Burning of the hand
We've all
heard the phrase from modern court hearings, “Raise your right hand
and swear on the bible that you shall tell the truth, the whole truth
and nothing but the truth”. This act serves several purposes.
Firstly you are swearing an oath to tell the truth, secondly, and
probably less known, you are showing the court that you are making a
'fair mark'. In other words, you haven't been branded for previous
convictions.
“A
FAIR MARK, MY LORD”
Image courtesy of The Project Gutenberg eBook, Bygone Punishments, by William Andrews
“Those
found guilty of manslaughter instead of murder, were branded on the
thumb (with a "T" for theft, "F" for felon, or
"M" for murder). The branding took place in the courtroom
at the end of the sessions in front of spectators. It is alleged that
sometimes criminals convicted of petty theft, or who were able to
bribe the executioner, had the branding iron applied when it was
cold. For a short time, between 1699 and January 1707, convicted
thieves were branded on the cheek in order to increase the deterrent
effect of the punishment, but this rendered convicts unemployable and
in 1707 the practice reverted to branding on the thumb. It is
possible to search separately to find those sentenced to be branded
on the cheek. The last convict sentenced to branding at the Old
Bailey received the sentence in 1789”.
Taken from Punishments
at the Old Bailey.
Reading
through some of Somerset's Assize (more serious offenses) and Quarter
Sessions (lesser offenses), it seems it was acceptable 'to be burnt
on the hand' for murder but in the same court room to be executed for
what we might perceive as lesser offenses today, such as sheep
stealing or killing a mare. Judges were sometimes lenient with
pregnant women offering them 'respite' until their baby was born.
-------------------------------------------------
At the
Assizes at Bridgwater for this quarter (which ended on Friday last)
four persons were capitally convicted, viz, John
Ham, for willingly stabbing and killing a mare ; Edward Cooper
for stealing a watch ; James Urry, for stealing a sheep ; and
Freelove Tucker, for stealing 36s. Piece, one Guinea and one
half-Guinea. The Judge was pleased to reprieve the three later, but
Ham was ordered for execution.-
Richard Stevens, (late servant of Mr Guest, of this place) and Thomas
Dyer, for divers felonies, were ordered to be transported for seven
years. John England, (capitally convicted at the Assizes) to be
transported for 14 years. Abraham Snook, for killing one John
Church to be burnt on the hand. And Lettuce Richards for
suspicion of breaking open a Bureau at the Angel near the bridge, was
acquitted.
At
the Taunton Assizes, last week, five persons received Sentence of
Death, viz, Mary Norwood for poisoning Joseph Norwood, her
husband, both of Axbridge ; John Pavier, for stealing a Geld and a
black Mare, and a Bridle and Saddle ; John Manning, for
house-breaking ; William Bryant for a Robbery on Claverton-Down ; and
John Chard, the Elder, for stealing Yards of Dowlas, &co.- John
Lefter, for killing Stephen Kingston, of West Pennard, (as mentioned
in our last), was burnt in the Hand, and is to be imprisoned twelve
months. Thomas Light, condemned last Bridgwater Assizes, was ordered
to be transported for 14 years. And the following was ordered for
Transportation for Seven years, viz, Thomas True, William Everard,
William Huggins, Mary Reeves, John Milton, ??? Pearse, William
Thompson, John Sommers, Henry Player, and William Bartlett.- Mary
Norwood received sentence to be burnt on the hand this day last,
but the Judge was afterwards pleased to respite her 'till Wednesday
the 8th of May.
At
the adjournment of the quarter-sessions, held on Wednesday last, at
the Guild Hall, the following persons were tried, viz. Thomas
Nobley, for stealing a quantity of hempen rope, the property of John
Pill, to be publicly whip'd ;- William Ditchfield, for stealing 50lb.
wt. of iron, the property of Messrs. J. and T. Warren and Co. Branded
; Elizabeth Harris, for
stealing 7 yards of printed cotton, value 14s. the property of
Messrs. Evans and Green, to be transported for 7 years.
----------------------------------------------
Those above convicted
and branded would have been in big trouble if they went up against
the courts again. We might assume some of those executed or
transported for what we see as lesser crimes already were branded?
Burning on the hand
(branding) seems to mostly vanish as a punishment (or at least not
reported in newspaper articles) from about the mid 1780s. However,
imprisonment with hard labour and transportation seem to increase.
I
am not an expert of Criminal Law in England and this post is written
in good faith.
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