1702: Not Nicholas Bayard, anti-Leislerian

Add comment March 30th, 2017 Headsman

March 30, 1702 was the date colonial New York spared Col. Nicholas Bayard from undergoing a hanging scheduled later that same day.

A “puzzling affair, made so by frustratingly incomplete documentation,” in the estimate of Adrian Howe, whose William and Mary Quarterly article (January 1990) “The Bayard Treason Trial: Dramatizing Anglo-Dutch Politics in Early Eighteenth-Century New York City” is a key source for this post: it was certainly blowback for the execution a decade earlier of the Dutch merchant Jacob Leisler who seized control of New York in a populist rising to cement its adherence to the Glorious Revolution. Bayard, a colonial elite related to Peter Stuyvesant himself, was Leisler’s superior in the militia but abhorred the Leislerian intervention on behalf of the usurping Dutch king William III.

Bayard got his by helping to manage Leisler’s prosecution all the way to the gallows, even reputedly hosting the new royal governor at his own house while his party plied him with alcohol in a (successful) bid to overcome his reluctance to sign Leisler’s death warrant — a triumph Bayard celebrated by gaily hanging a flag from his window on the day Leisler hanged.

Unchastened by having found it necessary to flee the city for his own safety during Leisler’s hour, Bayard did not refrain from provoking a foe that grew to hate him. Anglican clergyman John Miller surveyed the city during the intervening years and noticed that team Leisler “have vowed revenge & Some Say want but an opportunity to effect their purpose.”

As the 18th century dawned, the Leislerian party — think artisans, against the magnates — was back in control of the New York’s Provincial Council, and could finally see a way to that purpose. It seized on an intemperate petition that Bayard had drawn up against the late, pro-Leislerian governor Bellomont* and turned a 1691 anti-Leisler law-and-order statue against it.

The resulting eight-day trial in early March was a nakedly political operation although New York’s Dutchmen fell a bit short of the Robespierrian standard: it’s not clear whether they really meant to hound Bayard all the way to death or whether the last-minute pardon was the plan from day one. To get it, Bayard had to submit himself as far a very grudging apology for the offense — “which by the said sentence he finds and is convinced he has committed.” Apparently this sullen abasement was enough to satisfy Team Leisler, who cut here a picture of moderation and restraint that would do their countrymen’s latter-day stereotypes proud; when a new governor arrived, Bayard’s condemnation was fully reversed and expunged, “as if no such trial had been.”

This escape and restoration left Leisler to publish a pamphlet against his treatment, An Account of the illegal prosecution and tryal of Coll. Nicholas Bayard, in the province of New-York, for supposed high-treason, in the year 1701.

* Among other things in his venturesome life, Bellomont sponsored William Kidd when he was a somewhat legitimate privateer, but eventually orchestrated Kidd’s capture as a pirate.

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Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,New York,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Politicians,Power,Public Executions,USA

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1702: David Myles, incestuous

2 comments November 27th, 2016 Headsman

Broadside via the National Library of Scotland:

THE LAST
Words and Confession
of
DAVID MYLES

Who was Executed for Incest, at Edinburgh, on the 27 Day of November, 1702.

David Myles, having commited Incest with his Sister Margaret Myles, both were Condemn’d to be Hanged: the Woman upon the Twentieth and the Man upon the twenty Seventh of November; She Dyed very obduredly [sic] and Obstinately, and gave little or no satisfaction to the Spectators; But he (a young man, not 20 years) dyed very Seriously and Christianly; for when he was brought to the place of Execution, Mr. James Heart Exhorted to Repentance, and now at his last Hour to confess, what he had to say, concerning his Crime before the People.

Whereupon he went to the Eastern end of the scaffold, and said, Good People, give ear a while, I now confess before you all, That I was a very bad Liver, and a great Sabbath breaker, and not only a Sabbath breaker, but also a Swearer and Blasphemer of the Holy Name of GOD; and Guilty both of Incest and Fornication. I got a very ill Example from my Parents; Therefore I desire all you that are Parents to give a good Copy to your Children and desire that you would all pray to GOD for me; Whereupon the Auditors cryed out, Lord have Mercy upon his Soul; And Mr. Heart Prayed to this purpose, viz. That God would give him a sight of his Sins, and open a Door of Mercy to him and that the infinit [sic] Goodness might speedily prevent him, &c. Then he sung the first 4 Verses of the 51 Psalm: which being done, he went to the Western end of the Scaffold, and earnestly prayed to GOD, to pardon all his sins, to wash him, and cleanse him from all his Iniquities, thro’ his mercy, and with the Blood of Jesus Christ his Saviour: and that he was unworthy to come before so holy a GOD, for he was a great Sinner and Transgressor: His Sins were great and many, but tho’ he was weary and heavy laden, yet hoped he would find Rest; and tho’ his Body suffered upon the Gibbet, yet he hoped his soul would go to Glory, &c.

Then he went up the Ladder, and weeping sore, entreated the Spectators to take warning by him, and avoid Sin, lest they fall in the same snare. Then he said, O ye that are Parents of Children, God grant ye may cast them a better Copy than ever I got; And all ye that are young folk, who have your Years before your hands, seek God, and fly all Sin, for one Sin brings on another.

O all of you that see me this day, Take warning by me, and put up your petitions to God for me. Then Mr Heart prayed earnestly for him again; who, when be had done, enquired at him if he was willing to dye? He answered, Ay, ay, I am very willing: my Offence is great, very great: I do not deserve nor desire to live, for I deserve both Torment here, and Torment hereafter: I am very weary of my Sins.

Being enquired at, if he thought his Sentence just? or if he pardoned the Judges? He answered, My Sentence is very Just, I forgive the Judges, and all the World, and God forgive them. Mr. Heart asked him, what hope he had of his going to Heaven, or which of the promises of the Bible he could lippen to, or rely upon. He answered, many, many, but the particular places do not Strik [sic] me in the mind, at present.

Mr. Heart said, you told me in prison, of that in the 11 of Matthew, Came unto me all ye that Labour, and are heavy Laden, and I will give you rest. Whereupon he said, I indeed am in Labour, and am heavy laden, but I hope God will give me rest, and receive my Soul in Glory. He confessed again, that he had been a great Sabbath breaker: After which Mr.Heart recommended him to GOD.

A podcast about the trial — and the subsequent dissection — is available from BBC Radio Scotland, here.

Part of the Themed Set: Sexual Deviance.

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Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Execution,Hanged,History,Public Executions,Scotland,Sex

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1702: Dick Bauf, executioner of his parents

Add comment May 15th, 2014 Headsman

From the Newgate Calendar:


Who executed his own Parents, and from a Pickpocket became a Cat Burglar, and then a Highwayman. Executed at Dublin, 15th of May, 1702

THIS insolent offender was born in the kingdom of Ireland. At twelve years of age he had the wide world to shift for himself in, his parents being then forced to swing for their lives on a piece of cross timber, where they had the misfortune to have their breath stopped. Their crime was only breaking open and rifling a house, and murdering most of the family. Dick was present at the action, and contributed towards it as much as he was able, but found mercy at the assizes on account of his youth.

Some say he was pardoned only on the hard condition of being executioner to his own parents, and that he was at first very unwilling to take away the lives of those who gave him his, but consented at last, when he found that there was no excuse that such a worthy family might not be entirely cut off by one single act of justice. It is added that on the same consideration his father and mother persuaded him to the action, and gave him their blessing at the hour of their departure, assuring him that they had much rather die by his hands than by the hands of a stranger, since they were sure of his prayers in their last moments.

These words afforded great consolation to young Richard, and enabled him to get through the work with a Christian fortitude.

Being now left an orphan, young, helpless and alone, he determined to look out for some gentleman whom he might serve in the quality of a skip- kennel, or some handicraftsman of whom he might learn a trade, for his support in an honest way. But all his inquiry was in vain; for the lamentable exit of his parents, and the occasion of it, being fresh in everyone’s memory, their infamy rested on him, and there was no man to be found who would receive him into his house.

Being as yet unfit to engage in any great and hazardous enterprise, he took up the decent occupation of a pick-pocket, at which he soon became very dexterous, haunting all the fairs, markets, and even churches, round the country, and in this manner picking up a very good living; till, being often detected, and obliged to go through the discipline of the horse-pond, he was obliged to think of some other order of sharpers in which to get himself entered.

There is in Ireland a sort of men whom we may properly enough call satyrs, from their living in woods and desert places; among these Dick Bauf was next enrolled. These people never came to any towns, but continued in their private holds, stealing horses, kine, sheep and all sorts of cattle that came in their way, on which they subsisted. But all these inferior orders soon became tiresome to our adventurer, the more on account of the bad success he met with whilst he was in them.

The next, then, therefore, was to get acquainted with a gang of Grumeis, who take their name from the similitude of their practice to that of the young boys who climb up to the tops of the masts at sea with great activity, and are called cats, or Grumeis, by the sailors. The thieves that bear this name are housebreakers who make use of a ladder of ropes, with hooks in one end of it, by which they easily ascend to the chamber windows, having fastened their ladders with a long pole.

These robbers were very common in Dick Bauf’s time, and did a world of mischief both in town and country, doing all with so much expedition that they more frequently escaped than other housebreakers, yet commonly with as large booties of gold, silver, linen and everything that came to hand as anybody at all. When they had done their work their method was to pull a string which was fastened to the end of the hooks, and so raise them, upon which the ladder fell without leaving any marks behind it.

Next he got into a crew of wool-drawers, whose trade is to snatch away cloaks, hats or perukes from towners — a very sly sort of theft, practised only in the night, the greatest part of their cunning lying in the choice of a proper opportunity. They go always in companies, three or four together, about nine or ten at night, most commonly on dark rainy evenings, which are generally the most favourable to their practice. The places they choose are dark alleys and passages where a great many people come along, and there is a facility of escaping by a great many ways; which they do to prevent their being surprised by the neighbours if those that are robbed should cry out, as they frequently do.

But Dick Bauf was at last taken in one of these pranks also, and burned in the hand for it at Galway; upon which he grew weary of the lay. He was, moreover, now a man full grown, very lusty and able-bodied; which determined him to take to the highway. He was not long in making provision for this new course; and, being in every particular well accoutred for it, he proceeded in as intrepid and insolent a manner as ever fellow did.

All the four provinces of Ireland were scarce large enough for him to range in, and hardly afforded occasions enough for him to make proof of his courage as much as he desired. Night and day he pursued his villainies, and practised them on all ranks and degrees — rich and poor, old and young, man, woman and child were all the same to him. For he was as impartial as Death, and altogether as inexorable, being never softened to pity.

He was so notoriously remarkable for the daily robberies he committed on the Mount of Barnsmoor that no person of quality would venture to travel that way without a very large retinue. In a word, he kept his residence in this place till, by an order of the Government, there was a guard-house built on the middle of it; and the regiments lying at Coleraine, Londonderry, Belfast and other garrisons in the north of Ireland were obliged to detach thirty or forty men thither, under a sergeant and a corporal, and to relieve them monthly, on purpose to secure the passengers who travelled that way from being interrupted by this audacious robber.

These measures obliged him to shift his quarters and reside about Lorras. In the end, such grievous complaints of his frequent outrages were made to the Government by so many people that a proclamation was issued for the apprehending of him, with the promise of five hundred pounds’ reward to him who could do the State this signal piece of service; for, in short, he began to be looked upon as a dangerous person to the whole kingdom. This great sum caused abundance of people to look out for him, and among others were several who had often had a fellow-feeling with him, by being employed to dispose of what he stole.

Bauf was so enraged when he heard of this that he vowed revenge; which he thus executed.

Some of these persons daily travelled a by-road about business. As he knew their time of passing, he one day waylaid them and stopped them singly as they came, tying them neck and heels and putting them into an old barn by the roadside. When he had by this means got nine or ten together, he set the barn on fire and left them to be consumed with it; which they all were, without remedy.

This inhuman action was soon discovered by the persons being missed and the bones that were found in the rubbish; whereupon, finding the country too hot to hold him, he fled in disguise to Donaghadee, took shipping, and escaped to Portpatrick, in Scotland, from whence he designed to have gone to France. But lighting on a public-house where there was a handsome landlady he got familiar with her, which occasioned him to stay longer than he intended, and, indeed, too long for him; for the husband, at last observing the freedom that our rover took with his wife, caused him to be apprehended, in a fit of jealousy, having before a suspicion who he was.

When he was carried before a magistrate all circumstances appeared against him; so that he was sent back under a strong guard to Ireland, where he was soon known. Being committed to Newgate, in Dublin, and shortly afterwards condemned, it is said he offered five thousand pounds for a pardon, being worth twice the sum. But all proving ineffectual, he was executed at Dublin, on Friday, the 15th of May, 1702, aged twenty-nine years. His body was afterwards hanged in chains on Barnsmoor Mount, in the province of Ulster.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Gibbeted,Hanged,History,Ireland,Murder,Outlaws,Public Executions,Theft

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