gi'eat end of all legislation, — the repression of crime, and the reformation of the criminal. The experience of many centuries had fully demonstrated to the world the complete fallacy of the idea, that any moral benefit could arise from the public exposiire of portions of the lifeless clay of those who had fallen under the vindictive justice of tiie law. One result, and one only, had been hitherto attained by these sanguinary exhibitions — moral degradation, not moral improve- ment. Still, however, an idea continued to prevail — and a very obsti- nate one it was — that, on the commission of any crime of more than ordinary magnitude, the rigour of the law being carried out on the spot on which such crime had been perpetrated, would prove a more powerfully impressive lesson to evil-doers than allowing the usual course of justice to take place. It did not occur to the minds of the public, that if any impression were produced, it would pro- bably be on the feelings of the unfortunate criminal, and not on his unreflecting associates in crime. As soon as the world closed to the one, the public-houses, or haunts of dissipation and vice, opened I 68 TEMPLE BAE. to the other. A life of crime must necessarily be one of excite- ment.* To carry out, therefore, this reformatory principle, the gibbet was erected in the streets, in the squares, and other public thoroughfares of the metropolis ; and had there been any soundness in the system, from the frequency of its application, rapine and violence would soon have become unknown : on the contrary, how- ever, they continued most fearfully to increase. * In the metropolis, at the present day, this excitement is chiefly sought after in those fruitful nurseries for vice and crime, the penny theatres, saloons, and concert-rooms. In the first, the most attractive pieces are those in which a blood-stained career of vice and infamy is most vividly portrayed. Conse- quently, such dramas as "Jack Sheppard," "Claude Duval," the ladies' high- wayman, " Sixteen-String Jack," and " Oliver Twist," invariably draw the largest houses. The Artful Dodger, in the last-named piece, always proves, in thea- trical phraseology, powerfully attractive. From the mischievous residts, how- ever, that have arisen from the representation of " Jack Sheppard," we may fairly claim for it the pre-eminence over all others of its class in its direct tendency to fascinate the young and inexperienced with a life of crime. Within the space of a few weeks, nearly sixty prisoners, committed to the House of Correction at Westminster, attributed their initiation into criminal courses to the habit of frequenting such places. From a great number of letters addressed by the prisoners to one of the excellent chaplains of that prison, we make the following extracts, corroborative of the correctness of our remarks: — "We got our minds tainted by the pieces we see performed at these low theatres. I have even known lads to swear, coming home after TEMPLE BAR. 59 So inflexible was the Government in carrying out this schema of reformation, that nothing was . ever permitted to interfere with its execution. Notwithstanding that death had entered the palace, and the inanimate form of majestj lay cold and extended on the royal couch, — " The shroud its robe of state ;" notwithstanding that the hand which signed the warrant was seeing such pieces as " Jack Sheppard," and " Oliver Twist," that they would not work any more, but be a thief, and lead a jolly life, like Jack Sheppard did, and hke the Artful Dodger in " Oliver Twist," as the pieces represented to us. I can say as to myself, that after witnessing such plays, I felt as if it would he aglory to bs a thief ; Inever went a-thieving till after." Another thus writes : — " I vised to go to the Saloon nearly every night in the week, where I saw the play of ' Jack Sheppard,' ' Dick Turpin,' ' Oliver Twist,' and such-like ; and when I and my mates came home of a night, we admired what a jolly life it must be to be a thief, and we agreed together to be a gang. I soon after left my work," &c. All further comment on our part would be superfluous. A system productive of the most pernicious consequences, and naturally becoming more and more gigantic, — but which our space will only permit us to mention, — is the establishment of " Betting Shops," daily taking place in every part of London. Should not the legislature speedily pass some measure to close these seductive temples of vice, the plundered shopkeepers will be called upon to contribute fresh rates for the enlargement of the metropolitan and county prisons. 60 TEMPLE BAK. motionless, and that the crown Lad descended to anotlier sovereign, still, on the very day of the death of George the Second, at the corner of Russell Street, Covent Garden, an unfortunate fellow- creature, convicted of murder, was compelled to utter his last sigh, and offer up his last prayer, to the throne of Him to whom even kings are subject* The number of murders, liowever, did not diminish. The riots of 1780 took place; and, chiefly owing to the imbe- cility of the chief magistrate of the City, attained to a most alai-ming height. On their ultimate suppression, the executioner and the gibbet again perambulated the streets ; ■ and more numerous were the moral examples supplied to the public on this occasion than on any previous one. Nevertheless, riotous conduct was far from being extinct. It would be useless to trace further these unsuccessful attempts to deter from the commission of crime by investing its punishment with more than ordinary severity. The last time, we beheve, the gibbet was seen away from its usual locality, was on the 12tli of March, 1817; and a most melancholy sight it was. In Skinner Street, in the City, a person, evidently insane, was, on that day, * Patrick M'Caity was executed at the corner of Russell Street, Covent Garden, on Saturday, October the 25th, 1760, for the murder of "William Talbot. George the Second had expired early in the morning of that day. TEMPLE BAE. 61 executed foi; riotous conduct. Those wlio were present and wit- nessed it are not likely to forget tlie horrors of that moment.* The period, however, had now arrived when the public mind had become impressed that another great error had been committed ; that no improvement in the moral condition of the people could be expected to arise by habituating them to the horrors of executions conducted in the manner we have described. This lesson, there- fore, which had erroneously been calculated ~ to produce such great moral results, was discontinued. The gibbets were removed from our commons ; the dry bones suspended from them consigned to what, years previously, should have been their destination — the grave ; and the nation advanced another step in the path of truth and social improvement.! We must advance also a few years, when another doubt arose, when another question agitated the public mind, a satisfactory reply to which was imperatively demanded. Were the conununity benefited by placing the same value on * " The executioner having quitted the platform, the unfortunate wretch addressed the crowd nearest him, and exclaimed, ' Now, you , give me three cheers when I trip.' And then, calling to the executioner, he cried out, ' Come Jack, you , let go the jib-boom.' He was cheering at the instant the fatal board fell." — Gent. Magazine, year 1817, p. 270. "f We, of course, imply that the practice was discontinued about this period. It was not until the 4th and 5th Will. IV. c. 26, [1834,] that the hanging of the bodies of criminals in chains was made illegal. 62 templt: bar. life and property? Whether, in short, it was an offence of equal enormity to pick a man's pocket, as to take his life ? The public, usually in advance of the Government, had long since solved this doubt, had returned a decided negative to the question. In many cases, the plundered refused to prosecute — juries to convict; and from the inequality of the punishment to the offence, too frequently a total impunity for crime followed its detection. At length, he whose untimely death is still felt as a great national loss, and whose judgment had long acquiesced in the decision given by tlie public, the late Sir Robert Peel,* in the year 1827, by a series of wise measures, placed our criminal code on a more rational footing, and in rendering it more in accordance with the unalterable principles of moral rule and justice, adapted it better to promote the true ends, as we have stated, of all legislation, — the repression of crime, and the reformation of the criminal. Once more, therefore, the nation acknowledged former errors ; and in abandoning them, a further step was gained towards the elevation of the moral character of the people. The year 1848 came, big with the fate of empires, agitated with those political convulsions which shook to their foundations many * 7th and 8th Goo. IV. c. 28. Bill brought iu by the late Sir Robert Peel, Fob. 23d, 1827. How would the late. Sir S. llomiUy have rejoiced to see that day ! TEMPLE BAR. 63 of the dynasties of Europe ; and, greatly to the credit of the Republic of France, with her prisons filled with political offenders, she at once passed a law erasing from her code the infliction of death for political offences. There was a moral dignity in this course which, amidst much that was reprehensible, reflected honour on the Provisional Government of that period. Could England, then, longer retain in her political code her coercive and sangui- nary enactments ? Was the blood of William Lord Russell longer to remain unavenged? And what retribution for the wrongs he had suffered, could, we ask, be more soothmg to his gentle spirit, than the removal from the statute-book of his country of those vindictive laws, by the strained interpretation of which he had been made to suffer an unmerited and painful death ? To Lord John Russell, his honoured descendant, was entrusted this retributive justice; and the national character received no slight addition to its moral gi-andeur, by the passing of that Act by which the punishment of death was interdicted for offences of a political character.* By this, and the previous measures of which mention has been * The nth and 12th Vic. c. 12. " An Act for the better security of the Crown and Government of the United Kingdom.'' Brought in by Sir George Grey, Secretary for the Home Department, and strongly supported in every stage by the Premier, Lord John Russell. 64 TEJirLE BAE. made, death, the greatest evil that man can mflict on his fellow- man, was reserved, with few exceptions, to guard that treasure which if once taken can never be restored — the treasure of life. But do we imagme, that with all these great and manifest improve- ments in our criminal jurisprudence, we have at • length arrived at the last act of this tragedy of errors? If so, we shall be much mistaken. We are still very distant from it. Let us take, however, encom-agement from the success of past efforts ; let us still proceed onwards in the path of improvement ; let us not grow weary in well doing. We live in days of mighty progress, and the muads of men were never better prepared than at present for the per- xeption of truth, and the consequent uprooting of long-cherished errors. It may not be in our power to accomplish, at once, all that is required, but much may immediately be done. And one sug- gestion which most powerfully arises from the perusal of the events recorded in this chapter, we would, in all humihty, but in all earnestness, proceed to press on the attention of our readers, — the baneful effects produced on the morals of the people by the public exhibition of the last moments of a criminal. Had the lesson intended to be conveyed been attended with liractical benefit, would it not, long since, have evinced itself in the lives of those who have been placed in positions most TEMPLE BAE. 65 to benefit by the example? On the contrary, we find several of these gloomy ministers of the law, who so frequently had per- formed the last sad office to others, themselves consigned, for crimes of no inconsiderable magnitude, to a like ignominious death. Let us be convinced of this truth, that no process in this world is more calculated to harden the heart and brutalize the feelings of the public than exhibitions of the character we have mentioned; whilst, in a country professing to regulate its actions by the prin- ciples derived from Christianity, the compelluig an unfortmiate being to offer up his last prayer to the Throne of Mercy amidst the jeers and scoffs of a degraded rabble, to usher a soul into eternity with blasphemies and obscenities sounding in his ears, appears to us so diametrically opposed to all moral consistency, that, were it not for the knowledge that the roots of error strike deep into the mind, it would be difficult to comprehend how, for one moment longer, it could be defended by any reflecting being. What, then, do we propose as an alteration of a system believed to be repug- nant alilce to moral and religious feeling? We would offer then, in all seriousness, for the consideration of the public, the propriety of substituting for the publicity and noise of the open street, the privacy and stillness of the prison court, or of some other suitable locality set apart for the purpose. We propose to invest the solemn scene with every safeguard calculated to insure tlie humane and K 66 TEMPLE BAH. proper discharge of the mournful duty. Let the Sheriffs^ men of honour aiid probity, be present; let the Reporters for the press, surpassed by none for ifitelligence and judicious discernment, be admitted also ; and we shall possess the strongest and most undeni- able asstifailbe, that every obligation that justice and humanity could impose will be observed.* Should any one be disposed to intimate that the infliction of death itself shotild be at once discontinued ; we reply. Not until a * It may be urged that the above suggestions are chiefly applicable to executions in the metropohs. We are, however, eonvincedj that little dif- ficulty would arise in maturing some plan, at once so comprehensive in its character as to apply to every part of the kingdom, and at the same time so certain in its operation as to leave the most sceptical without a rational doubt that the dread sentence of the law had been fully and impartially carried out. We would, with pleasure, refer our readers to two letters which appeared in the " Times," immediately after the execution of the Mannings, from the pen of the most graphic and philanthropic writer of the day, Mr. Charles Dickens ; the first bearing date the 15th of Nov. 1849, and the second, the 19th of the same month. From the latter we make the following extract, coinciding fuUy with the views therein expressed : — "From the moment of a murderer's being sentenced to death I would dismiss him to the dread obscurity which the wisest judge upon the bench consigned the murderer Eush. I would allow no curious visitors to hold any communication with him. I would place every obstacle in the way of his sayings and doings being served up in print on Sunday mornings for the perusal of families. His execution, within the walls of a prison, should be conducted with every terrible TEMPLE BAE. 67 secondary punlshnleht shall be introduced, adequate to meet the offences for which the capital punishment is at present awarded. Life and property must never again be considered of the same relative value. The law should distinctly mark the several grada- tions of crime, lest an inducement should be offered to the criminal to venture on the commission of offences of a deeper dye by a similarity of punishment awaiting the detection of those of lower turpitude. solemnity that careful consideration could devise. Mr. Calcraft the hangman — of whom I have some information in reference to the last occasion — should be restrained in his unseemly briskness, in his jokes, his oaths, and his brandy. To attend the execution I would summon a jury of twenty-four, to be called the witness jury, eight to be summoned on a low qualification, eight on a higher, and eight on a higher still ; so that it might fairly represent all classes of society. There should be present, hkewise, the governor of the gaol, the chaplain, the surgeon, and other officers, the sheriffs of the county or city, and two inspectors of prisons. All these should sign a grave and solemn form of certificate — the same in every case — that on such a day, at such an hour, in such a gaol, for such a crime, such a murderer was hanged in their sight. There should be another certificate from the officer of the prison, that the person hanged was that person and no other ; a third, that that person was buried. These should be posted on the prison gate for twenty- one days, printed in the ' Gazette,' and exhibited on other public places ; and during the hour of the body's hanging I would have the bells of all the churches in the town or city tolled, and all the shops shut up, that all might be reminded of what was being done.'' 68 TEMPLE BAE. The day, we trust, may not, however, be distant, when man, with safety to society, may relinquish his right over the life of his fellow-man. "When that shall arrive, another great step will be taken in social and moral improvement, until at length, in the ftJness of time, the sublime wish, expressed in the words of the Bard of Avon, may find its accomplishinent : — " I would we were all of one mind, and one mind good. — O there were desolation of gaolers and gallowses." THE END. LONDON : Prialed by 0. Dabclav, Castle St. Loioester Sj.