Medieval justice in 19th-century Preston

Preston woman charged with
petty treason for poisoning her father

Justice in England in the early 19th century was still shaped by laws enacted in medieval times, as is revealed by the trial in 1827 of a young Preston woman, Jane Scott, who poisoned her parents and was hanged at Lancaster Castle.

When she appeared at the summer assizes at Lancaster on 10 September, she faced a single charge of murdering her father. According to the report of the trial in The Times, she was โ€˜arraigned upon a bill found against her for petty treason, by administering arsenic to her master, John Scott, at Preston, on the 14th of Mayโ€™.

The telling words are โ€˜petty treasonโ€™ and โ€˜masterโ€™. They meant that Jane was tried for the murder of John Scott, not as her father, but as her employer.

This was made clear by Mr Brandt, appearing for the prosecution: โ€˜The crime with which the prisoner stood charged was petty treason, โ€“ the murder of a master by his servant. The prisoner was the daughter of the deceased, and, as it would appear, acted as his servantโ€™.

Petty treason was a common law offence committed when โ€˜a person killed or otherwise violated the authority of a social superiorโ€™. It was treated as more serious than ordinary murder because it threatened the social order of medieval society. The authority of masters and other superiors had to be protected at all cost.

The Treason Act of 1351 included the following under the head of petty treason: a wife killing her husband; a clergyman killing a senior cleric; or a servant killing their master or mistress, or the masterโ€™s wife.

Before then the crime also included the following: a wifeโ€™s attempted murder of her husband; forging a masterโ€™s seal by a servant; and a servant committing adultery with his masterโ€™s wife.

That act was abolished in 1828, when it was replaced by the Offences Against the Person Act. So, Jane was one of the last people in England tried for petty treason.

Found not guilty at first trial

At her trial, Jane denied poisoning her father and was found not guilty, the judge saying there were defects in the prosecution case. In March the following year, she faced a second trial at Lancaster, charged with poisoning her mother. Additional witnesses appeared and she was found guilty and sentenced to be hanged.

While awaiting execution she made a full confession to murdering her parents, and to the murder of two illegitimate offspring, one her own and the other her sisterโ€™s.

Some of the evidence at the trials is revealing about life in Preston at that time, when people would buy food from rat-infested premises. It was considered normal to make liberal use of arsenic in a food shop:

Mary Wood, Janeโ€™s sister from Liverpool, โ€˜My father kept a bakehouse and a jerry (chandlerโ€™s) shop, at Bridge-street, Preston. He sold bread and cheese.โ€™

Thomas Emmett: โ€˜I know that arsenic is very extensively used in Preston for the purpose of killing rats and bugs. Within the last year, I have sold as much as 28 pounds for that purpose.โ€™

Bainesโ€™ trade directory for Preston in 1825 has John Scott listed under โ€˜shopkeepers, flour and provision, etc dealersโ€™, trading at 20 Bridge Street. The family lived over the shop.

Bridge Street was the name given to Marsh Lane at that date, from Friargate to the canal. The street number suggests it would have been at the Friargate end of the street.

Note:ย Emily Jane Cowan, a PhD student at Liverpool University and Preston’sย Friends of Edith Rigbyย resident historian, is working in this area. She promises to share here anything she discovers.


Sources
The Times:
https://link.gale.com/apps/doc/CS50746666/TTDA…
https://link.gale.com/apps/doc/CS84956792/TTDA…
These two links, sadly, sit behind a pay wall. If you have subscription to one of the family history sites, you can access the full trial reports there.
https://en.wikipedia.org/wiki/Petty_treason


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