Halifax Gibbet

By 1650, public opinion considered beheading to be an excessively severe punishment for petty theft; use of the gibbet was forbidden by Oliver Cromwell, Lord Protector of the Commonwealth of England, and the structure was dismantled.

[4] Samuel Midgley in his Halifax and its Gibbet-Law Placed in a True Light,[c] published in 1761, states that the law dates from a time "not in the memory of man to the contrary".

[7] Such baronial jurisdiction was by no means unusual in medieval England and was described in the 11th-century legal text entitled De Baronibus, qui suas habent curias et consuetudines (Concerning the barons who have their courts of law and customs).

[8] Neither was the decapitation of convicted felons unique to Halifax; the earls of Chester amongst others also exercised the right to "behead any malefactor or thief, who was apprehended in the action, or against whom it was made apparent by sufficient witness, or confession, before four inhabitants of the place", recorded as the Custom of Cheshire.

[16] After the sentence had been carried out a county coroner would visit Halifax and convene a jury of 12 men, sometimes the same individuals who had found the felon guilty, and ask them to give an account under oath of the circumstances of the conviction and execution, for the official records.

[19] Local weavers specialised in the production of kersey, a hardwearing and inexpensive woollen fabric that was often used for military uniforms; by the 16th century Halifax and the surrounding Calder Valley was the largest producer of the material in England.

[20] Daniel Defoe wrote a detailed account of what he had been told of the gibbet's history during his visit to Halifax in Volume 3 of his A tour thro' the whole island of Great Britain, published in 1727.

[14] He reports that "Modern accounts pretend to say, it [the gibbet] was for all sorts of felons; but I am well assured, it was first erected purely, or at least principally, for such thieves as were apprehended stealing cloth from the tenters; and it seems very reasonable to think it was so".

[21] Eighteenth-century historians argued that the area's prosperity attracted the "wicked and ungovernable"; the cloth, left outside and unattended, presented easy pickings, and hence justified severe punishment to protect the local economy.

Royal assizes were held only twice a year in the area; to bring a prosecution was "vastly expensive", and the stolen goods were forfeited to the Crown, as they were considered to be the property of the accused.

[29] Writing in 1834 John William Parker, publisher of The Saturday Magazine, suggested that the gibbet might have remained in use for longer in Halifax had the bailiff not been warned that if he used it again he would be "called to public account for it".

[11] Midgley comments that the final executions "were by some persons in that age, judged to be too severe; thence came it to pass, that the gibbet, and the customary law, for the forest of Hardwick, got its suspension".

Running in grooves within the beams was a square wooden block 4 feet 6 inches (1.37 m) in length, into the bottom of which was fitted an axe head weighing 7 pounds 12 ounces (3.5 kg).

[31]An article in the September 1832 edition of The Imperial Magazine describes the victim's final moments: The persons who had found the verdict, and the attending clergymen, placed themselves on the scaffold with the prisoner.

photograph
A replica of the Halifax Gibbet on its original site, 2008, with St Mary's Catholic church, Gibbet Street, in the background
Schematic of the gibbet's main parts
17th-century engraving
Horse being led away to release the axe
Print of the Halifax Gibbet in use, from Thomas Allen 's
A New and Complete History of the County of York (1829)