1620: Thomas Dempster condemned

On this date in 1620, Thomas Dempster was condemned by a Scottish assize to execution for counterfeiting. No documentation specifying the execution date appears to be available but such sentences were commonly implemented almost immediately — either directly from the courtroom or within a couple of days.

The Dempster family of Muresk were baronial landowners who owed both privilege and surname to the hereditary rank of dempster. This curious office of “dooms-man” connects etymologically with judging (“deem”), the successor to a Gaelic position called the judex that once projected royal authority into the courtroom.

Over the centuries-long term, this pre-Norman holdover was on a downward trend towards obsolence; the dempster transitioned to being the pronouncer of the court’s sentences and “ultimately became the common hangman.”* (Source)

Nevertheless, in our man’s time the Muresk Dempsters had estate enough to squander, and the quarrelsome Thomas did yeoman work in that respect, blowing the family fortune on clan feuding that extended even to a violent rivalry with his own son, James.** The assize record would note him “altogidder sensles of that his miserable cairage, nawayis being movet thairwith, bot rather resolveing to rwn heidlongis in all godles and cruiket courses.”

Having been found in this degraded state guilty of forgery, he was condemned by the court “to be tane to the Castell-hill of Edinburgh, and thair his heid to be strukin frome his body; and all his moveable guidis and geir pertening to him to be escheit to his Maiesteis use, &c.”

* The office of the dempster was abolished in 1773.

** James and his team ambushed and injured the father in a rivalry over a woman, driving James to a life of banditry. Another son — James’s younger brother, confusingly also named Thomas Dempster — was snatched away from this noxious family atmosphere by a kindly uncle who gave him a continental education; this other better-favored Thomas Dempster grew up to become a noted ecclesiastical historian.

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1723: Margaret Fleck, with a fresh dempster

On this date in 1723, Margaret Fleck was hanged in Glasgow for murdering her infant child.

According to “The Last Speech and Confession of Margaret fleck who was Executed at the Howgate-Head of Glasgow on the 5th of June for the Murdering of her Own Child”* (it does what it says on the tin):

I am brought this day, and that justly, to suffer for the murder of my own child, and I doubt not but that it will be expected, and I think it most proper and my indispensable duty, that as I have sinned so heinously against God, so I should glorify him by repenting my unnatural, atrocious and bloody fact — the murder of mine own child … For which crime, and all my other sins I desire heartily to mourn, and to fly to the fountain that is opened to the House of David and the Inhabitants of Jerusalem for sin and uncleanness; and I desire to take shame and confusion of face to my self for my sins and iniquities, especially for the bad entertainment I gave to the gospel of Christ.

At the time, death sentences in Scotland had to be pronounced not only by the judges but by the dempster, a juridical office responsible for the actual execution.

Major League Baseball pitcher Ryan Dempster: would he hang Margaret Fleck?

In this case, dempster Thomas Cochran refused to join the sentence, evidently partaking in a popular discomfort with Fleck’s hanging. Nothing daunted,

their Lordships having desired the Sheriff Depute to provide another Dempster instantly, or else to do it himself, he craved their lordships might delay the same till the next day, against which time he should have one provided. Which being condescended to by their Lordships, they continued pronouncing of sentence against the said Margaret Fleck till to-morrow at nyne o’clock; with certification that if the Sheriff Depute did not provide a Dempster against that time, they would oblige him to do it himself …

The Sheriff Depute wriggled off the hook when a guy named Robert Yeats stepped up and did the Dempstering.

* As cited by Anne-Marie Kilday in “‘Monsters of the Vilest Kind’: Infanticidal Women and Attitudes to their Criminality in Eighteenth-Century Scotland,” Family & Community History, Nov. 2008.

Kilday observes that “pamphlet material relating to deviant behaviour … became popular sooner [in Scotland than in England], with publications beginning in earnest in and around 1702, nearly three quarters of a century ahead of publishers south of the Tweed. In addition, it was unquestionably infanticide (and latterly child killing in general), more than any other crime, which became the focus for the pamphlet literature produced.”

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