Dule Tree
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Dule or Dool trees in Britain were used as Gallows for public hangings.[1] They were also used as 'Gibbets' for the display of the corpse for a considerable period of time after such hangings. These 'Trees of Lamentation or Grief' were usually growing in prominent positions or at busy thoroughfares, particularly at crossroads so that justice could be seen to have been done and as a salutary warning to others.
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[edit] Origins of the name
In Scots, Dule or Duill, also dole, dowle; dwle, dul, dull, duyl, duile, doile, doill, dewle, deull, and duel. In Middle English, dule, duyl, dulle, deul, dewle and variants of doole, dole, and dool. All these words mean sorrow, grief, or mental distress.
[edit] History
The 'furca and fossa', or the 'pit and gallows', refers to the 'high justice' including the capital penalty. The furca was a device for hanging slaves in ancient Rome and refers to the gallows for hanging men; the fossa was a ditch filled with water for the drowning of women. With the introduction to Scotland of the feudal system in the 12th-century, pre-feudal, or Celtic tenures, were transformed into holding from the Crown and a number of these were held directly or in chief of the Crown and were held in liberam baroniam, in free barony, with high justice (i.e. with pit and gallows). In Scotland trees were often used as gallows. These Dule Trees, were also known as the 'Grief Tree', the 'Gallows Tree', the 'Justice Tree' or simply 'The Tree'.
These Baronies belonged to the same order as Earls and these Earls and Barons together formed the Order of the Three 'Estaits' of the Scots Parliament known as The Baronage of Scotland. The Barons sat in the Scots Parliament until 1587 when they were relieved from attendance, which was burdensome and costly. The right of pit and gallows was removed in 1747 by the Heritable Jurisdictions Act, lesser powers continued to the twentieth century.[2]
Dule trees were also used by Highland Chieftains, who would hang their enemies or any deserter, murderer, etc. from the Dool Tree. Highland clan chiefs also therefore had the power of 'life or death' over their clansmen in times gone by. The high ground on which these trees grew often became known as 'Gallows Hill'.
It is not clear whether the Moot or Justice Hills were also the site of the gallows. Some of the place names suggest that they could have been and many were certainly in a prominent position for the display of a corpse to warn others of the consequences of wrongdoing.
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Medieval Song (sung in the round)
[edit] The hill of lamentation
Paterson[3] is taken by the idea that dule-trees were places where a clan met to bewail any misfortune that befel the community. He cites an example where the friends and adherents of David, first Earl of Cassilis, met at the Cassilis dule-tree to lament, for several days, his loss at the disastrous Battle of Flodden in 1513. Lawson also gives these details and states that the retainers used to assemble under the tree to make lamentation upon the death of their chief, implying it was an old custom and not a 'one off.'[4]
[edit] The Dule trees of Johnnie Armstrong and his men
When James V became king of Scotland, one of his objectives was to restore order in his kingdom and to pacify the borders. He commanded an army of 12,000 men. He ordered all earls, lords, barons, freeholders and gentlemen to meet at Edinburgh with a month's supplies, and then to proceed to Teviotdale and Annandale. The nobles were to bring their dogs with them. After hunting for a few days, the King offered safe conduct to Johnnie Armstrong for an audience. John Armstrong was the laird of Kilnockie and was felt by all Scots to be as good a chieftain as there was within the borders, either in Scotland or England. Johnnie Armstrong may have been a loose-living man and although he never molested a Scotsman, he was of such a force that from the Scots border to Newcastle of England there were not many estates who did not pay tribute to him. When Johnnie came into the king's presence there was no trial but a hanging of Johnnie and his men in the trees of Carlanrig churchyard.
There is a legend that persists to this day that the trees withered and died and that the same happened to any trees which were planted since. Johnnie and his men would have fought when they realized what was to happen to them but chances are that they were seized and restrained before they could do so. He is said to have shouted to the King. "I have asked grace at a graceless face." His execution weakened James' authority in the borders and was a grave mistake on the King's part.[5].
[edit] Surviving examples
These trees were often close to the residence of the lord or clan chief and one of the best known Dule Trees, or 'Hanging Trees', stands within the grounds of Leith Hall, near Huntly, Scotland. This tree, a sycamore (Acer pseudoplatanus), was used as a natural gibbet and a means for publicly carrying out feudal justice. The strong timber, not prone to snapping, of sycamore made this a favoured species for this purpose. Incidentally, Sycamores used to be known as 'Plane' trees in Scotland. Leith Hall dates from about 1650 and the tree was possibly planted shortly after this. A rather gaunt and heavily branched tree, the trunk measures 116cm in diameter.[6]
At Cessnock Castle near Galston in East Ayrshire is a dule tree, a gnarled specimen of Castanea sativa - Sweet Chestnut.
The Dule tree at Cassillis Castle in South Ayrshire was blown down in a great storm during the winter of 1939-40 and when the rings on its trunk were counted, it was found to be about 200 years old. A new Dule tree, grown from a cutting taken from the old one, a Plane Tree or Sycamore[7] now stands on the original site. John or Johnny Faa, King of the Gypsies is said to have been hung from the Cassillis Dule Tree, together with some of his supporters.[8][9]
Kilkerran house in South Ayrshire has a dule tree in its grounds.
The ancient sycamore that stands in the shadow of Blairquhan Castle, near Straiton, South Ayrshire is thought to be Dule Tree, planted early in the 16th century during the reign of King James V of Scotland. The moss-covered trunk has a girth of 5.6 metres (18 feet 4 inches), and is completely hollow, with only a very thin outer shell of sound wood supporting the tree. The once spreading crown was heavily pruned in 1997 in an effort to preserve the fragile shell and prevent the much-weakened trunk from total collapse. Vigorous new growth is now establishing a new, smaller crown.
Near the village of Logierait in Perthshire is the hollow ` Ash Tree of the Boat of Logierait, ' which, 63 feet in height and 40 in girth at 3 feet from the ground, is said to have been ` the dool tree of the district, on which caitiffs and robbers were formerly executed, and their bodies left hanging till they dropped and lay around unburied. '[10]
An example may exist at Bargany in South Ayrshire where a European Ash (Fraxinus excelsior), may have served the purpose.
An example is said to survive in the Scottish Borders at Castle Douglas aka Castle Dangerous of Sir Walter Scott's novel of that name.
Smith records in 1895 that the stump of the Dule tree at Newark castle was carefully preserved.[11]
Hangman's Elm, or simply "The Hanging Tree", is an English Elm located in New York City, over 300 years old. Traitors are said to have been hanged at this location during the American Revolutionary War. Later, the Marquis de Lafayette is said to have witnessed the 'festive' hanging of 20 highwaymen here in 1824.
[edit] Previous sites of old Dule Trees
Auchendrane castle also (Auchindraine) in South Ayrshire sits on the banks of the River Doon and had a famous dule tree, long ago blown down in furious gale. This tree was an ash and stood in front of the castle; described as being one of the finest trees in the district. The last Mure of Auchendrane was arrested for non-payment of a small debt and the bailiff, out of compassion, offered to settle the debt in exchange for the dule tree. The Laird of Auchendrane replied that he would rather rot to death in the worst dungeon than sell the Dule-tree of Auchendrane.[12][13]
Newark Castle near the River Doon in South Ayrshire (old Carrick) had a dule-tree near its grand stair. It was an ash measuring about 15 feet circumference and it had five principal branches.[14]
Evelix Farmhouse regality Court-House and Gallows-Tree in the parish of Dornoch. According to the farmer at Evelix the Gallows Tree stood until recently in a niche in a wall nearby.[15]
The Victoria Bridge, Crathie and Braemar in Aberdeenshire has an old Scots pine tree that stands on the south side of the road leading to Mar Lodge, and to the west of the Bridge. This was traditionally the gallows tree for the barony.[15]
Tushielaw Tower gallows Tree, parish of Ettrick in the Scottish borders. The tree was an ash tree in the ruins of Tushielaw Tower on which Adam Scott, the 'King of the Thieves', was hung on the orders of James V.[15]
Lynstock near Abernethy, Perth and Kinross. An ancient fir still stood in the 20th-century when it was thought to be over 300 years old. At a height of 12 feet from the ground it had a strong projecting bough, and it is said that it was from it that the noose cord or wuddie was hung. There were marks of graves at the foot of the tree, tradition says of two brothers, as stated by the Rev. Mr Grant, and therefore the tree is sometimes called "The Tree of the Brothers."[16]
The Gallowshill across the main road from Rossdhu House, home of the Chiefs of the Clan Colquhoun, marks the site of their "dule-tree."[17]
[edit] Local History
Place names are usually a fairly reliable source of information about past events and activities, as with names such as Gallowayford at Kennox House in North Ayrshire near Chapeltoun. It is known that a gallows was situated here, however it cannot be proved that a dule tree was involved. Law Mount is a common name for small earth mounds, frequently in prominent positions, such as the example near Lambroughton, Stewarton in North Ayrshire. Public hangings took place on these 'Laws' or 'Moot Hills', some of which are or were wooded. Gallows-Knowe in Kilmarnock, East Ayrshire was the site of the gallows for the Baronial Court of the Boyds of Dean Castle. Gallow Law is a hill overlooking Newmilns in East Ayrshire.
Ghosts are frequently associated with Dule Trees which were used both as Gallows and Gibbets, such as at Gallow's Hill in Hertfordshire which has manifestations such as groaning timber, clanking chains and a man in grey.[18]
[edit] Dule trees in literature
Sir Walter Scott's Waverley Novel Guy Mannering features a 'Justice Tree' at the Castle of Ellangowan. The corpses of murderers were gibbeted and eventually buried at crossroads so that their spirits would be “bound” there. The living took pains to prevent the dead from wandering the land as lost souls – or even as animated corpses, for the belief in revenants was widespread in mediæval Europe.
Weir of Hermiston the unfinished novel by Robert Louis Stevenson makes reference to a dule-tree.
A Scottish Ballad The Wronged Mason tells of one Lambert Lamkin who is hung on the dule-tree of Balwearie Castle in Fife.[19]
The Dule Tree was published in 2004 by Finavon Print in association with the Elphinstone Institute, to mark the end of Sheena Blackhall's residency as Creative Writer in Scots at the University of Aberdeen.[20]
The Black Douglas of 1899 by S. R. Crockett (1859-1914) has the line and let that wight remember that the Douglas does not keep a dule tree up there by the Gallows Slock for nothing.[21]
[edit] Hanging trees in England
The Dorset Hanging tree still survives. It is an oak and was used by Judge Jeffrys to hang supporters of the Duke of Monmouth following his defeat at Sedgemoor.
At Beccles in Suffolk, near Roos Hall is an old oak tree which is said to be haunted by those hanged there, including a woman in white. The Devil can apparently be summoned by walking around the trunk six times.[22]
[edit] References
- ^ Rodger, Donald, Stokes, John & Ogilve, James (2006). Heritage Trees of Scotland. The Tree Council. ISBN 0-904853-03-9
- ^ PEERS AND HEIRS by Sir Malcolm Innes of Edingight, KCVO
- ^ Paterson, James (1864). History of the Counties of Ayrs and Wigton. Pub. James Stillie. Edinburgh. Vol.II. P. 388.
- ^ Lawson, Rev. R. (1885). Maybole Past and Present Pub. J. & R. Parlane, Paisley. P. 27.
- ^ Johnnie Armstrong
- ^ The Leith Hall Dule tree.
- ^ Lawson, Rev. R. (1885). Maybole Past and Present Pub. J. & R. Parlane, Paisley. P. 27.
- ^ Robertson, Wiliam (1908). Ayrshire. Its History & Historic Families. Vol.2. Grimsay Press. ISBN 1-84530-026-2 P. 25.
- ^ Lawson, Rev. R. (1885). Maybole Past and Present Pub. J. & R. Parlane, Paisley. P. 26.
- ^ The Logierait Dule-tree.
- ^ Smith, John (1895) Prehistoric man in Ayrshire. Pub. Elliot Stock. London. P. 182.
- ^ Paterson, James (1864). History of the Counties of Ayrs and Wigton. Pub. James Stillie. Edinburgh. Vol.II. P.388.
- ^ Robertson, William (1908). Ayrshire. Its History and Historic Families. Pub. Dunlop and Drennan. Kilmarnock. Vol.I. P. 188.
- ^ Paterson, James (1864). History of the Counties of Ayrs and Wigton. Pub. James Stillie. Edinburgh. Vol.II. P. 387 - 388.
- ^ a b c RCAHMS Canmore archaeology site
- ^ In the Days of the Baron Bailies.
- ^ Rhossdhu House.
- ^ Hippisley Coxe, Antony D. (1973). Haunted Britain. Pub. Hutchinson. ISBN 0-09-116540-7 P. 99.
- ^ The Ballad of the Wronged Mason.
- ^ The Dule Tree poem by Sheena Blackhall.
- ^ The Black Douglas by S.R.Crockett.
- ^ Haunted trees and other myths and legends of the forrest.
