England in the Days of Old

Detaining the Dead for Debt

On the Continent, in Prussia for example, it was formerly the practice to detain the dead for debt. A belief long prevailed that such proceedings were legal in England, and in not a few cases, acting upon this supposition, corpses have been arrested, and in more instances precautions have been taken to avoid such painful events.

The earliest record we have found on this theme occurs in the parish register of Sparsholt, Berkshire. “The corpse of John Matthews, of Fawler,” it is stated, “was stopt on the churchway for debt, August 27, 1689. And having laine there fower days, was, by Justices’ warrant, buryied in the place to prevent annoyances – but about sixe weeks after, by an Order of Sessions, taken up and buried in the churchyard by the wife of the deceased.”

In the churchyard of North Wingfield, Derbyshire, a gravestone bears the following inscription: —

The circumstances which led to the foregoing epitaph are thus narrated. Thomas Clay was a man of intemperate habits, and at the time of his death was indebted to Adlington, the village inn-keeper, to the amount of twenty pounds. The publican resolved to seize the body; but the parents of the deceased carefully kept the door locked until the day appointed for the funeral. As soon as the door was opened, Adlington rushed into the house and seized the corpse, and placed it on a form in the open street. Clay’s friends refused to pay the publican’s account, and after the body had been exposed for several days, the inn-keeper buried it in a bacon chest.

This subject has received attention in the pages of Notes and Queries, and in the issue of May 2nd, 1896, the following appeared: – “At Brandeston, Suffolk,” said a contributor, “there is a well-authenticated story of the body of the ‘old squire,’ Mr. John Revett or Rivett, who died in 1809, being removed secretly at night, by some of the servants and tenantry, from the library at Brandeston Hall, where it lay, to the church of Brandeston, which is in the park close by the Hall. Mr. Revett, like many of the family, had been very extravagant, keeping his own pack of hounds, etc.; and what with elections and unlimited hospitality, had got heavily into debt, and had involved the old family estate so, that Brandeston and Cretingham, which had been in the Revett family from 1480, got into Chancery after his death, and passed out of the family in 1830, or thereabouts. The belief of the people, with whom the old squire was very popular, was that if the body was not removed to the sanctuary it would be seized for debt; hence their action.” A son of one of the old servants, whose father assisted in carrying the body to the church, related the story in 1895 to the correspondent of Notes and Queries. It is well known in the village.

The most painful case of arresting a dead body which has come under our notice, is that of John Elliott, in 1811. The particulars are given in the “Annual Register,” and also in the Gentleman’s Magazine for that year, but not so fully nor correctly as in a newspaper report of that period, which is reproduced in the pages of Notes and Queries for March 28th, 1896. The facts of the case are as follow: – John Elliott, at the time of his death, on October 3rd, 1811, was indebted to Baker, a bricklayer, and Heasman, a carpenter, a small sum for work done. These two men, with two sheriffs’ officers, on Monday, October 7th, proceeded to the house where Elliott lay dead, and were there met by the son of the deceased. He stated that his father was dead. The officers informed him that they had a warrant to arrest the deceased, and asked where the body lay. The son pointed out the room, saying the door was locked, and his mother had gone out and taken the key, but was expected every minute. After waiting a few minutes, one of the men violently kicked the door, broke it open, and entered the room where the body lay in a coffin. The body was identified, and possession taken of it. The interment was fixed by the family for the following Wednesday, and at four o’clock on that day, the undertaker and his man arrived for the purpose of removing the body to Shoreditch Church for burial, but Baker and Heasman and the sheriffs’ men entered the house with a shell, and took it into the room where the corpse lay. After asking the son to pay the debt and prevent his father’s body being taken away, and he replying that he was unable to discharge it, Baker and Heasman literally crammed the naked body into the shell, and put it into a cart before the house, where it remained over half-an-hour, attracting to the place a large number of people who behaved in a riotous manner. The body was then removed to Heasman’s house, and placed in a cellar until October 11th, when it was conveyed by him and others to Bethnal Green, and left in a burial vault.

Such are the details briefly stated that were given to the judge who tried the men who committed this outrageous public indecency. The jury, after retiring for a few minutes, returned, and awarded damages £200.

We have given at some length the foregoing case, to illustrate the lawless condition of the country at the commencement of this century. We may congratulate ourselves on living in happier times.

It was currently reported at the death of Sheridan, in 1816, that an attempt would be made to detain his body for debt, but at his funeral no such action occurred.

Mr. John Cameron, in his work issued in 1892, under the title of “The Parish of Campsie,” states that in 1824 died the Rev. James Lapslie, vicar of the parish, who was, at the time of his death, in debt, and the proceedings of a creditor are thus related: – “On the day of the funeral,” says Mr. Cameron, “the body was arrested at the mouth of the open grave, and further procedure barred by some legal process, until the arresting creditor had satisfaction given him for the payment of the debt owing by the deceased. Sir Samuel Stirling, sixth baronet, became security to the arresting creditor, and the body was then consigned to the grave.”

Much reliable information on old-time subjects has been carefully chronicled by Mr. I. W. Dickinson, B.A., the author of “Yorkshire Life and Character.” He tells us that in the earlier years of the present century it was generally believed that a corpse could be detained for debt, and it was, in several instances in the West Riding, successfully carried out, the friends subscribing on the spot in order to be enabled to pay their last respects to the dead. Mr. Dickinson also tells me of another West Riding belief, that a doctor, summoned to a sick bed, could legally take the nearest way, even through corn fields and private grounds, or whatever else intervened, without rendering himself liable for damages.

We gather from Notes and Queries of March 28th, 1896, that the fact was established in 1841, that the body of a debtor, dying in custody, cannot be detained in prison after death. It appears that Scott, gaoler of Halifax, acting for Mr. Lane Fox, the Lord of the Manor, detained the body of one of the debtors who died in prison. It was subsequently buried in the gaol in unconsecrated ground, on the refusal of the debtor’s executors to pay the claims that were demanded of them. Action was taken against the gaoler, and at a trial at York Assizes he was convicted of breaking the laws of his country.

A Nobleman’s Household in Tudor Times

The Earls of Northumberland, members of the Percy family, for a long period were a power in the north of England. Their pedigree has been traced back to Mainfred, a Danish chieftain who rendered great service to Rollo in the Conquest of Normandy. William de Perci, of Perci, near Villedieu, landed on the English shore with Duke William, and for valour at the battle of Hastings he was rewarded with extensive grants of land in Yorkshire.

In their northern strongholds this noble family lived in stately style, and frequently figured on the battle-field, and took their share in events which make up the history of the country. The story of their lives, with its lights and shades, reads like a romance; but it is outside the purpose of our paper to linger over its romantic episodes. It may be stated that the fourth Earl was Lord Lieutenant of Yorkshire, and by direction of King Henry VII., he had to make known to the inhabitants of his county the reasons for a most objectionable tax for the purpose of engaging in a war with Bretagne. This gave rise to a bitter feeling against him, the people erroneously believing that the tax was levied at his instigation. In 1489, a mob broke into his house at Cockledge, near Thirsk, murdering him and several of his servants. The Earl had been a generous man, and was much beloved, and his untimely death was deeply deplored. He was buried in Beverley Minster, and 14,000 people attended his funeral, which was conducted in a magnificent manner, at a cost of £1,037 6s. 8d., equalling some £10,000 in our current coin. Skelton, the poet laureate, in an elegy, lamented his “dolourous death.” The lines commence: —

His son, the fifth Earl, who was born at Leconfield Castle in the year 1457, was a man of æsthetic tastes, and a patron of learning. He is described as being “vain and excessively fond of pomp and display.” When the Princess Margaret journeyed to Scotland to marry the King, the Earl escorted her through Yorkshire. According to an old account, he was “well horst, upon a fayre courser, with a cloth to the ground of cramsyn velvett, all borded of orfavery, his armes very riche in many places uppon his saddle and harnys, and his sterrops gilt. With him was many noble Knights, all arrayed in his sayd Livery of Velvett with some goldsmith’s work, great chaynes, and war wel mounted; a Herault, bearing his cotte and other gentylmen in such wayes array’d of his said Livery, sum in Velvett, others in Damask, Chamlett, etc., well mounted to the number of 300 Horsys.” The Princess made her public entry into Edinburgh riding on a pillion behind the King.

The Earl had three castles, and lived at them alternately, and, as he had only sufficient furniture for one, it was removed from one house to the other when he changed residences. Seventeen carts and one waggon were employed to convey it.

This Percy’s taste for poetry prompted him to have painted on the walls and ceilings of his castles moral lessons in verse. The following may be quoted as a specimen: —

We have another proof of his love of poetry preserved in the British Museum, in the form of a beautiful manuscript engrossed on vellum, richly emblazoned, and superbly illuminated. It includes specimens of the best poetry then produced, and a metrical account of the Percy family, by one of the Earl’s chaplains, named Peares. This interesting work was prepared under his directions.

In the year 1512, he commenced the compilation of what we now call the “Northumberland Household Book,” and it contains regulations and other details respecting his castles at Wressel and Leckonfield. From this curious work we obtain an interesting picture of the home life of a nobleman in Tudor times. We find that the Earl lived in state and splendour little inferior to that of the King. The household was conducted on the same plan as that of the reigning monarch, and the warrants were made out in the same form and style. “As the King had his Privy Council and great council of Parliament to assist him in enacting statutes and regulations for the public weal,” says a writer who has made a study of this subject, “so the Earl of Northumberland had his council, composed of his principal officers, by whose advice and assistance he established this code of economic laws; as the King had his lords and grooms of the bed-chamber, who waited in their respective turns, so the Earl of Northumberland was attended by the constables and bailiffs of his several castles, who entered into waiting in regular succession.” We further find that all the leading officers of his household were men of gentle birth, and consisted of “controller, clerk of the kitchen, chamberlain, treasurer, secretary, clerk of the signet, survisor, heralds, ushers, almoner, a schoolmaster for teaching grammar, minstrels, eleven priests, presided over by a doctor of divinity or dean of the chapel, and a band of choristers, composed of eleven singing men and six singing boys.” The head officials sat at a table called the Knight’s Board. Every day were expected to sit down to dinner 166 officers and domestic servants and fifty-seven visitors. The amount annually spent in house-keeping was £1,118 17s. 8d., representing in our money about £10,000.

The number of daily meals was four, and consisted of breakfast taken at seven, dinner at ten, supper at four o’clock, and livery served in the bedroom between eight and nine, before retiring to rest. The lord sat at the head of the table in state. The oaken table, long and clumsy, stood in the great hall, and the guests were ranged according to their station on long, hard, and comfortless benches. The massive family silver salt cellar was placed in the middle of the table, and persons of rank sat above it, and those of an inferior position below it. There was a great display of pewter dishes and wooden cups, and plenty of food and liquor was on the table. But elegance did not prevail: forks had not been introduced, and fingers were used to convey food to the mouth.

The allowances at the meals were most liberal. One perceives there was much wine and beer consumed in those days. Take, for example, that at breakfast. On flesh days it included “for my lord and lady a loaf of bread on trenchers, two manchets (loaves of fine meal), a quart of wine, half a chine of mutton, or a chine of beef boiled.” The fare of the two elder children, “my Lord Percy, and Mr. Thomas Percy,” consisted of “half a loaf of household bread, a manchet, one pottle of beer (two quarts!), a chicken, or else three mutton bones boiled.” It will be noticed that wine was not served to the two young noblemen. The fare of the two little children is thus described: “Breakfasts for the nurcery, for my lady Margaret and Mr. Yngram Percy, a manchet, one quart of beer, three mutton bones boiled.” My ladies’ gentlewomen were served with “a pottle of beer, three mutton bones boiled, or else a piece of beef boiled.” The breakfast on fish days was as follows: – “For my lord and my lady, a loaf of bread on trenchers, two manchets, a quart of beer, a quart of wine, two pieces of salt-fish, six baked herrings, or a dish of sprats; for the two elder sons, half a loaf of household bread, a manchet, a pottle of beer, a dish of butter, a piece of salt-fish, a dish of sprats, or three white (fresh) herrings; for the two children in the nursery, a manchet, a quart of beer, a dish of butter, a piece of salt-fish, a dish of sprats, or three white herrings; and for my lady’s gentlewomen, a loaf of bread, a pottle of beer, a piece of salt-fish, or three white herrings.” It will be observed that the family dined two to a plate or mess, this being the usual practice in the Middle Ages. The other meals were quite, if not more substantial than that of breakfast. The liveries, as we have previously stated, were consumed in the bed-chamber just before retiring to rest, and the Earl and Countess had placed on their table, “two manchets, a loaf of household bread, a gallon of beer, and a quart of wine.” The wine was warmed and mixed with spices. After reading the preceding bills of fare, we are not surprised to learn that at this period the English people were regarded as the greatest eaters in Europe.

In the “Northumberland Household Book” is a long and interesting list of articles and their prices, which were expected to last a year. It will not be without interest to reproduce a few of the more important items, as follow: – Wheat 236½ quarters at 6s. 8d. The market price today is very different. Malt, as might be expected from the quantity of beer brewed, is a rather large total, being 249 quarters, I bushel, and the price 4s. per quarter; hops, 656 lbs., at 13s. 4d. per 120 lbs.; fat oxen, 109, at 13s. 4d. each; lean oxen, 24, at 8s. each; to be fed in his lordship’s pastures; sheep, 787, fat and lean, at 1s. 8d. each, one with another; porks (pigs), 25, at 2s. each; calves, 28, at 1s. 8d. each; lambs, 60, of which 10, at 1s. each, to serve from Christmas to Shrovetide, and 50, at 10d. each, to serve from Easter to Midsummer. The list of fish is large, and includes 160 stock-fish at 2½d. each for the Lent season; salt-fish, 1,122, at 4d. each; white herrings, 9 barrels, at 10s. the barrel; red herrings, 10 cades (each cade containing 500), at 6s. 8d. the cade; sprats, 5 cades (each cade containing 1,000), at 2s. the cade; salt salmon, 200, at 6d. each; salt sturgeon, 3 firkins, at 10s. each firkin; salt eels, 5 cags, at 4s. each. Thirty-six gallons of oil, at 11½d. per gallon, were provided for frying the fish. Salt is entered twice – bay salt, 10 quarters, at 4s. the quarter; and white salt, 6½ quarters, at 4s. the quarter; vinegar, 40 gallons, at 4d. the gallon. The quantity of mustard, ready-made, is large, being 180 gallons, at 2¼d. per gallon. In old Christmas carols there are frequent allusions to mustard. During the Commonwealth, it was threatened to stop Christmastide festivals by Act of Parliament, and this caused the tallow-chandlers to loudly complain, for they could not sell their mustard on account of the diminished consumption of brawn. In the familiar old carol, sung annually at Queen’s College, Oxford, is a line: —