It is agreed by authorities that the first time the Maiden was used was at the execution of the inferior agents in the assassination of Rizzio, which occurred at Holyrood Palace, on the 9th of March, 1566.
The list of those who have suffered death at the Maiden extends to at least one hundred and twenty names, not a few of whom Scotland delights to honour, including Sir John Gordon, of Haddo; President Spottiswood, the Marquis and the Earl of Argyle.
[Illustration: EXECUTION OF THE EARL OF ARGYLE.]
The unfortunate Earl of Argyle met his doom with firmness; when laying his head on the grim instrument of death, he said it was "a sweet Maiden, whose embrace would waft his soul into heaven." The tragic story of the Earl of Argyle has been ably told by Mr. David Maxwell, C.E., and his iniquitous death is one of many dark passages in the life of James II.[28]
In 1710, the use of the Maiden was discontinued. It now finds a place and attracts much attention in the Museum of the Society of Antiquaries of Scotland, at Edinburgh.
[26] Rogers's "Social Life in Scotland," 1884.
[27] Chambers's "Book of Days," Vol. I., page 728.
[28] David Maxwell's "Bygone Scotland," 1894.
In the earlier laws of England, mutilation or dismembering was by no means an uncommon punishment, more especially amongst the poor. Men, says Pike, branded on the forehead, without hands, without feet, without tongues, lived as an example of the danger which attended the commission of petty crimes, and as a warning to all men who had the misfortune of holding no higher position than that of a churl.[29] Wealthy people might do wrong with impunity. It has been clearly shown that there was one law for the rich, and another for the poor, in England during the four centuries which preceded the Norman Conquest.
According to Pike, under the Danes, mutilation was practised with perhaps greater severity than under the rule of the Saxons. Amongst the horrors of the Danish conquest were eyes plucked out; the nose, ears, and the upper lip were cut off; the scalp was torn away, and sometimes even, there is reason to believe, the whole body was flayed alive.
Under the first two Norman kings mutilation of offenders was largely employed to preserve game in their forests. They, however, only appear to have enforced earlier laws. The earliest forest laws of which we have any knowledge are those which were promulgated about 1016 by Canute, the Dane, and probably much the same as had existed for a long period previously. The principal points of their tyrannical laws were, that if a freedman offered violence to a keeper of the King's deer, he was liable to lose his freedom and property; if a serf did the same, he lost his right hand; if the offence was repeated, he paid the penalty with his life. For killing a deer, either the eyes of the offender were put out, or he was killed; if anyone ran down a deer so that it panted, he was to pay at least ten shillings in the money of the day. Such was the law under the Saxon and the Danish Kings. The laws protected the private estate owner, and it was not until the Conqueror came that all the forest land was considered the property of the King.