1745: William Hook

Add comment January 4th, 2019 Headsman

From the London Evening Post, Jan. 5-8, 1745:

COUNTRY NEWS. Canterbury, Jan. 5. Yesterday William Hook, the notorius Housebreaker, &c. was executed here in the Presence of a prodigious Croud of Spectators. He behav'd in a very decent manner, and said he did not desire a farther Reprieve, and chose rather to be hang'd than transported, if he had had Friends to have gain'd that Favour for him. The Robberies he confess'd amounted to near seventy, committed by him (alone) in this City, its Neighbourhood, Sandwich and Chatham, in about fourteen Years.

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1748: Arthur Gray and William Rowland, Hawkhurst Gang smugglers

Add comment May 11th, 2018 Headsman

On this date in 1748, Arthur Gray and William Rowland — two desperadoes of the Hawkhurst Gang smuggling syndicate — were hanged at Tyburn.

We have in these pages formerly detailed the muscle of this fearsome gang, which having established a lucrative commercial enterprise evading tea duties and distributing its discount leaf did not shrink from brutalizing and murdering the king’s own agents to preserve it.*

Britain by the late 1740s was pressing hard to suppress the shocking violence of the smuggling trade. To that end, she had armed herself with legislation permitting the capital prosecution of people for carrying smuggled goods while armed — the attainble bar which was cleared for both of the prosecutions at issue in today’s post.

However, as the Newgate Ordinary described, there were much more shocking atrocities to be attributed:

There are numerous Instances might be given of the Barbarity of Smugglers, but I shall confine myself to one or two very remarkable, in which Gray was principally concerned, in Decem. 1744. The Commissioners of the Customs being informed that two noted Smugglers, Chiefs of a Gang who infested the Coast, were skulking at a House in Shoreham in Sussex, they granted a Warrant to Messieurs Quaff, Bolton, Jones, and James, four of his Majesty’s Officers of the Customs, to go in Search of them. The Officers found them according to the Information, seized them, and committed them to Goal. But the rest of the Gang, of which Gray was one, being informed of the Disaster of their Friends, convened in a Body the Monday following, and in open Day Light entered the Town with Hangers drawn, arm’d with Pistols and Blunderbusses; they fired several Shot to intimidate the Neighbourhood, and went to a House where the Officers were Drinking; dragg’d them out, tied three of them Neck and Heels (the fourth, named Quaff, making his Escape as they got out of the House) and carried them off in Triumph to Hawkhurst in Kent, treating them all the Way with the utmost Scurrility, and promising to broil them alive. However, upon a Council held among them, they let Mr. Jones go, after they had carried him about five Miles from Shoreham, telling him, they had nothing to object to him, but advised him not to be over busy in troubling them or their Brethren, left he might one Day meet the Fate reserved for his two Companions. They carried the unfortunate Mr. Bolton and James, to a Wood near Hawkhurst, stripped them naked, tyed them to two different Trees near one another, and whipped them in the most barbarous Manner, till the unhappy Men begg’d they would knock them on the Head to put them out of their Miseries; but these barbarous Wretches told them, it was time enough to think of Death when they had gone through all their Exercise that they had for them to suffer before they would permit them to go to the D – l. They then kindled a Fire between the two Trees, which almost scorch’d them to Death, and continued them in this Agony for some Hours, till the Wretches were wearied with torturing them; they then releas’d them from the Trees, and carried them quite speechless and almost dead, on Board one of their Ships, from whence they never return’d.

That’s all about Arthur Gray, a butcher by training who had advanced to a leadership role in the Hawkhurst Gang. Juridically, this entire story is nothing but the Ordinary’s gossip; the whole of Gray’s trial consists not of torturing and disappearing lawmen but an anodyne description of Gray’s having formed a convoy of about eight men, armed with blunderbusses and carbines, to carry uncustomed tea and brandy. It’s the get Capone on tax evasion school of using whatever tool is available; in fact, the very crime here for Gray is “tax offences”.

It’s the same for William Rowland, who was a person of much less consequence in the gang; the Ordinary has no scandal of interest to share with the reader, and by his telling Rowland awaiting the gallows seems preoccupied mostly with annoyance at his naivete in surrendering himself upon hearing of the warrant, thinking his involvement in the racket too trivial to have possibly come to hemp.

The Hawkhurst Gang would be broken up by 1749.

* On the lighter side of moral panics, we find philanthropist-noodge Jonas Hanway (who thought a proper Briton ought to fortify himself with robust beer instead of strained leaf-water) amusingly fretting in the 1750s that thanks to the 18th century’s tea craze

men were losing their stature, women their beauty, and the very chambermaids their bloom … Will the sons and daughters of this happy isle for ever submit to the bondage of so tyrannical a custom as drinking tea? … Were they the sons of tea-sippers who won the fields of Crécy and Agincourt or dyed the Danube’s shores with Gallic blood?

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1747: Serjeant Smith, deserter

Add comment December 11th, 2017 Headsman

By this time in 1747, England’s season of crowd-pleasing spectacular punishments for the Jacobite rising of 1745 had all but run its course; indeed, the very previous day, one of the last of the rebels had been disappointingly disposed of via exile instead of scaffold.

But, reports London in the Jacobite Times,

there was an exulting crowd the next day [December 11, 1747], lining the road from the barracks and military prison, in the Savoy, to the parade, St. James’s Park, and from the latter place to Hyde Park, where savages had come ‘in their thousands,’ and assembled round a gibbet in the centre of the Park.

From the Savoy was brought a stalwart sergeant, in gyves, marching, without music, and eagerly gazed at as he passed on his way to the Parade. He was a good soldier, something of a scholar, knew several languages, and was utterly averse from serving any other sovereign than King James or his friend King Louis.

Sergeant Smith had deserted, had been caught, and was now to suffer, not a soldier’s death by shooting, but the ignominious one of a felon. On the Parade, he was received by his own regiment, in the centre of which he was placed, and so guarded went slowly on to Hyde Park, to a dead roll of the drums.

He was dressed in a scarlet coat, all else white. In token of his Jacobite allegiance, he wore, and was allowed to wear, a rosette of tartan ribbons on his bosom, and similar bunches of ribbons on each knee. The sergeant went on with a smile. His self-possession made the hangman nervous, and Smith bade his executioner pluck up a spirit and do his duty. And so he died; what remains of him may perhaps still lie in the Park, for the Jacobite sergeant was buried beneath the gibbet.

The quality of the newspaper reporting at this time is illustrated by the fact that, in some of the journals, Jacobite Smith is said to have been shot.

In December 1747, a new paper was started, called the ‘Jacobite’s Journal.’ It was eminently anti-Jacobite, and was adorned with a head-piece representing a shouting Highlander and his wife on a donkey, to whose tail is tied the shield and arms of France; and from whose mouth hangs a label ‘Daily Post;’ the animal is led by a monk with one finger significantly laid to the side of his nose. The journal joked savagely at the idea of the above-named Sergeant Smith, being compelled to listen to his own funeral sermon in the Savoy Chapel, and hoped there was no flattery in it. As to the gay rosettes of tartan ribbons which he wore, the journal was disgusted with such a display on the part of a traitor.

Smith seems to have been a restless soul whose desertion to rebel colors in ’45 had followed a career of flexible loyalty in German service. The Newgate Calendar says of Smith that he “was a man of extraordinary abilities, and as vicious in his principles,” who had by his wandering life acquired several languages and thereby earned a lucrative appointment as an interpreter for officers and the rank of paymaster-serjeant. “A man thus caressed must be truly a villain who could be base enough to desert his duty; but Smith was of a roving turn, and could not keep long in a place, the excuse he gave for his crimes.”

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1741: John Ury, schoolmaster

Add comment August 29th, 2017 Headsman

Colonial New York’s summer 1741 slave rebellion panic* drew to a close on this date with the execution of the alleged Catholic priest John Ury.

The supposed plot to fire the city, whose reality and extent have been questioned ever since, had seen some 30 souls to the gallows and stakes these past four months after a suspicious series of fires hit the city in the spring.

The original supposed spider at the center of the web of was a white innkeep called John Hughson, who kept a raucous tavern frequented by blacks — and also kept a serving-girl named Mary Burton, the “eyewitness” who would become the inquisitor-judge Daniel Horsmanden‘s faithful familiar throughout the trials, conjuring every new accusation required of the next plot twist.

But even as Hughson was executed in June, the compounding accusations of people in fear of their lives had driven the story past the confines of his humble tavern, all the way to the capitals of the European powers against whom England was fighting a New World naval war. Jill LePore in New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan characterizes four Venn-patterned seditions that investigators perceived over the course of these months:

  • Hughson’s Plot, centered on the publican and his establishment;
  • The Negro Plot, extending well beyond Hughson’s circle to compass perhaps the majority of black people in New York;
  • The Spanish Plot, a foreign plan — possibly coordinated with an internal slave rising — to destroy New York or seize her for Spain; and,
  • The Catholic Plot.

It was the last of these, perfectly calibrated for the Anglo id, that would gather all the other strands together. What hand could unite the threats within and without? The priest. Who moved conspiratorially among Englishmen while obeying the dictates of a foreign potentate? The priest. Who gave men the boldness to murder their masters through his promise of absolving worldly sin? The priest.

The confusing — the incoherent — unfolding of trials that summer became marvelously clarified once apprehended as a Catholic intrigue; maybe the only wonder was that this decisive reveal emerged so late. The prosecutor of the trial that concerns us in this post would say as much in his summation:

Though this work of darkness, in the contrivance of a horrible plot, to burn and destroy this city, has manifested itself in many blazing effects, to the terror and amazement of us all; yet the secret springs of this mischief lay long concealed: this destructive scene has opened by slow degrees: but now, gentlemen, we have at length great reason to conclude, that it took its rise from a foreign influence; and that it originally depended upon causes, that we ourselves little thought of, and which, perhaps, very few of the inferior and subordinate agents were intimately acquainted with.

Gentlemen, if the evidence you have heard is sufficient to produce a general conviction that the late fires in this city, and the murderous design against its inhabitants, are the effects of a Spanish and popish plot, then the mystery of this iniquity, which has so much puzzled us, is unveiled, and our admiration ceases: all the mischiefs we have suffered or been threatened with, are but a sprout from that evil root, a small stream from that overflowing fountain of destruction, that has often deluged the earth with slaughter and blood, and spread ruin and desolation far and wide.

It might have been a warning letter sent by governor of Georgia, James Oglethorpe, that prepared this popish cast to events. “Some intelligence I had of a villainous design of a very extraordinary nature, if true, very important, viz. that the Spaniards had employed emissaries to burn all the magazines and considerable towns in the English North-America,” Oglethorpe wrote in May of 1741. And who were these “emissaries”? “Many priests were employed, who pretended to be physicians, dancing-masters, and other such kinds of occupations; and under that pretence to get admittance and confidence in families.”

These few words would prove a death warrant.

Days after Oglethorpe’s letter arrived to New York, a Manhattan newcomer named John Ury was taken up as a suspected undercover priest — appearing to fit Oglethorpe’s description for he had advertised himself a schoolmaster “pretending to teach Greek and Latin.” Latin!

Mary Burton, the Hughsons’ servant turned stool pigeon for all seasons, revised her original depositions averring that she had never seen white people besides her own household at Hughson’s nefarious negro gatherings and now conveniently remembered that this guy named Ury or Jury “used to come there almost every night, and sometimes used to lie there.” And he was Catholicizing the slaves as he inducted them into a spectacular conspiracy. How could I have forgotten to mention it?!

“Corroborating” testimony to this same effect would also be wrenched from the white soldier William Kane … when Mary’s fabrications against Kane forced him to choose between joining his accuser in perjury or joining slaves at the gallows. And the case was cinched by John Hughson’s miserable daughter Sarah, who spent that entire summer suspended between life and death before she was finally pardoned on the very morning of John Ury’s trial — an expedient necessary to clear the reluctant but desperate young woman to provide evidence against the “priest.”

Ury denied being Catholic at all; he defended himself vigorously in a nine-hour trial and clowned his accuser on cross-examination:

Prisoner: You say you have seen me several times at Hughson’s, what clothes did I usually wear?

Mary Burton: I cannot tell what clothes you wore particularly.

Prisoner: That is strange, and [k]now me so well.

Furthermore, Ury noted, he had been forewarned of the suspicions against him but not attempted to flee. Plus, what about all those people who had been executed since May? “The negro who confessed as it is said that he set fire to the fort did not mention me in all his confession doubtless he would not have neglected and passed over such a person as I am said to be … neither Huson his wife nor the creature that was hanged with them and all that have been put to death since did not once name me.”

Show trials are not proper venues for defenses, of course. If anything can be said on behalf of Ury’s appalling prosecution, it is that the production of an arch-villain permitted the final closure of a terrorist-hunt that weeks before had seemed on the verge of becoming a literal hecatomb. Horsmanden’s senior colleague on the bench, James De Lancey, had shown keen to wrap things up; at the same time, as an Atlantic oligarch, he likely viewed the foreign threat of the Spanish and/or Catholic plot far more gravely. From either perspective, Ury’s death was a fit end to the scene.

Ury was hanged on August 29, 1741, a month to the day after his trial. (He was originally to have shared his gallows with the Spaniard Juan de la Silva on August 15, but had been respited.) The freelance teacher turned infernal mastermind prepared a written vindication of himself for a friend, and at the gallows he “repeated somewhat of the substance of it before he was turned of.” Here it is:

Fellow Christians —

I am now going to suffer a death attended with ignominy and pain; but it is the cup that my heavenly father has put into my hand, and I drink it with pleasure; it is the cross of my dear redeemer, I bear it with alacrity; knowing that all that live godly in Christ Jesus, must suffer persecution; and we must be made in some degree partakers of his sufferings before we can share in the glories of his resurrection: for he went not up to glory before he ascended Mount Calvary; did not wear the crown of glory before the crown of thorns.

And I am to appear before an awful and tremendous God, a being of infinite purity and unerring justice, a God who by no means will clear the guilty, that cannot be reconciled either to sin or sinners; now this is the being at whose bar I am to stand, in the presence of this God, the possessor of heaven and earth, I lift up my hands and solemnly protest I am innocent of what is laid to my charge: I appeal to the great God for my non-knowledge of Hewson [sic], his wife, or the creature that was hanged with them, I never saw them living, dying, or dead; nor never had I any knowledge or confederacy with white or black as to any plot; and upon the memorials of the body and blood of my dearest lord, in the creatures of bread and wine, in which I have commemorated the love of my dying lord, I protest that the witnesses are perjured; I never knew the perjured witnesses but at my trial.

But for the removal of all scruples that may arise after my death I shall give my thoughts on some points.

First — I firmly believe and attest, that it is not in the power of man to forgive sin; that it is the prerogative only of the great God to dispense pardon for sins; and that those who dare pretend to such a power, do in some degree commit that great and unpardonable sin, the sin against the Holy Spirit, because they pretend to that power which their own consciences proclaim to be a lie.

Again, I solemnly attest and believe, that a person having committed crimes that have or might have proved hurtful or destructive to the peace of society, and does not discover the whole scheme, and all the persons concerned with them, cannot obtain pardon from God: and it is not the taking any oath or oaths that ought to hinder him from confessing his guilt, and all that he knows about it; for such obligations are not only sinful, but unpardonable, if not broken: now a person firmly believing this, and knowing that an eternal state of happiness or misery depends upon the performance or non-performance of the above-mentioned things, cannot, will not trifle with such important affairs.

I have not more to say by way of clearing my innocence, knowing that to a true Christian unprejudiced mind, I must appear guiltless; but however, I am not very solicitous about it. I rejoice, and it is now my comfort (and that will support me and protect me from the crowd of evil spirits that I must meet with in my flight to the region of bliss assigned me) that my conscience speaks peace to me.

Indeed, it may be shocking to some serious Christians, that the holy God should suffer innocence to be slain by the hands of cruel and bloody persons; (I mean the witnesses who swore against me at my trial), indeed, there may be reasons assigned for it; but, as they may be liable to objections, I decline them; and shall only say, that this is one of the dark providences of the great God, in his wise, just and good government of this lower earth.

In fine, I depart this waste, this howling wilderness, with a mind serene, free from all malice, with a forgiving spirit, so far as the gospel of my dear and only redeemer obliges and enjoins me to, hoping and praying, that Jesus, who alone is the giver of repentance, will convince, conquer and enlighten my murderers’ souls, that they may publicly confess their horrid wickedness before God and the world, so that their souls may be saved in the day of the Lord Jesus.

And now, a word of advice to you, spectators: behold me launching into eternity; seriously, solemnly view me, and ask yourselves severally, how stands the case with me? die I must: am I prepared to meet my Lord when the midnight cry is echoed forth? shall I then have the wedding garment on? Oh, sinners! trifle no longer; consider life hangs on a thread; here to-day and gone to-morrow; forsake your sins ere ye be forsaken forever: hearken, now is God awfully calling you to repent, warning you by me, his minister and prisoner, to embrace Jesus, to take, to lay hold on him for your alone savior, in order to escape the wrath to come; no longer delay, seeing the summons may come before ye are aware, and you standing before the bar of a God who is consuming fire out of the Lord Jesus Christ, should be hurled, be doomed to that place, where their worm dies not, and their fire is never to be quenched.

* Longtime readers may recall that the series to which this post belongs ran last year. Embarrassingly I lost track of the date, and in the almanac form the calendar is unforgiving.

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1746: Lords Kilmarnock and Balmerino, Jacobites

Add comment August 18th, 2017 Horace Walpole

(Thanks to prolific litterateur and Whig M.P. Horace Walpole for the correspondence we repurpose here as a guest post on the beheadings of Lords Kilmarnock and Balmerino. Both men were captured upon the great wreck at Culloden of the 1745 Jacobite Rebellion. In the service of readability we’ve taken the liberty of adding line breaks and eliding Walpole’s observations on general news and society gossip not touching the Jacobite trials.)

TO SIR HORACE MANN.

Arlington Street, Aug. 1, 1746.

I am this moment come from the conclusion of the greatest and most melancholy scene I ever yet saw you will easily guess it was the trials of the rebel Lords. As it was the most interesting sight, it was the most solemn and fine: a coronation is a puppet-show, and all the splendour of it idle; but this sight at once feasted one’s eyes and engaged all one’s passions.

It began last Monday; three parts of Westminster-hall were inclosed with galleries, and hung with scarlet; and the whole ceremony was conducted with the most awful solemnity and decency, except in the one point of leaving the prisoners at the bar, amidst the idle curiosity of some crowd, and even with the witnesses who had sworn against them, while the Lords adjourned to their own House to consult.

No part of the royal family was there, which was a proper regard to the unhappy men, who were become their victims.

One hundred and thirty-nine Lords were present, and made a noble sight on their benches frequent and full! The Chancellor was Lord High Steward; but though a most comely personage with a fine voice, his behaviour was mean, curiously searching for occasion to bow to the minister that is no peer, and consequently applying to the other ministers, in a manner, for their orders; and not even ready at the ceremonial. To the prisoners he was peevish; and instead of keeping up to the humane dignity of the law of England, whose character it is to point out favour to the criminal, he crossed them, and almost scolded at any offer they made towards defence.

I had armed myself with all the resolution I could, with the thought of their crimes and of the danger past, and was assisted by the sight of the Marquis of Lothian in weepers for his son who fell at Culloden — but the first appearance of the prisoners shocked me! their behaviour melted me!

Lord Kilmarnock and Lord Cromartie are both past forty, but look younger.

Lord Kilmarnock is tall and slender, with an extreme fine person: his behaviour a most just mixture between dignity and submission; if in any thing to be reprehended, a little affected, and his hair too exactly dressed for a man in his situation; but when I say this, it is not to find fault with him, but to show how little fault there was to be found.

Lord Cromartie is an indifferent figure, appeared much dejected, and rather sullen: he dropped a few tears the first day, and swooned as soon as he got back to his cell.

For Lord Balmerino, he is the most natural brave old fellow I ever saw: the highest intrepidity, even to indifference. At the bar he behaved like a soldier and a man; in the intervals of form, with carelessness and humour.

He pressed extremely to have his wife, his pretty Peggy, with him in the Tower. Lady Cromartie only sees her husband through the grate, not choosing to be shut up with him, as she thinks she can serve him better by her intercession without: she is big with child and very handsome; so are their daughters.

When they were to be brought from the Tower in separate coaches, there was some dispute in which the axe must go — old Balmerino cried, “Come, come, put it with me.” At the bar, he plays with his fingers upon the axe, while he talks to the gentleman-gaoler; and one day somebody coming up to listen, he took the blade and held it like a fan between their faces. During the trial, a little boy was near him, but not tall enough to see; he made room for the child and placed him near himself.

When the trial began, the two Earls pleaded guilty; Balmerino not guilty, saying he could prove his not being at the taking of the castle of Carlisle, as was laid in the indictment.

Then the King’s counsel opened, and Serjeant Skinner pronounced the most absurd speech imaginable; and mentioned the Duke of Perth, “who,” said he, “I see by the papers is dead.”

Then some witnesses were examined, whom afterwards the old hero shook cordially by the hand.

The Lords withdrew to their House, and returning demanded, of the judges, whether one point not being proved, though all the rest were, the indictment was false? to which they unanimously answered in the negative. Then the Lord High Steward asked the Peers severally, whether Lord Balmerino was guilty! All said, “guilty upon honour,” and then adjourned, the prisoner having begged pardon for giving them so much trouble.

While the lords were withdrawn, the Solicitor-General Murray (brother of the Pretender‘s minister) officiously and insolently went up to Lord Balmerino, and asked him, how he could give the Lords so much trouble, when his solicitor had informed him that his plea could be of no use to him Balmerino asked the bystanders who this person was and being told, he said, “Oh, Mr. Murray! I am extremely glad to see you; I have been with several of your relations; the good lady, your mother, was of great use to us at Perth.”

Are not you charmed with this speech? how just it was as he went away, he said, “They call me Jacobite; I am no more a Jacobite than any that tried me: but if the Great Mogul had set up his standard, I should have followed it, for I could not starve.” The worst of his case is, that after the battle of Dumblain, having a company in the Duke of Argyll‘s regiment, he deserted with it to the rebels, and has since been pardoned. Lord Kilmarnock is a presbyterian, with four earldoms in him, but so poor since Lord Wilmington’s stopping a pension that my father had given him, that he often wanted a dinner.

Cromartie was receiver of the rents of the King’s second son in Scotland, which, it was understood, he should not account for; and by that means had six hundred a-year from the Government: Lord Elibank, a very prating, impertinent Jacobite, was bound for him in nine thousand pounds, for which the Duke is determined to sue him.

When the Peers were going to vote, Lord Foley withdrew, as too well a wisher; Lord Moray, as nephew of Lord Balmerino — and Lord Stair — as, I believe, uncle to his great-grandfather. Lord Windsor, very affectedly, said, “I am sorry I must say, guilty upon my honour.” Lord Stamford would not answer to the name of Henry, having been christened Harry — what a great way of thinking on such an occasion! I was diverted too with old Norsa, the father of my brother’s concubine, an old Jew that kept a tavern; my brother, as auditor of the exchequer, has a gallery along one whole side of the court: I said, “I really feel for the prisoners!” old Issachar replied, “Feel for them! pray, if they had succeeded, what would have become of all us?”

When my Lady Townshend heard her husband vote, she said, “I always knew my Lord was guilty, but I never thought he would own it upon his honour.” Lord Balmerino said, that one of his reasons for pleading not guilty, was, that so many ladies might not be disappointed of their show.

On Wednesday they were again brought to Westminster-hall, to receive sentence; and being asked what they had to say, Lord Kilmarnock, with a very fine voice, read a very fine speech, confessing the extent of his crime, but offering his principles as some alleviation, having his eldest son (his second unluckily was with him,) in the Duke’s army, fighting for the liberties of his country at Culloden, where his unhappy father was in arms to destroy them.

He insisted much on his tenderness to the English prisoners, which some deny, and say that he was the man who proposed their being put to death, when General Stapleton urged that he was come to fight, and not to butcher; and that if they acted any such barbarity, he would leave them with all his men. He very artfully mentioned Van Hoey’s letter, and said how much he should scorn to owe his life to such intercession.

Lord Cromartie spoke much shorter, and so low, that he was not heard but by those who sat very near him; but they prefer his speech to the other. He mentioned his misfortune in having drawn in his eldest son, who is prisoner with him; and concluded with saying, “If no part of this bitter cup must pass from me, not mine, O God, but thy will be done!” If he had pleaded not guilty, there was ready to be produced against him a paper signed with his own hand, for putting the English prisoners to death. Lord Leicester went up to the Duke of Newcastle, and said, “I never heard so great an orator as Lord Kilmarnock; if I was your grace, I would pardon him, and make him paymaster.”

That morning a paper had been sent to the lieutenant of the Tower for the prisoners; he gave it to Lord Cornwallis, the governor, who carried it to the House of Lords. It was a plea for the prisoners, objecting that the late act for regulating the trial of rebels did not take place till after their crime was committed. The Lords very tenderly and rightly sent this plea to them, of which, as you have seen, the two Earls did not make use; but old Balmerino did, and demanded council on it. The High Steward, almost in a passion, told him, that when he had been offered council, he did not accept it. Do but think on the ridicule of sending them the plea, and then denying them council on it! The Duke of Newcastle, who never lets slip an opportunity of being absurd, took it up as a ministerial point, in defence of his creature the Chancellor; but Lord Granville moved, according to order, to adjourn to debate in the chamber of Parliament, where the Duke of Bedford and many others spoke warmly for their having council; and it was granted. I said their, because the plea would have saved them all, and affected nine rebels who had been hanged that very morning; particularly one Morgan, a poetical lawyer.

Lord Balmerino asked for Forester and Wilbraham; the latter a very able lawyer in the House of Commons, who, the Chancellor said privately, he was sure would as soon be hanged as plead such a cause. But he came as council to-day (the third day), when Lord Balmerino gave up his plea as invalid, and submitted, without any speech.

The High Steward then made his, very long and very poor, with only one or two good passages; and then pronounced sentence!

Great intercession is made for the two Earls: Duke Hamilton, who has never been at court, designs to kiss the King’s hand, and ask Lord Kilmarnock’s life. The King is much inclined to some mercy; but the Duke, who has not so much of Caesar after a victory, as in gaining it, is for the utmost severity.

It was lately proposed in the city to present him with the freedom of some company; one of the aldermen said aloud, “Then let it be of the Butchers!” (…)

TO GEORGE MONTAGU, ESQ.

Arlington Street, Aug. 5, 1746.

DEAR GEORGE,

(…) Lady Cromartie presented her petition to the King last Sunday. He was very civil to her, but would not at all give her any hopes. She swooned away as soon as he was gone.

Lord Cornwallis told me that her lord weeps every time any thing of his fate is mentioned to him. Old Balmerino keeps up his spirits to the same pitch of gaiety. In the cell at Westminster he showed Lord Kilmarnock how he must lay his head; bid him not wince, lest the stroke should cut his skull or his shoulders, and advised him to bite his lips.

As they were to return, he begged they might have another bottle together, as they should never meet any more till –, and then pointed to his neck. At getting into the coach, he said to the gaoler, “Take care, or you will break my shins with this damned axe.”

I must tell you a bon-mot of George Selwyn‘s at the trial. He saw [Anne] Bethel’s sharp visage looking wistfully at the rebel lords; he said, “What a shame it is to turn her face to the prisoners till they are condemned.” If you have a mind for a true foreign idea, one of the foreign ministers said at the trial to another, “Vraiment cela est auguste.” “Oui,” replied the other, “cela est vrai, mais cela n’est pas royale.”

I am assured that the old Countess of Errol made her son Lord Kilmarnock go into the rebellion on pain of disinheriting him. I don’t know whether I told you that the man at the tennis-court protests that he has known him dine at the man that sells pamphlets at Storey’s Gate; “and,” says he, “he would often have been glad if I would have taken him home to dinner.” He was certainly so poor, that in one of his wife’s intercepted letters she tells him she has plagued their steward for a fortnight for money, and can get but three shillings.

Can any one help pitying such distress? I am vastly softened, too, about Balmerino’s relapse, for his pardon was only granted him to engage his brother’s vote at the election of Scotch peers. My Lord Chancellor has got a thousand pounds in present for his high stewardship, and has got the reversion of clerk of the crown (twelve hundred a-year) for his second son. What a long time it will be before his posterity are drove into rebellion for want, like Lord Kilmarnock! (…)

To GEORGE MONTAGU, ESQ.

Arlington Street, Aug. 11, 1746.

DEAR GEORGE,

I have seen Mr. Jordan, and have taken his house at forty guineas a-year, but I am to pay taxes. Shall I now accept your offer of being at the trouble of giving orders for the airing of it? I have desire the landlord will order the key to be delivered to you, and Asheton will assist you. Furniture, I find, I have in abundance, which I shall send down immediately; but shall not be able to be at Windsor at the quivering dame’s before to-morrow se’nnight, as the rebel Lords are not to be executed till Monday. I shall stay till that is over, though I don’t believe I shall see it. Lord Cromartie is reprieved for a pardon. If wives and children become an argument for saving rebels, there will cease to be a reason against their going into rebellion. Lady Caroline Fitzroy’s execution is certainly to-night. I dare say she will follow Lord Balmerino’s advice to Lord Kilmarnock, and not wince. [The wag refers to Caroline‘s Aug. 11 wedding night, with the Lord Petersham -ed.]

(…)

TO SIR HORACE MANN.

Arlington Street, Aug. 12, 1746.

(…)

We know nothing certainly of the young Pretender, but that he is concealed in Scotland, and devoured with distempers: I really wonder how an Italian constitution can have supported such rigours! He has said, that “he did not see what he had to be ashamed of; and that if he had lost one battle, he had gained two.” Old Lovat curses Cope and Hawley for the loss of those two, and says, if they had done their duty, he had never been in this scrape. Cope is actually going to be tried; but Hawley, who is fifty times more culpable, is saved by partiality: Cope miscarried by incapacity; Hawley, by insolence and carelessness.

Lord Cromartie is reprieved; the Prince asked his life, and his wife made great intercession. Duke Hamilton’s intercession for Lord Kilmarnock has rather hurried him to the block: he and Lord Balmerino are to die next Monday. Lord Kilmarnock, with the greatest nobleness of soul, desired to have Lord Cromartie preferred to himself for pardon, if there could be but one saved; and Lord Balmerino laments that himself and Lord Lovat were not taken at the same time; “For then,” says he, “we might have been sacrificed, and those other two brave men escaped.”

Indeed Lord Cromartie does not much deserve the epithet; for he wept whenever his execution was mentioned. Balmerino is jolly with his pretty Peggy. There is a remarkable story of him at the battle of Dunblain, where the Duke of Argyll, his colonel, answered for him, on his being suspected. He behaved well; but as soon as we had gained the victory, went off with his troop to the Pretender; protesting that he had never feared death but that day, as he had been fighting against his conscience.

Popularity has changed sides since the year ’15, for now the city and the generality are very angry that so many rebels have been pardoned. Some of those taken at Carlisle dispersed papers at their execution, saying they forgave all men but three, the Elector of Hanover [i.e., King George II], the pretended Duke of Cumberland, and the Duke of Richmond, who signed the capitulation at Carlisle.

(…)

TO GEORGE MONTAGU, ESQ.

Arlington Street, Aug. 16, 1746.

(…) I have been this morning at the Tower, and passed under the new heads at Temple Bar, where people make a trade of letting spying-glasses at a halfpenny a look. Old Lovat arrived last night. I saw Murray, Lord Derwentwater, Lord Traquair, Lord Cromartie and his son, and the Lord Provost, at their respective windows.

The other two wretched Lords are in dismal towers, and they have stopped up one of old Balmerino’s windows because he talked to the populace; and now he has only one, which looks directly upon all the scaffolding. They brought in the death-warrant at his dinner. His wife fainted. He said, “Lieutenant, with your damned warrant you have spoiled my lady’s stomach.” He has written a sensible letter to the Duke to beg his intercession, and the Duke has given it to the King; but gave a much colder answer to Duke Hamilton, who went to beg it for Lord Kilmarnock: he told him the affair was in the King’s hands, and that he had nothing to do with it. Lord Kilmarnock, who has hitherto kept up his spirits, grows extremely terrified.

It will be difficult to make you believe to what heights of affectation or extravagance my Lady Townshend carries her passion for my Lord Kilmarnock, whom she never saw but at the bar of his trial, and was smitten with his falling shoulders. She has been under his windows; sends messages to him; has got his dog and his snuff-box; has taken lodgings out of town for to-morrow and Monday night, and then goes to Greenwich; forswears conversing with the bloody English, and has taken a French master. She insisted on Lord Hervey’s promising her he would not sleep a whole night for my Lord Kilmarnock, “and in return,” says she, “never trust me more if I am not as yellow as a jonquil for him.” She said gravely t’other day, “Since I saw my Lord Kilmarnock, I really think no more of Sir Harry Nisbett than if there was no such man in the world.”

But of all her flights, yesterday was the strongest. George Selwyn dined with her, and not thinking her affliction so serious as she pretends, talked rather jokingly of the execution. She burst into a flood of tears and rage; told him she now believed all his father and mother had said of him; and with a thousand other reproaches flung upstairs. George coolly took Mrs. Dorcas, her woman, and made her sit down to finish the bottle: “And pray, sir,” said Dorcas, “do you think my lady will be prevailed upon to let me go see the execution? I have a friend that has promised to take care of me, and I can lie in the Tower the night before.”

My lady has quarrelled with Sir Charles Windham for calling the two Lords malefactors. The idea seems to be general; for ’tis said Lord Cromartie is to be transported, which diverts me for the dignity of the peerage. The ministry really gave it as a reason against their casting lots for pardon, that it was below their dignity. I did not know but that might proceed from Balmerino’s not being an earl; and therefore, now their hand is in, would have them make him one. (…)

TO SIR HORACE MANN.

Windsor, Aug. 21, 1746.

(…)

I came from town (for take notice, I put this place upon myself for the country) the day after the execution of the rebel Lords: I was not at it, but had two persons come to me directly who were at the next house to the scaffold; and I saw another who was upon it, so that you may depend upon my accounts.

Just before they came out of the Tower, Lord Balmerino drank a bumper to King James’s health. As the clock struck ten they came forth on foot, Lord Kilmarnock all in black, his hair unpowdered in a bag, supported by Forster, the great Presbyterian, and by Mr. Home, a young clergyman, his friend. Lord Balmerino followed, alone, in a blue coat turned up with red, his rebellious regimentals, a flannel waistcoat, and his shroud beneath; their hearses following.

They were conducted to a house near the scaffold; the room forwards had benches for spectators; in the second Lord Kilmarnock was put, and in the third backwards Lord Balmerino; all three chambers hung with black. Here they parted! Balmerino embraced the other, and said, “My lord, I wish I could suffer for both!” He had scarce left him, before he desired again to see him, and then asked him, “My Lord Kilmarnock, do you know any thing of the resolution taken in our army, the day before the battle of Culloden, to put the English prisoners to death?” He replied, “My lord, I was not present; but since I came hither, I have had all the reason in the world to believe that there was such order taken; and I hear the Duke has the pocketbook with the order.” Balmerino answered, “It was a lie raised to excuse their barbarity to us.” –Take notice, that the Duke’s charging this on Lord Kilmarnock (certainly on misinformation) decided this unhappy man’s fate! The most now pretended is, that it would have come to Lord Kilmarnock’s turn to have given the word for the slaughter, as lieutenant-general, with the patent for which he was immediately drawn into the rebellion, after having been staggered by his wife, her mother, his own poverty, and the defeat of Cope.

He remained an hour and a half in the house, and shed tears. At last he came to the scaffold, certainly much terrified, but with a resolution that prevented his behaving in the least meanly or unlike a gentleman. He took no notice of the crowd, only to desire that the baize might be lifted up from the rails, that the mob might see the spectacle.

He stood and prayed some time with Forster, who wept over him, exhorted and encouraged him. He delivered a long speech to the Sheriff, and with a noble manliness stuck to the recantation he had made at his trial; declaring he wished that all who embarked in the same cause might meet the same fate.

He then took off his bag, coat and waistcoat with great composure, and after some trouble put on a napkin-cap, and then several times tried the block; the executioner, who was in white with a white apron, out of tenderness concealing the axe behind himself. At last the Earl knelt down, with a visible unwillingness to depart, and after five minutes dropped his handkerchief, the signal, and his head was cut off at once, only hanging by a bit of skin, and was received in a scarlet cloth by four of the undertaker’s men kneeling, who wrapped it up and put it into the coffin with the body; orders having been given not to expose the heads, as used to be the custom.

The scaffold was immediately new-strewed with saw-dust, the block new-covered, the executioner new-dressed, and a new axe brought. Then came old Balmerino, treading with the air of a general. As soon as he mounted the scaffold, he read the inscription on his coffin, as he did again afterwards: he then surveyed the spectators, who were in amazing numbers, even upon masts of ships in the river; and pulling out his spectacles, read a treasonable speech, which he delivered to the Sheriff, and said, the young Pretender was so sweet a Prince that flesh and blood could not resist following him; and lying down to try the block, he said, “If I had a thousand lives, I would lay them all down here in the same cause.”

He said, if he had not taken the sacrament the day before, he would have knocked down Williamson, the lieutenant of the Tower, for his ill usage of him. He took the axe and felt it, and asked the headsman how many blows he had given Lord Kilmarnock; and gave him three guineas. Two clergymen, who attended him, coming up, he said, “No, gentlemen, I believe you have already done me all the service you can.” Then he went to the corner of the scaffold, and called very loud for the warder, to give him his periwig, which he took off, and put on a nightcap of Scotch plaid, and then pulled off his coat and waistcoat and lay down; but being told he was on the wrong side, vaulted round, and immediately gave the sign by tossing up his arm, as if he were giving the signal for battle. He received three blows, but the first certainly took away all sensation. He was not a quarter of an hour on the scaffold; Lord Kilmarnock above half a one. Balmerino certainly died with the intrepidity of a hero, but with the insensibility of one too.


Detail view (click for the full image) shows London crowds thronging the twin beheading of Jacobite lords on August 18, 1746.

As he walked from his prison to execution, seeing every window and top of house filled with spectators, he cried out, “Look, look, how they are all piled up like rotten oranges.” My Lady Townshend, who fell in love with Lord Kilmarnock at his trial, will go nowhere to dinner, for fear of meeting with a rebel-pie; she says, every body is so bloody-minded, that they eat rebels! The Prince of Wales, whose intercession saved Lord Cromartie, says he did it in return for old Sir William Gordon, Lady Cromartie’s father, coming down out of his death-bed to vote against my father in the Chippenham election. (…)

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1741: Henry Smith, cad

Add comment March 28th, 2017 Headsman

On this date in 1741 ended at Dorchester “a young Man of great Hope, who was of a proper Stature, and of a handsome Personage, of a gentle and winning Disposition, chearful in his Temper, of a noble Nature, a kind and benevolent Mind; he had a pleasant Wit, speaking very gracefully and pertinently that made him pleasant to all Company; of an Industry in Business not to be tired; and what is remarkable, tho’ he spent his Youth among Seafaring People, yet he seldom drank any Thing else but Water of Small Beer, he abhorr’d Drunkenness in others, and could not endure any light or prophane Words, with whatever Sharpness of Wit it was cover’d; in his Engagements in Trade he was regular; in his Promises punctual; to his Servants he was kind; to his Wife very loving, and so courteous and affable to all Men, that he had many Friends, and few Enemies; he preserved a Reputation in his Neighbourhood, and was esteem’d and beloved through the Circle of his Acquaintance.”

Seems like a pretty great guy, except for the part where, concealing his marriage, he debauched and impregnated a serving-girl with the unrealizable promise of wedlock — a promise poor Jane Mew was disabused of by accidentally meeting his wife.

What occurred next is only to be inferred, for the very respectable Smith (or Smythee, as the pamphlet attached to this post has it) denied the circumstantial case against him to the last. Smith directed his lover to a lying-in place to give birth in secret but Jane Mew turned up in a field with her throat slashed en route. Perhaps Smith would have stood a better chance of convincing people that she had fallen as prey to some random highway robber or a desperate suicide had he not taken flight upon the discovery of her incriminating corpse.

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1744: The Black Boy Alley Gang hanged at Tyburn

Add comment December 24th, 2016 Headsman

Old Blighty celebrated Christmas Eve of 1744 by weighing the Tyburn’s triple tree with no fewer than 18 thieves — 16 men, one woman, and one 14-year-old boy. Half of them were fellows in a “pestiferous Crew,” as the Newgate Ordinary colorfully describes it, the Black-Boy-Alley Gang.

Such a profligate Sett of audacious Bloodthirsty, desperate, and harden’d Villains, have of late started up to infest this great City, as make it quite unsafe to walk even in the most public Streets … Whether we consider the Number of the Malefactors, the Nature of their Crimes, the Age of some of the Offenders, (one particularly, which was a perfect Child) or the Apprehensions into which the Inhabitants of this great City were for some Time thrown, by their Excessive Boldness in committing their Robberies, all wears the Face of Horror and Confusion.

As one might suppose, these rascals based in the environs of Black Boy Alley, a no-longer-extant passageway onto the Thames in Holborn. Rictor Norton, whose work on crime in 18th century England and especially the proto-gay “molly” culture, has often been referenced in these pages, has a fascinating exploration of the Black Boy Alley gang here.

As usual one can read the entire tract at at the Old Bailey Onine; we’ve also embedded it below in pdf form.

While the Ordinary — a man named James Guthrie — expands considerably on the activities of this lot, he is outraged enough to begin his narrative instead with a group of soldiers reprieved from enlarging the Christmas Day caravan to Tyburn — “a Sett of Malefactors, who not content with the Crime of Robbery, have thought add thereto the most heinous Offence of Sodomy, which brought down Fire from Heaven; and, as if this had not been enough, they made that very monstrous Crime a Handle and Snare to draw Gentlemen in, who were inclined to that unnatural Sin.” (That is, they robbed by seducing their targets with the promise of a homosexual assignation.)

Guthrie is unabashedly furious that these guys have all managed to skate, and revenges himself by appending them to his narrative even if they cannot be depended from the gallows — so consumes the best part of ten pages reciting all that he knows or has heard about them, that “though they have hitherto escaped corporal Punishment, at least, in this World, we will do out Endeavour they shall not go wholly Scot-free, but expose both them and their vile Practices to the Public.” Considering that the nub of their operation was robbery, often violent, which of its own would cost the lives of many others on this date and throughout the era of the Bloody Code, no emerging enlightenment on human sexuality need be sought to explain their reprieve. Rather,

Of this abominable Sett, the better Sort, (if indeed any better can be of such a Crew) have found the way to escape both Shame and Chasment, very probably, by commuting with their Purses for the safety of their Persons; and as for the latter, who were all Soldiers, they escaped what was due to their Deserts, by being concerned with their Superiors; so true this our righteous Age, that Wickedness in high Places is sure to go unpunished.

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1740: Edward Shuel, for a Catholic-Protestant marriage

1 comment November 29th, 2016 Headsman

For today’s post, we’re revisiting one of our favorite troves, James Kelly’s Gallows Speeches From Eighteenth-Century Ireland — for the remarkable story of the minister executed for secretly marrying a Catholic to a Protestant. (We don’t usually think of tragic romance as being tragic for the officiant.)

Though it was hardly commonly enforced in this way — and it’s obvious from these pamphlets that it was the political pull of the groom’s family that doomed our Edward Shuel or Sewell — Ireland indeed had a real Marriage Act that made it a capital crime to officiate an interconfessional wedding, an act that persisted into the 19th century. It was the product of a campaign by to “de-Catholicize” Ireland that also included a wide variety of other encumbrances upon Catholics, and likewise upon Protestants who failed to shun them — such as disenfranchising Protestants with Catholic wives.

This case, scandalous in its own time, inspired Dublin’s rival broadside publishers to churn out multiple scandal sheets to service the appetite of a voracious public.

Edward Shuel, in “his own” words:


The Genuine Declaration of Edward Shuel

a degraded Clergyman of the Church of Ireland, who is to be Executed near St. Stephens Green, this present Saturday being the 29th of this Instant November 1740. For celebrating the Clandestine Marriage of one Mr. Walker a Protestant, to Margaret Talbot a suppos’d Catholick, on Sunday the 16th of August last, at the World’s End near Dublin.

Good Christians,

I might reasonably have expected my Life wou’d have been saved, having obtain’d a Reprieve; but there being a Point of —– Policy strongly against me, to fulfill which I must Resign this Life sooner than Nature or Accident might have otherwise taken it. I must confess tho’ I strove to bear my Sentence with the utmost Resignation and Christian Patience; yet the imbitter’d Reports of my having two Wives tingeing my Character, affected me in some Measure; and in order to clear such infamous and malicious Aspertions which my Enemies (whom the Origin of Heaven and Earth forgive) which I heartily pray for.

To be Concise, I was Born in the North of Ireland, and bred up in the University of Dublin, where I pursued my Studies, and behav’d as became a Student: Having received Orders, I officiated in the Curacy of Carlingford, St. Michans, Christ Church Dublin, and several others Places; where I behav’d as a Gentleman, and suitable to my Function; untill most unfortunately a vile Woman prostituted herself, and seduced me to her dire Embraces; upon which she Reported that I Married my self to her, which is utterly false; and in Order to acquit my self of that Calumny, of Marrying her my self, and fully to extirpate the publick Notion of my having two Wives, I went to Georges Church near Dublin, and there received the Eucharist that I never was Married or Contracted to any Woman under Heaven, but to the Woman now my unhappy Wife, by whom I have two innocent but unfortunate Babes, of which I got a Certificate from the Minister of said Church, which I gave to his Grace _____ which must be acknowledg’d.

The Nature of the Crime for which I am to undergo this most Publick and scandalous Death, is notorious in this Kingdom. The Manner in which I now a poor and unhappy Sufferer was precipitately led into it is, that on the 16th of August last, one Richard Walker came in Disguise in a poor Habit, under the fictitious Name of Wilson, with one Margaret Talbot and another Woman in Company, who intreated me to Marry them: After I had examined them, and swearing them on the Book, who swore they were Protestants; and I believing Richard Wilson as he called himself, to be a Tradesman of no Fortune or Birth, and in his own Power, and I wanting of Support; my Children having not even Bread to Eat that Night, I unfortunately married them ’tis true, for which I received from Wilson Six Shillings and Six Pence.

But had I surmised he had been the Son of the Man he was, or any other Person of Credits Son, I would not for any Consideration have perform’d the Ceremoney, [sic] Nay, I would have sent to the Parents or next Relation and detected him, and at the same time given up the Woman, to the just resentment of the injur’d Parents.

‘Tis true I was degraded and by that Means render’d incapable of supporting an helpless Family; nor was it in my Power to get a Livelihood by Teaching School, for any attempts I made that way which prov’d Abortive, Work either Mechanical or otherwise I was ignorant of; and by my infirmities render’d if capable not to follow it, to beg publickly I was a shame’d, and very well knew the Amount of Charities to Street Beggars, privately I did beg by Petitions to many Persons whose Grants were small, and that but from a very few; and e’en those few wou’d not a second time assist the Wretched, this was my Case; what I then follow’d to support my Family was the Trade as its so call’d of Marrying; but always took care to examine strictly their Religion, Birth, and parentage, avoiding as much as possible to keep out of Disesteen of Families of Credit, so that it might not lie in their Powers to punish me, or to be griev’d at the undoing of their Children.

Yet all this Precaution has not hinder’d my unhappy Exit, which I hope this Calamity of mine, may be a perpetual Bar to others who are after me, who may be drove to the pressing Wants which I have often struggled with, but may God Support them.

O Lord Strengthen me to bear my Misfortunes, bless my Children and be to them a Father, and give them thy Grace, Comfort my Wife, and be to her a Husband, protect my Friends, and forgive my Enemies, and receive me into thy glorious Abode, and that I may this ‘Day sing Praises and Thanksgiving unto thy holy Name, ad infinitum, Amen.

Edward Shuel.

Note. The above was deliv’d to the Printer hereof, in the Presence of Mr. Nelson and several others, in his own Hand Writing, and Word of Mouth.

Dublin: Printed in Montrath-Street, by Chr. Goulding Book-Seller.


The Last and True Speech of Mr. Sewell

a degraded Clergyman, who was executed last Saturday the 29th of November 1740, at St. Stephen’s-Green, for a clandestine Marriage
delivered by him at the Place of Execution

Countrymen and Christians,

It may be thought, perhaps, that the Length of Time given me by the Clemency of the Lords Justice might turn my Thoughts to poor Transitory, Worldly Affairs, I hope thro’ the Merits of Christ I have not been affected so foolishly, for I will not boast, but will humbly hope, I have so numbered my Days as to apply my Heart unto Wisdom, for the Love of the Lord is the Beginning of it. I return to the Chief Governors of Ireland, the only Return I can make, my Thanks and Prayers for their Benignity in extending my shortning Length of Days to the present, in this World unhappy, but in the World, thro’ Christ, in the future, a Blessed Consummation. — Praise be to God on High Peace and Good Will amongst Men.

I am brought forth this Day, as a Precedent and Example to the Marriage Act, as a Sacrifice to its Rigor, the first, and I hope through the Almighty, the last of the kind that shall hereafter be read of in the Annals of the Holy Catholick and Reform’d Protestant Church; nor is it the smallest Pang that I feel in this solemn Anguish of my Spirit that my Memory shall reflect some Disgrace upon my Reverend, Learned and Pious surviving and future Brethern [sic] of the Ministry. Could Worldly Things now amuse or disturb my Mind, I might also be touch’d with a Sense of the Triumph, my unhappy Catastrophe, must give to the Enemies of the Establish’d Religion; but in this, as in all Things else in Heaven and Earth, the Will of the All Powerful and Eternal Father be done, yet let them consider that the Man, the poor weak Man transgress’d and not the Function; let them think that the Transgressor suffer’d, and with his Blood wash’d away Polution [sic] from the Sanctuary. The blessed Twelve should not be blamed for their fallen Member, nor should the Body of the Clergy be reproached for one wretched, sinful, misguided, but thro’ Grace repentant Brother.

Speeches and Declarations are a Custom I know observed by People in my wretched Circumstances; but this has no Influence on me, I only promulgate these few Lines to prevent many gross and ignorant Pieces of Print which may be ascribed to me, when I am past the Power of contradicting such Falshoods. [sic] I am, bless’d be my Saviour, in universal Charity with the World, and therefore neither Bitterness nor Untruth shall fall from me: I am convinced, as my Condition is particular and my self remarkable, the World will be desirous to know what I may say either in defence of myself, or Attenuation of the Crime for which I die; I will therefore briefly go thorough the Heads of my Accusation and Conviction.

I confess that I did solemnize a Marriage between Walker and Talbot, but at the same Time I declare I did not suspect that he was any other than an ordinary working young Man, and not the Son of one of so much Consequence in the City. I had their Oath of Secrecy and an Assurance of their both being of the Protestant Religion, but he appear’d as an Evidence against me; Heaven forgive him and me, and for this Crime I lay down my Life. Were it worth a Moment of my little remaining Time, I might here controvert Margaret Talbot’s Marriage not within the Act, a Point of Law which I did but faintly Urge upon my Tryal: I might have pleaded the Inefficacy of my Degradation, the Indelibility of the Clerical Character, Validity of a Sentence pass’d by a Layman on a Person Canonical, and have spoken to an Appeal which I always apprehended was lodg’d in order to the Subversion of the Sentence of Degredation; [sic] but alas! they are Things below my Notice, for my Mind is above, and perhaps were I to illustrate on these Particulars, it may be construed either Indiscretion or Malice in a Dying Clergyman, and in my last Moments, what ever my past Life may be, I would not give Scandal to the Divine Function.

I acknowledge that I have been a frail weak Man, and that my Transgressions are numberless, and that I have done several unwarrantable and idle Things, inconsistant [sic] with the Character of a Gentleman, a Scholar, and a Divine, but let Man deal with me as I hope to be dealt with by my Heavenly Father, who will thro’ the Merits of Christ cast a Veil over my Sins, and blot out my Transgressions for ever.

I would Recommend to all Parents, with my dying Breath, a Resolution of never forcing the Dispositions of their Children, or thrusting them into a College with a View of the Pulpit, till they, if they are capable, or some Person of sound Judgment shall thoroughly examine if they have such Qualities, and Propensions as may fit them for such Office. On this Rock many Split, too many, and after some Years of Study, they come forth either contemptible for their Ignorance, or abhorr’d for their Vice. But, suppose them never so well endowed for the Ministry, the miserable Provision made for the Inferior Clergy, still more miserable by their Number, and their generally ill-judg’d Early Marriages throws them upon things which after endanger their Bread, and sometimes their Lives, of which I am a wretched Instance.

I beg that my wretched Family may not be Reproached with the Ignominy of my Death, to which I submit with Meekness, Resignation, and Resolution, hopeing [sic] that my Sufferings shall be Sanctified to me, and thro’ this Gulf of Darkness a Passage to Eternal light and Joy thro’ the Merits and Mediations of Jesus Christ my Saviour, to whom, with the Father and Holy Ghost be given all Praise and Worship now and ever more. Amen.

An Hymn
Compos’d by the Reverend Mr. Sewell, while under Sentence in Newgate, and sung by him in the Coach as he went to Execution.

Oh Fountain of Eternal Light!
Oh glorious Lord of Host!
With Mercy view my wretched Plight,
Oh spare me or I’m lost.

Grim Death in all it’s [sic] Horrors dress’d
Is ever in my View,
Where is my Hope, now I’m oppress’d?
My only Hope is You.

Injutious Man has laid the Snare,
I’m fallen, alas, I’m caught,
Man drink my Blood, but Father spare
The Soul thy Son has bought.

And suffer not my Blood to reign
O’er his Posterity,
Oh God wash out the Scarlet Stain
And cleanse both him and me.

From Vengeance turn thy gracious Eye,
And see my throbbing Heart,
That melts at thy Divinity,
And feels and heavenly Smart.

And thou, O Son, who didst sustain
A Cross and shameful Death,
Who suffering more than mortal Pain
Groan’d out thy dying Breath.

Sustain me in the Hour of Death,
In the disgraceful Cart,
And when the Halter stops my Breath,
Save my Immortal Part.

Thou dost not judge like wretched Man,
For shoudst thou be severe
And all the Faults of Mortals scan,
Who cou’d thy Judgments bear.

Receive me Blessed Trinity,
Receive my Soul in Grace,
And in thy Kingdom let me be
When Times and Worlds shall cease.

DUBLIN, Printed by Edward Jones in Dirty-lane.

Part of the Themed Set: Sexual Deviance.

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Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Execution,Hanged,History,Ireland,Milestones,Public Executions,Religious Figures,Sex

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1747: Thomas Fuller, Hawkhurst Gang smuggler

Add comment November 16th, 2016 Headsman

On this date in 1747, a Tyburn hanging dispatched (along with three other, unconnected criminals) Thomas Fuller, member of one of 18th century England’s most notorious gangs.

Named for their home village, the Hawkhurst Gang dominated the trade in contraband in England’s south from Doset to Kent in the 1730s and 1740s, with the arms and ill-temper to trade blow for blow with crown agents who rightly learned to fear the syndicate. In the process that gang contributed several members to Blighty’s gibbets for various deeds of spectacular violence — gentlemen whom this site will revisit in future posts.

Our Mr. Fuller, however, was by the evidence laid at his trial a mere grunt, and his prosecution targeted the gang’s more routine forms of outlawry.

Despite the smuggler’s romantic knight-errant literary profile — Rhett Butler, Han Solo — it was for 18th century England a vast economic sector organized on a nearly industrial scale. Excise duties imposed on in-demand imports, notably tea but also spirits, tobacco, sugar, and other indulgences, made these articles so profitable to move illegally that it’s a fair bet that they were predominantly consumed as contraband. We have seen in these pages, from a post laid 30 years to the future, that tea smuggling was so commonplace that respectable country parsons made no pretense about securing their refreshments on the black market.

It was enterprises like the Hawkhurst Gang that delivered the leaf to its market.

Exploiting the long coastline, from which skiffs could scuttle to rendezvous with channel shipping, the gang built a storage infrastructure, supply chains, distribution networks. We have a taste of how this worked from the words of the attorney general at Fuller’s trial:

About the Beginning of August last the Prisoner at the Bar, with a great Number of other Persons, all of them on Horseback, arm’d with Fire-Arms, the Prisoner particularly, among the rest, with a Carbine or a Blunderbuss, together with the rest, was on Horseback; and they were then accompanied with several drove Horses, and upon the Horses they rode, as upon those they drove, they carried great Quantities of Tea in Oil-skin Bags, and Half-Anchors, peculiar to those Sort of People; a Peculiarity it is which no Goods besides is carried, in order to elude Justice.

Multiple witnesses in this case described how widespread the practice is; they were needed because the crown case had an evidentiary weakness: everyone knew that posses toting oilskin bags were tea smugglers, but the witnesses had not literally seen the defendant reveal the contents of his oilskin bags. Here is a customs agent named Walker explaining the situation:

Sollicitor-General. What is the Practice of Smugglers in carrying off their Goods?

Walker. Such time as I have been an Officer, which has been ten Years, I never took no Tea in my Life upon Horses, but what was in Oil-skin Bags. Wherever I had a Suspicion, and found Oil-skin Bags, I always found Tea.

Q. How many may you have found?

Walker. Thousands of Bags; when they are in a Hurry, and taken from the Sea, they are in Oil-skin Bags; but when they carry them up into the Country, they carry them in Sacks; there is never a Gang that comes from the Sea-side, but rides with something upon their Horses.

Later, a different officer made an equally important observation about the well-known Hawkhurst Gang: “we never attack’d them, because we were over-power’d.” The Hawkhurst Gang was hardly alone in this. As readily as Britons embraced their untaxed smuggled tea and brandy, the underworld firms that delivered them were growing frighteningly in size and propensity to violence during the 1740s.

Accordingly, they were met by a concerted crackdown by authorities. (And, perhaps more helpfully, a reduction in the tea tax.) In 1745, Parliament had stacked upon the century’s vast allotment of property crimes fresh capital offenses for armed smuggling — no matter whether those arms were actually used. For the case at hand, there was no need to link Fuller to a homicide or the like: only to show that he participated in the normal activities of the Hawkhurst Gang.

As was often the case, it was left to the likes of the Ordinary of Newgate to express in words the ideological message of smugglers’ execution. He did so with great vehemence (but less persuasive effect) when Fuller went to hang:

The common People of England in general, fancy there is nothing in the Crime of Smuggling, but cheating the King of a small Part of his Revenue; and that there is no Harm done to the Community in general, or to the Properties of particular Persons: They think they have a Right to shun, as much as possible, paying any Duty for their Goods, and what they get by their Dexterity in that Manner is honest Gain, to be enjoyed as the Fruits of their Industry and Labour; but a little Consideration will teach them to think otherways, and convince them, that Smuggling is in itself a Crime of worse Consequence to Society, and more hurtful to particular Persons, than many other Crimes which Custom has taught them to look upon with great Abhorrence.

The Prejudice done the Society, and the Damage received by Individuals, next to the express Declaration of the divine Will, are the best Marks by which we can judge of the Degree of Immorality in any Action whatever; and if we judge of their Crime of Smuggling by this Criterion, we shall find it a Sin of deep Dye, and to deserve the Resentment of every Man, who pretends to any Share of moral Honesty.

In the first Place, the fair Trader is injured in his Property by their kind of illicit Trade: He pays honestly the Duties and Taxes charged upon his Commodity at his Entry, which in some Cases amounts to near as much as the prime Cost of his Goods at the first Market; this he must charge upon the Consumer, with a living Profit for his Riske, Trouble and Out-lay of his Money; but the Smuggler, who buys his Goods at the same Market, and perhaps at a lower Price, as he chuses the worst Sort upon running them, is able to undersell the fair Dealer at least one Third, and for that Reason is, by the greedy Retailer, preferred, though the Commodity he deals in is worse in Quality. Is not this robbing the honest Merchant of his real Profit, and forcing him either to sell below what his Goods cost, or leave off a Branch of Trade, to which perhaps, he has served an Apprenticeship, and built extraordinary Hopes upon, of being a Support to him or his Family? I appeal to every thinking Man, if there is any material Difference betwixt ruining a Man by robbing him on the Highway, and this Method of beggaring him and his Family by Smuggling? If there is any Difference in Point of Immorality, it must lie on the Side of Smuggling, as the Evil attending it is more universal, and reaches farther. Few Men carry their All in their Pocket; and not one Man in a Thousand is ruined, by what is taken from him by the Highwayman: But there is not a Ship of Goods run upon our Coast but injures Hundreds; perhaps not immediately, but in Process of Time it certainly has that Effect. Not only the Parts adjacent, and the Dealers near the Smuggling Port suffer by this Means, but the most distant Corners of the Kingdom are affected by it in a few Weeks, in Proportion as it lowers the Price of the Commodity, and diminishes the publick Revenue. But it is this lowering the Price which is the great Temptation; the Cheapness of the Smugglers Goods tempts the Retailer to prefer him to the fair Trader, from a mistaken Notion that it is his peculiar Interest to buy as cheap as he can, and consequently he encourages, conceals, and connives at all the Villainies of this Set of People. But if such a Retailer should give himself Time to think, I believe he might easily persuade himself, that he is robbing Peter to pay Paul; that what he gets upon one Article, he loses on another.

It is evident, Taxes must be paid to support the Expences of the Government; and that every Subject, as he enjoys the Benefit of Government, is obliged to contribute his Proportion to that Expence. It is likewise evident, that if the Duties laid upon one Commodity does not answer the Sum charged upon it, that the Deficiency must be charged upon some other. Thus: Suppose the Duties charged upon Teas, Brandy, &c. falls short 100,000 l. of the Sum allotted to be raised upon these Commodities, is it not evident that this 100,000 l. must be charged upon Soap, Candles, Leather, Sand, or some other Branch? Suppose then a Dealer, by dealing with the Smuggler, saves about half the Duty payable to the King, or, which is the same thing, buys it so much cheaper from him than he would from the fair Trader, and that his Gains upon this Article amounts to ten or twenty Pounds a Year, I mean his illicit Gains, or the Difference between the trading Price and smuggling Price; now, as it is evident, that every twenty Pounds gained this Way lessens the Revenue forty Pounds, he or somebody else must re-place this Sum in the Treasury, by a Tax upon another Commodity; from whence it is as clear as the Sum; that instead of gaining twenty Pounds by his smuggling Dealer, he really loses twenty Pounds upon the Ballance. I own, he may not chuse to deal so largely in these other Articles, as to bring it to this Ballance, but some of his Neighbours may. And as much Money as they pay towards making up this Deficiency, occasioned by the Smuggler; just so much does the Person, who deals with such People, rob out of the Pocket of his Neighbour.

If I was to charge several People, who make no scruple for the Lucre of Profit, to buy Goods which they know to be run, with as foul a Crime as Robbery, or even that of cheating their Neighbour, they would be apt to treat me with some Severity, and think I much injured their Reputation: Yet, upon serious considering the Circumstance attending this Practice, they must at last own, they deserve no better Character than that of a Highwayman and Cheat.

Thus it is plain that Smuggling is a Crime of the most dangerous Nature, both against the Community and private Persons, and as such subject to the Divine Displeasure, as much as any other Felony. It is not only a Sin destructive to Society, and contrary to human Laws enacted for the Peace, Protection, and Subsistence of the State, but is a Sin against the literal Precepts, as well as the Meaning and Intent of Christianity: We are commanded Obedience to Government for Conscience sake; we are commanded to pay Tribute to whom Tribute is due. Our Saviour gave that Answer to the Jews, though that People had as much Reason as any People on Earth, to look upon the Romans as Tyrants, and having no Right to that Tribute, but what they founded upon the superior Force of their Arms; but how much stronger is the Christian Obligation, to pay towards the Support of a Government established? Not by Force or Fraud, butby the Consent of a free People, and conducted by all the Arts of prudent Policy conducing to their Happiness, both in their Religious and Civil Capacities.

If we consider ourselves as several Members united in one Society for our mutual Peace and Protection, we must conclude it the highest Piece of Injustice in us to refuse or evade by Force or Fraud to pay our Contingent of the Expence incurred for such valuable Purposes, as the securing our Religion and Liberties.

If the Government was to make any Infringement upon the Properties of Individuals, or aim at lessening the Freedom of the Constitution, how would the Smuggler and his Friends rail and exaggerate the mighty Grievance? Yet at the same Time grudge to pay their Quota, and take all Means in their Power by Deceit or Violence to cheat the Government of what enables them to preserve Order and Peace in the Community.

These Considerations alone are sufficient to awaken the Conscience of the Guilty in this Way, and to hinder us from affording them an unseasonable Compassion; but there yet remains some other Circumstances to blacken the Blackness of their Crime. These are the Manner in which they go about to execute their Smuggling Purposes.

They go in Companies together, armed with all Manner of offensive Weapons, and escorted by the most profligate Wretches they can pick up: They employ none in their Service but Fellows who have given Instances that their Consciences are Proof against all Checks of Morality, Religion or Law, and whose Courage is equal to the most daring Attempts upon the Peace of the Society. By these Men Perjury amongst others, is looked upon as a venial Transgression, beneath the Conscience of a Gentleman Smuggler to be troubled with. Murder, Rapes, and Robberies are with them but as frequent, as they conduce to their Interest. Their Character, their Cruelty, and Numbers has given them another Source of Encouragement, and a new set of Allies. For Numbers of the Country People who perhaps abhor their Practice, from the Dread they have justly conceived of their Power, find themselves obliged, tho’ against their Wills, to connive at or conceal, and even to assist them, and when they are not willing, they are compelled to lend their Aid. For when a Smuggling Vessel touches on the Coast, those concerned or their Associates meet at a Place of Rendezvous, and press all the Horses they meet with for their Service, which they sometimes return, and sometimes not, just as their Business requires, and the Owners dare not complain for fear of having their Throats cut, or their Houses set on Fire: Not only single Houses, but whole Villages and trading Boroughs are kept in this slavish Dependence upon them, out of real Apprehension of Danger, without any Regard to Profit in dealing with them.

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1743: James Hunt and Thomas Collins, Pepper-Alley sodomists

Add comment August 25th, 2016 Headsman

This date’s post arrives via Rictor Norton‘s rich Homosexuality in Eighteenth-Century England sourcebook. We have cited this page before, notably in connection with London’s “molly houses”, a subject upon which Norton literally wrote the book.

His online “Sourcebook” compiles a vast trove of primary records capturing the prevailing views of early modern England’s sexual dissidents. Many of these records are legal proceedings, though most of those do not end at the gallows. Whatever their various fates, the misfortune to come under the court’s scrutiny preserves for us a snapshot of their circumstances.

Hunt and Collins were caught in a liaison at a house on Pepper-Alley, which once gave access to one of London’s innumerable little stairways into the Thames from which watermen would ferry passengers across and along the river.

To the frustration of the Ordinary they persistently denied it. Indeed, Hunt, a 37-year-old barge builder and “one of the most unaccountable Men that was ever under the like Misfortune” insisted quite violently that he had been stitched up by perjuring witnesses. As an Anabaptist, the threats to his soul that the C-of-E prelate delivered did not much bother him.

“He was one of the most morose, il-natur’d, surly Creatures that could breathe, and was never at Peace one hour, but continually railing against his Prosecutors,” we find. And even when an Anabaptist pastor was brought in to persuade him, “he answered, ‘Say no more to me about it; I’ll forgive no Body, for I’ll die harden’d.’ — This was a most shocking Speech for a Man who had but a few Hours to live; but he continued to the last Moment in the same Manner.”

A bit more polite about it was Thomas Collins, who had returned to England after spending a career as a soldier in the army of Emperor Charles VI. Still, Collins would not own any actual rendezvous with Hunt, saying only that the two had met by accident on Pepper-Alley and gone to the “Necessary House” (an outdoor toilet) where they “had not been there much above a Minute before two Men came and said they were Sodomites, and pull’d him off the Seat, and turned his Pockets inside out” but finding no money stomped off, complaining “here is no Feathers to pluck.”

The Ordinary was highly dissatisfied with their behavior.

Where two Men who were convicted of such an attrocious [sic] Crime, upon the fullest Evidence that was ever given in any Court of Justice, should prevaricate so much, and behave in so indecent a Manner as they (especially Hunt) have done ever since their Condemnation; the World must be left to judge, whether they were Innocent or Guilty.

Held in Southwark Gaol, they were executed at Kennington Common alongside three other men and a woman (crimes: housebreaking, returning from transportation, murder, murder) where both “continued quite obstinate” with Hunt even refusing to kneel for prayers. While Hunt had friends or money enough to have a coach ready to carry his corpse away from the surgeons who haunted hang-days in search of prey for their anatomy theaters, one final posthumous indignity still awaited Mr. Collins — described by the Ipswich Journal in its September 3 edition:

LONDON, August 27.
The Body of Thomas Collins, executed on Kennington-Common for Sodomy, that was carried off by the Surgeons, being, on Examination, found to be infected with the Venereal Disease, was carried back to the Gallows and there left naked.

Read the full account at Rictor Norton’s site here, or peruse the rest of the Sourcebook including his Grub Street resources on all manner of commoner life and literature (LGBT-related and not) for the 18th century British.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Death Penalty,Disfavored Minorities,England,Execution,Hanged,History,Homosexuals,Mass Executions,Public Executions,Sex

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