1749: Bosavern Penlez, whorehouse expropriator

1 comment October 18th, 2012 Headsman

To the memory of the unfortunate
BOSAVERN PEN LEZ
Who finished a Life, generall well reported of,
By a violent and ignominious Death.
He was the Son of a Clergyman,
To whom he was indebted for an Education, which he so wisely improv’d
As to merit the Love and Esteem of all that knew him.
But actuated by Principles, in themselves truly laudable
(When rightly directed, and properly restrain’d)
He was hurried by a Zeal for his countrymen,
And an honest Detestation of Public Stews
(The most certain Bane of Youth, and the Disgrace of Government)
To engage in an Undertaking, which the most Partial cannot defend,
And yet the least Candid must excuse.
For thus indeliberately mixing with Rioters, whom he accidentally met with,
He was condemn’d to die:
And of 400 Persons concerned in the same Attempt, he only suffer’d,
Tho’ neither Principal, nor Contriver.

How well he deserved Life, appears
From his generous Contempt of it, in forbidding a Rescue of himself;
And what Returns he would have made to Royal Clemency,
Had it been extended to him, may fairly be presumed
From his noble Endeavours to prevent the least Affront to that Power,
Which, tho greatly importun’d, refused to save him.

What was denied to his Person, was paid to his Ashes,
By the Inhabitants of St. Clement Danes,
Who order’d him to be interr’d among their Brethren,
Defray’d the Charges of his Funeral,
And thought no Mark of Pity or Respect too much
For this Unhappy Youth,
Whose Death was occasioned by no other Fault
But a too warm Indignation for their Sufferings.

By his sad Example, Reader be admonish’d
Of the many ill Consequences that attend an intemperate Zeal.
Learn hence to respect the Laws — even the most oppressive;
And think thyself happy under that Government
‘That doth truly and indifferently administer Justice,
‘To the Punishment of Wickedness and Vice,
‘And to the Maintenance of God’s True Religion and Virtue.’

On this date in 1749, Bosavern Penlez — surely one of the all-time great names to hang on a gibbet — was put to death to the sorrow of all of England. You know how they say that horse thieves are not hanged for stealing horses, but that horses might not be stolen? Bosavern Penlez was hanged that whorehouses might not be torn down by mobs of angry sailors.

(Fourteen other less remarkable folk were hanged for less remarkable crimes at the same time. Just another mass execution day at Tyburn.)

A petition of over 300 St. Clement Danes residents for sparing the two men condemned in the riots. (From the General Advertiser, Oct. 11, 1749.) John Wilson received the solicited pardon; Bosavern Penlez did not.

On the first three days of July in 1749, the Strand in London saw a running series of riots after a mob of angry sailors descended on a whorehouse where some of their brethren had been robbed and abused. Those sailors pulled down that bordello and then moved on to the nearby bawdy-houses, eventually also ransacking the Star Tavern owned by a character named Peter Wood.

Gendarmes had to be called out to control the situation (and this done without proper legal authorization), but somehow not the mob’s ringleaders nor its inciters nor its most enthusiastic wreckers wound up in legal jeopardy.

Only two faced death: John Wilson, a journeyman shoemaker. And Bosavern Penlez, a young wig-maker who’d been out drinking in the neighborhood. And both of these seemed to have just been caught up accidentally or opportunistically in events.

They were comprehensively damned by the testimony of Peter Wood, the aggrieved procurer of Star Tavern, and his wife — disreputable people of whom a neighbor remarked, “I would not hang a dog or a cat upon their evidence.” But then, besides the eyewitness testimony, Bosavern Penlez was also apprehended with a bundle of linens he had evidently liberated from the Wood’s devastated cathouse, linens whose source he unconvincingly claimed not to remember. So the picture one has is that Wilson was perhaps little more than a passerby … but Penlez was a distinct, if minor, participant who could more or less be shown to have got himself tanked and treated the mayhem like it was a gift certificate to Bed, Bath & Beyond.

Not exactly saintly but also not a cardinal sin. Public sentiment for these fellows’ clemency was intense, starting right with the jury that convicted them but also recommended mercy.

Only Wilson was spared, however.

According to the Newgate Calendar, George II was mightily disposed to pardon both, but justice John Willes, who heard the case personally, vigorously opposed the royal mercy for “no regard would be paid to the laws except one of them was made an example of.”

Penlez, in the end, was the one made example of.

His hanging this date in 1749 would bleed into an election held later that same autumn, almost dealing a serious setback to the sitting Pelham government. Those events are detailed in Malvin Zirker’s introduction to this out-of-print volume.

And the resultant fusillade of pamphlets and public protests asserting a maximalist take on Penlez’s purity induced novelist Henry Fielding to enter the fray with a manifesto of his own strongly supporting the young man’s execution.

Readers of Fielding’s fiction might start at the rigid Toryism of his editorial line.

Penlez’s defenders couldn’t really argue that he was completely innocent. Still, they contested the justice of the death penalty for such a character whose involvement in the whole thing was so tertiary and happenstance, not to mention influenced by drink. Doubly so that it was attested by the word of such a villain as Peter Wood. In the words of one pro-Penlez polemic, Wood would “run at every one, like a mad Dog, … indifferent who it was he hang’d by his Oath.”

Fanny Hill author John Cleland entered the fray on the side of the accused; his The Case of the Unfortunate Bosavern Penlez is aghast at “shedding the Blood of this young Man for the Example-sake … such a Severity being too much for the Nature of the Guilt actually chargeable on him, [and] will serve rather to confound and destroy all Ideas of Right and Wrong.”

Penlez was convicted not as a thief — which charge would have given the jury leave to find that the value of his linens amounted to less than the threshold necessary to hang him — but under the Riot Act which directly mandated death for “unlawfully, riotously, and tumultuously assembled together, to the disturbance of the publick peace.” Wood’s eyewitness testimony to the effect that Penlez (and Wilson, too) smashed up windows and furniture in his house and threatened him was essential to establishing a part in the tumultuous assembly.*

As this level of guilt was popularly doubted, our friend Henry Fielding — himself the very magistrate** who had engineered the suppression of the disturbance, having returned on the third day of it from a weekend away from London — took up his pen post-hanging to support the government’s handling of Penlez from arrest all the way to the scaffold. His A True State of the Case of Bosavern Penlez produces the witness accounts sworn before him as magistrate during the riots themselves, and reproves those Penlez supporters whose anger at his execution made the “malefactor” into “an object of sedition, when he is transformed into a hero, and the most merciful prince who ever sat on any throne is arraigned of blameable severity, if not of downright cruelty, for suffering justice to take place.”

If, after perusing the evidence which I have here produced, there should remain any private compassion in the breast of the reader, far be it from me to endeavour to remove it. I hope I have said enough to prove that this was such a riot as called for some example, and that the man [Penlez] who was made that example deserved his fate. Which, if he did, I think it will follow, that more hath been said and done in his favour than ought to have been; and that the clamour of severity against the government hath been in the highest degree unjustifiable.

* The Ordinary of Newgate reported that Penlez, who long remained cagey on the point, admitted in the end entering the bawdy-house during the riot, but disavowed any attack upon its owner. Wilson, for what it’s worth, always denied having entered the house and insisted Wood had misidentified him.

** Henry Fielding was the half-brother of magistrate and policing pioneer John Fielding. The Fieldings’ mutual roles in the creation of London’s first professional investigators to supplant the problematic “thief-taking” system of private, rewards-driven prosecution, is the subject of The First English Detectives: The Bow Street Runners and the Policing of London, 1750-1840.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Pardons and Clemencies,Public Executions,Rioting,Wrongful Executions

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1659: The first two Boston Martyrs

3 comments October 27th, 2010 Headsman

October 27 is International Religious Freedom Day, dating to the execution this date in 1659 of Quakers Marmaduke Stephenson and William Robinson on Boston Commons. They were two of the four Boston Martyrs, Quakers whose necks were stretched in Massachusetts for failing to either keep quiet or stay out of town.

(Fellow Quaker Mary Dyer, perhaps the more famous martyr, was led out to execution with Stephenson and Robinson but reprieved at the last moment. Her time was still some months away.)

As Puritans had fled C-of-E persecution earlier in the 17th century, Quakers migrated to the New World with Cromwell‘s Puritan ascendancy.

And in the Massachusetts Bay Colony, the old dissidence had become the new orthodoxy — as described by the (obviously partisan) Horatio Rogers. (Via)

In June, 1659, William Robinson, a merchant of London, and Marmaduke Stephenson, a countryman of the east pan of Yorkshire, “were moved by the Lord,” in Quaker phrase, to go from Rhode Island to Massachusetts to bear witness against the persecuting spirit existing there; and with them went Nicholas Davis of Plymouth Colony, and Patience Scott of Providence, Rhode Island, a girl of about eleven years of age … During their incarceration Mary Dyer was moved of the Lord to go from Rhode Island to visit the prisoners, and she too was arrested and imprisoned. On September 12, 1659, the Court banished the four adults from Massachusetts upon pain of death

… On October 8, within thirty days of her banishment, Mary Dyer with other Rhode Island Quakers went to Boston, …where she was again arrested and held for the action of the authorities. Five days later William Robinson and Marmaduke Stephenson, who had been travelling about spreading their doctrines through Massachusetts and Rhode Island since their release from prison, also went to Boston to look the bloody laws in the face, in the words of the Quaker chronicler; and they too were arrested and cast into prison. …

The issue was now clearly made between Quaker and Puritan. The Quaker defied the unjust Puritan laws, and dared martyrdom. Dare the Puritan authorities inflict it?

On October 19 the three prisoners were brought before Governor Endicott and the Assistants, and demand having been made of them — Why they came again into that jurisdiction after having been banished from it upon pain of death if they returned? — they severally declared that the cause of their coming was of the Lord and in obedience to him. The next day they were again brought before the magistrates, when the Governor called to the keeper of the prison to pull off their hats, which having been done, he addressed them substantially as follows: “We have made many laws and endeavored in several ways to keep you from among us, but neither whipping nor imprisonment, nor cutting off ears, nor banishment upon pain of death, will keep you from among us. We desire not your death.” Notwithstanding which, he immediately added: “Hearken now to your sentence of death.” … When the Governor ceased speaking, however, Stephenson lifted up his voice in this wise: “Give ear, ye magistrates, and all who are guilty, for this the Lord hath said concerning you, who will perform this promise upon you, that the same day that you put his servants to death shall the day of your visitation pass over your heads, and you shall be cursed forevermore, the Lord of Hosts hath spoken it; therefore in love to you all take warning before it be too late, that so the curse might be removed; for assuredly if you put us to death, you will bring innocent blood upon your own heads, and swift destruction will come upon you.” …

Great influence was brought to bear to prevent the execution of the sentences. Governor Winthrop of Connecticut appeared before the Massachusetts authorities, urging that the condemned be not put to death. He said that he would beg it of them on his bare knees that they would not do it. … Governor Endicott, the Rev. John Wilson, and the whole pack of persecutors, however, seemed to thirst for blood; and it was determined that somebody must die.

The 27th of October, 1659, was fixed for the triple execution and elaborate preparations, for those days, were made for it. Popular excitement ran high, and the people resorted to the prison windows to hold communication with the condemned, so male prisoners were put in irons, and a force was detailed, in words of the order, “to watch with great care the towne, especially the prison.”…

The eventful day having arrived, Captain Oliver and his military guard attended to receive the prisoners. The marshal and the jailer brought them forth, the men from the jail, and Mary Dyer from the House of Correction. They parted from their friends at the prison full of joy, thanking the Lord that he accounted them worthy to suffer for his name and had kept them faithful to the end. The condemned came forth hand in hand, Mary Dyer between the other two, and when the marshal asked, “Whether she was not ashamed to walk hand in hand between two young men,” for her companions were much younger than she, she replied, “It is an hour of the greatest joy I can enjoy in this world. No eye can see, no ear can hear, no tongue can speak, no heart can understand, the sweet incomes and refreshings of the spirit of the Lord which now I enjoy.” The concourse of people was immense, the guard was strong and strict, and when the prisoners sought to speak the drums were caused to be beaten.

The method of execution was extremely simple in those days. A great elm upon Boston Common constituted the gallows. The halter having been adjusted round the prisoner’s neck, he was forced to ascend a ladder affording an approach to the limb to be used for the fatal purpose, to which limb the other end of the halter was attached. Then the ladder was pulled away, and the execution, though rude, was complete.

The prisoners took a tender leave of one another, and William Robinson, who was the first to suffer, said, as he was about to be turned off by the executioner, ‘I suffer for Christ, in whom I lived, and for whom I will die.” Marmaduke Stephenson came next, and, being on the ladder, he said to the people, “Be it known unto all this day, that we suffer not as evil-doers, but for conscience sake.”

Next came Mary Dyer’s turn. Expecting immediate death, she had been forced to wait at the foot of the fatal tree, with a rope about her neck, and witness the violent taking off of her friends. With their lifeless bodies hanging before her, she was made ready to be suspended beside them. Her arms and legs were bound, and her skirts secured about her feet; her face was covered with a handkerchief which the Rev. Mr. Wilson, who had been her pastor when she lived in Boston, had loaned the hangman. And there, made ready for death, with the halter round her neck, she stood upon the fatal ladder in calm serenity, expecting to die….

Just then an order for a reprieve, upon the petition of her son all unknown to her, arrives. The halter is loosed from her neck and she is unbound and told to come down the ladder. She neither answered nor moved. In the words of the Quaker chronicler, “she was waiting on the Lord to know his pleasure in so sudden a change, having given herself up to dye.” The people cried, “Pull her down.” So earnest were they that she tried to prevail upon them to wait a little whilst she might consider and know of the Lord what to do. The people were pulling her and the ladder down together, when they were stopped, and the marshal took her down in his arms, and she was carried back to prison. . .

It was a mere prearranged scheme, for before she set forth from the prison it had been determined that she was not to be executed, as shown by the reprieve itself, which reads as follows: “Whereas Mary Dyer is condemned by the Generall Court to be executed for hir offences, on the petition of William Dier, hir sonne, it is ordered that the sajd Mary Dyer shall have liberty for forty-eight howers after this day to depart out of this jurisdiction, after which time, being found therein, she is forthwith to be executed, and in the meane time that she be kept a close prisoner till hir sonne or some other be ready to carry hir away within the aforesajd tyme; and it is further ordered, that she shall he carrjed to the place of execution, and there to stand upon the gallowes, with a rope about her necke, till the rest be executed, and then to returne to the prison and remajne as aforesaid.

Mary Dyer once again returned from exile the following year, and was hanged in June 1660.

The hours were numbered, however, for New England Puritans in their most cartoonishly obnoxious form. Upon the restoration of the monarchy in the mother country, an edict forbidding the death penalty for Quakerism closed the doors to the Boston Martyrs club.

An Account of the Sufferings of Marmaduke Stephenson is available free on Google books.

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