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Lynch Law

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

The action of private individuals, organized bodies of men, or disorderly mobs, who, without legal authority, punish by hanging, or otherwise, real or suspected criminals, without trial according to the forms of law. American lexicographers refer the origin of the term to the practice, in the seventeenth century, of a Virginia farmer named Lynch. Others trace it to the act of one Lynch, mayor and warden of Gal way, Ireland, in 1493, who " hanged his own son out of the window for defrauding and killing strangers, without martial or common law." Others, again, trace it to the Anglo-Saxon, liiich, to beat with a club, to chastise.* During the war of Independence, one Lynch was president judge of the county court of Pittsylvania, Virginia, The court in that State for the trial of felonies sat at Williamsburg, two hundred miles distant. Horse thieves, who had established posts from far north, through Virginia, into North Carolina, were frequently arrested and remanded to Williamsburg for trial. Not only was the attendance of witnesses, at that distance, rendered uncertain, but when they did appear they were sure to be confronted by false witnesses for the outlaws. Moreover, the difficulty of conveying the accused to Williamsburg was increased, and the sitting of the court made uncertain, by the presence of the British under Cornwallis. Accordingly, the justices of the county court of Pittsylvania assembled, and Judge Lynch proposed that, since for Pittsylvania the court at Williamsburg had practically ceased to exist, and, in consequence,' heinous crimes went unpunished, the court over which he presided should try all felonies committed in the county: that is to say, the place of trial was to be changed by mere resolution. The plan was adopted, with good results: the thieves were disbanded, many being hanged, which was the lawful penalty. This change of forum was against the words of the law, but justified. Lynch and others held, by the circumstances.^ Whatever excuse may exist for the execution of lynch law in savage or sparsely settled districts, in order to oppose the ruffian elements whicli the ordi- ' Dewees v. Adger, 2 Mc Cord, 105 (1822), ^See Riley v. State, 9 Humph, 651 (1849); State v. Abbott, 8 W, Va, 769 (1875); 8 Va, 488; 1 Leigh, 598, s People V. Miles. 55 Cal. 207 (1880), nary administration of law is powerless to control, it certainly has no excuse in a community where the laws are duly and regularly administered,' M. M, 1. A person convicted of manslaughter, in England, was, in former times, branded with an " M " on the left thumb.

2.

Treasury notes issued under the act of Congress of October 12, 1838, had an M printed on the face to signify that they bore interest at the rate of one mill per centum.^ 3. The initial letter of other words often abbreviated: as, Maiy (queen), master, maxims, mileage, mortgage. M. D. Middle district.

See D, 2.

M. L. Mechanic's lien. See Lien. M. R. Master of rolls.

See Roll, 2 (2).

M. T. Michaelmas term.

See Teem, 4.