1592: Thomas Pormort, prey of Richard Topcliffe

Add comment February 20th, 2017 Headsman

Thomas Pormort (or Pormant) was hanged on this date in 1592 on a gibbet erected adjacent to a Paul’s Churchyard haberdashery whose proprietor had once entrusted the condemned Catholic priest with his confession.

Pormort was a priest trained on the continent who returned to native soil about the beginning of 1591 to brave the Elizabethan persecution, but managed only a few months in the field before his arrest.

He had the misfortune to face the personal interrogation of the vindictive inquisitor Richard Topcliffe, notorious even in his own day for his gleeful sadism. Topcliffe seems not to have even feigned a politic distaste for the breaking of bones and and of men and made a point to attend the executions his offices effected, including Pormort’s.

Now, back in the day such grim ministers of state could be empowered to toy with their prey in their very own lairs. Even the sainted Thomas More had kept a personal torture chamber at his own home.

So it was with Topcliffe, who inflicted his hospitality on Pormort in the intimacy of his own place, where he apparently had the facilities necessary to put a prisoner to the rack. According to Portmort, the torturer had another intimacy besides during their pain-wracked discourse, taunting or boasting to his victim of carnal indulgences he enjoyed from the queen herself. Pormort would allege at the bar that

Topcliffe told [Pormort] that he was so familiar with her Majesty that he many times putteth [his hands] between her breasts and paps and in her neck.

That he hath not only seen her legs and knees [but feeleth them] with his hands above her knees.

That he hath felt her belly, and said unto her Majesty that she had the softest belly of any woman kind.

That she said unto him, ‘be not these the arms, legs and body of King Henry?’ To which he answered: ‘Yea.’

That she gave him for a favour a white linen hose wrought with white silk, etc.

That he is so familiar with her that, when he pleaseth to speak with her, he may take her away from any company; and that she is as pleasant with everyone that she doth love.

This Penthouse letter for the queen has no factual plausibility, and nobody thought so in 1592. Whether the priest’s report of its utterance is an actual glimpse into a seditious perversion of the torturer, or a desperate attempt by a doomed man to smear his persecutor, Topcliffe took the matter seriously enough that he made Pormort stand on the ladder under his noose in freezing cold for two hours on execution day while Topcliffe browbeat him to withdraw the allegation. (Pormort didn’t budge.)

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1903: Amelia Sach and Annie Walters, the Finchley baby farmers

Add comment February 3rd, 2017 Headsman

On this date in 1903, the Finchley baby farmers hanged together at Holloway Prison.

Though “both repulsive in type” according to the cold notes of their hangman, Amelia Sach and Annie Walters were plenty appealing to young ladies in a certain condition.

Sach’s lying-in house in the north London suburb was a destination of choice for inconveniently pregnant women for a couple of years at the dawn of the 1900s, and there they could deliver discreetly and pay a surcharge for adoption services to place the child with a family.

Except, as the mothers must have understood, few if any of those children were destined to find a doting parent.

The baby farming business stood as cover for post-partum abortion in a society exacting penalties legal, medical, and social against single motherhood and terminated pregnancies alike. The solutions an unexpectedly pregnant maid might turn to were all desperate and unappealing, and in the absence of better provisions for orphans and mothers a significant pattern of infanticide was baked into Victorian* England.


Risky home-brew abortifacients like pennyroyal were another option.

The £25-30 donative solicited of mothers by the Goodwife Sach was not enough to maintain the little darlings surrendered to her care: only enough to ease the conscience to forgetfulness. After delivery under Sach’s eye, the infants would be spirited away by Annie Walters for “adoption.” In her hands, they’d be chloroformed or strangled.

Nobody knows how many souls who might have grown up to serve as cannon meat at the Somme were destroyed untimely by our subtle duo; in the end, they were only tripped up by Walters’s surprisingly careless decision to take one of her charges home — where a neighboring, and nosy, police officer noticed it before it mysteriously disappeared.

Their joint death was the most recent occasion Great Britain carried out a double hanging in which both of the executed were women. For a novelization of the case, pick up Nicola Upson’s Two For Sorrow (review).

* For gratification of the pedants: Queen Victoria died in 1901.

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1697: George Seager, deserter and burglar

Add comment January 27th, 2017 Headsman

This date in 1697 marked the end for a pathologically burglarious ex-soldier.

As heavily as we exploit it, the Newgate Calendar can be a bit shaky when it comes to the finer points of historicity. However, the very thoroughly researched capitalpunishmentuk.org does situate a half-dozen hangings at Tyburn on this same date — all names unknown. One of them, we think, was our friend George Seager.


GEORGE SEAGER

A Rogue of a Soldier, who deserted from Johnny Gibson’s Regiment and turned Burglar. Executed 27th of January, 1697

GEORGE SEAGER, aged twenty-six years at the time of his death, was born at Portsmouth, in Hampshire, where, his father and mother dying, his sister took care of him for a while; but she, not being able to support herself, left it to the parish to keep him, the overseers whereof placed him out to spin packthread. After two years he left that employment and went to a silk-throwster for a year and a half, when, running away from his master, he took to bad courses, being addicted to gaming, swearing, drunkenness and theft; but a gang of the Ruby man-of-war pressing him, he went on board that ship to sea, where, robbing the seamen’s chests, he was often whipped at the capstan, put in the bilboes, and once keel-hauled. Keel-hauling a man is tying a rope round his middle, to which two other ropes are so fastened that, carrying him to the end of the main-yardarm on the starboard-side of the ship, he is flung from thence into the water and hauled under the ship by a man standing on the main-yardarm on the larboard-side, where a gun is fired over the criminal’s head as he is drawn up.

However, as no punishment would deter him from pilfering, the captain of the ship, rather than be plagued with him, put him ashore at Plymouth, from whence he begged his way to Portsmouth, where he enlisted himself into Johnny Gibson’s Regiment, to whom he was a continual plague. The first time he mounted the guard, being put sentry on the ramparts and ordered by the corporal not to let the grand rounds pass without challenging, he said he would take care of them, imagining that if he challenged them he must fight them too. So the grand rounds going about at twelve at night, with Johnny Gibson at the head of them, Seager, who had got a whole hatful of stones by him, because he chose to fight at a distance, cries out: “Who comes there?” Being told they were the grand rounds — “Oh, d —-n ye!” quoth George, “the grand rounds, are ye? Have at you then; for I have waited for you this hour and above.” So pelting them with stones as fast as he could fling, the grand rounds could not pass any farther till they called out to the captain of Lamport Guard, who sent the corporal to relieve him, in order to his being examined; but Johnny Gibson finding him to be a raw soldier, who had never been on duty before, he escaped any punishment inflicted on offenders by martial law.

After this George also ran the gauntlet several times for robbing the soldiers’ barracks of victuals, linen or anything else that he could find; but no punishment deterring him from his pilfering tricks, he was in a draft sent over to Flanders, where, going one day into a great church in Brussels, he espied a Capuchin friar confessing a young woman in a very private place; and as soon as the good old Father had given absolution to his penitentiary, he made up to him, under pretence of confessing his sins, for, as it happened, the friar was an Englishman. But, instead of confessing his manifold crimes, his intention was to commit more; for, pulling a pistol out of his pocket and clapping it to his breast, quoth he: “Reverend Father, I perceived the young gentlewoman, whom you just now confessed, gave you something; but, let it be more or less, unless you surrender it to me, who have most need of it, I will shoot you through the heart, although I were sure to be hanged this very moment for it.”

The friar, being much surprised at these dangerous words, and deeming life sweet, gave him what he had got from his female penitentiary, which was two louis d’or; then binding him hand and foot, in a corner adjacent to his confession box, he went away; and that same day, deserting his regiment, he made the best of his way to England, where he committed several most notorious burglaries in the cities of London and Westminster, and the outparts thereof. But at last being apprehended, and sent to Newgate, for breaking open the house of the Lord Cutts and taking from thence plate and fine linen valued at two hundred and forty pounds, he was hanged at Tyburn, on Wednesday, the 27th day of January, in the year 1697.

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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“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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1531: John Tewkesbury, Thomas More’s unwilling guest

Add comment December 20th, 2016 Headsman

The honor posterity pays to Sir Thomas More‘s valor for his own eventual martyrdom has always been attenuated by More’s own keenness to visit that martyrdom on others. Six men were put to death as Protestant heretics during the Catholic More’s 30 months as Lord Chancellor and several of them — including John Tewkesbury, who burned at Smithfield five days before the sad Christmas of 1531 — were even held and tortured by More himself, at his personal estate.

More, famous for subjecting his own flesh to the hairshirt, was not ashamed to have his porter’s house outfitted as a personal torture chamber complete with his own set of stocks. When another wrongthinker, George Constantine, managed to break out of More’s cage and flee to the continent, the future saint joked in the Apology how humanely that showed Constantine was treated, that he proved “strong enough to break the stocks, nor waxen so lame of his legs with lying but that he was light enough to leap the walls.” LOL!

Others like Tewkesbury were not so robust after More got through with them.

This leather merchant had found his way to reform ideas after coming into possession of a contraband Tyndale English Bible, and was also found in possession of Tyndale’s subversive Parable of the Wicked Mammon.

“If Paul were now alive, and would defend his own learning, he should be tried through fire; not through fire of the judgment of scripture, (for that light men now utterly refuse,) but by the pope’s law, and with fire of fagots,” Tyndale thunders in Wicked Mammon.

Tewkesbury failed his first trial by fagot: after repelling the personal interrogation of Bishop Cuthberg Tunstall,* Tewkesbury

was sent from the Lollards’ tower to my lord chancellor’s, called sir Thomas More, to Chelsea, with all his articles; to see whether he might accuse others. There he lay in the porter’s lodge, hand, foot, and head in the stocks, six days without release: then was he carried to Jesu’s tree, in his [More’s] privy garden, where he was whipped, and also twisted in the brows with small ropes, so that the blood started out of his eyes … after this, he was sent to be racked in the Tower, till he was almost lame, and there he promised to recant. (Foxe’s Book of Martyrs

Recanting entailed public penitence meant to underscore the consequences of backsliding: carrying to St. Paul’s Cross a fagot of the sort that would be lit under the feet of a repeat heretic.


John Tewkesbury carrying his fagot in penance. Illustration from Foxe’s Book of Martyrs.

It seems, however, that Tewkesbury’s courage, once sapped by More’s persecution, was soon reinvigorated by the same. Foxe claims that he took heart from the example of Richard Bayfield, arrested at Easter for smuggling Tyndale Bibles into England from the Low Countries and returned to his heresies, fagot or no.

And here More’s vigorous escapee George Constantine enters the narrative in earnest, for before Constantine slipped More’s shackles the Lord Chancellor wrung from him the names of several Protestants, including Tewkesbury’s. Our repeat heretic was again imprisoned at More’s servants’ quarters where he received his sentence —

Imprimis, That he confessed that he was baptized, and intended to keep the catholic faith.

Secondly, That he affirmeth, that the abjuration oath and subscription that he made before Cuthbert, late bishop of London, was done by compulsion.

Thirdly, That he had the books of the Obedience of a Christian Man, and of The Wicked Mammon, in his custody, and hath read them since his abjuration.

Fourthly, That he affirmeth that he suffered the two faggots that were embroidered on his sleeve, to be taken from him, for that he deserved not to wear them.

Fifthly, He saith, that faith only justifieth, which lacketh not charity.

Sixthly, He saith, that Christ is a sufficient Mediator for us, and therefore no prayer is to be made unto saints. Whereupon they laid unto him this verse of the anthem: ‘Hail Queen our advocate,’ &c.; to which he answered, that he knew none other advocate but Christ alone.

Seventhly, He affirmeth that there is no purgatory after this life, but that Christ our Saviour is a sufficient purgation for us.

Eighthly, He affirmeth, that the souls of the faithful, departing this life, rest with Christ.

Ninthly, He affirmeth, that a priest, by receiving of orders, receiveth more grace, if his faith be increased; or else not.

Tenthly, and last of all, he believeth that the sacrament of the flesh and blood of Christ is not the very body of Christ, in flesh and blood, as it was born of the Virgin Mary.

Whereupon the bishop’s chancellor asked the said Tewkesbury, if he could show any cause why he should not be taken for a heretic, falling into his heresy again, and receive the punishment of a heretic. Whereunto he answered that he had wrong before, and if he be condemned now, he reckoneth that he hath wrong again.

“For which thynges and dyvers other horryble heresyes, he was delyvered at laste unto the secular handes and burned, as there was never wretche I wene better worthy,” More concluded with a satisfied dusting of hands. (Source)

* Tunstall submitted to Henry VIII’s authority over the Church of England and navigated the frightening Tudor years keeping his head down in preference to having it lopped off — although when he died in 1559 at age 85, it was while in prison for refusing to swear the Oath of Supremacy to Queen Elizabeth.

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1707: Jack (Sam) Hall, chimney sweep and robber

1 comment December 17th, 2016 Headsman

Jack Hall, chimney sweep turned robber turned folk song antihero, hanged at Tyburn on this date in 1707, along with five other men.

Two of those others, Richard Low and Stephen Bunch, were Hall’s accomplices and co-defendants for burgling the home of a Captain John Guyon on a dark November night. They took “a blue Cloth Wastcoat, a pair of Cloth Breeches, 3 Suits of Lac’d Head-cloaths, four Yards of yellow Ribbon, four Yards of green Ribbon, two Silver Spoons, and a Dram Cup.”

It was only the latest in a string of raids that must have earned them some kind of reputation, for at their execution the Ordinary of Newgate, Paul Lorrain, pressed Hall “Whether (as ’twas reported by some) he had made a Contract with the Prince of Darkness, for a set time to act his Villanies in; he answer’d, He never did, nor said any such thing.”

The devil paid dividends into the afterlife by giving surprisingly long legs to a tributary folk ballad* which survives into the present as “Sam Hall”. Some (not all) of this song’s many latter-day versions reference Jack/Sam’s first legitimate occupation, chimney-sweeping: as a boy, Hall had been sold into a indenture as a “climbing boy”.**

* This song’s passage from its source of tunes dating to the 16th century English church into a delta of variant versions in the 19th and 20th century is traced by Bertrand H. Bronson in “Samuel Hall’s Family Tree” (California Folklore Quarterly, Jan. 1942).

** The horrifying use of small children to shimmy, near-naked, up asphyxiating chimneys a-soot scrubbing persisted deep into the 19th century. William Blake paid heartbreaking poetic tribute to chimney-climbing boys, and in Dickens’ Oliver Twist, young Oliver is nearly given as an apprentice to a vicious chimney sweep named Mr. Gamfield — the avoidance of which “was the critical moment of Oliver’s fate.”

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1798: Dennis Nugent, for child rape

Add comment November 28th, 2016 Headsman

Dennis Nugent was hanged on this date in 1798 for raping an eight-year-old girl — a crime whose particulars were so revolting that “The Court ordered that the evidence upon this trial should not be published.”


Bell’s Weekly Messenger, Sept. 23, 1798

Nugent denied committing the crime all the way to the end.

Part of the Themed Set: Sexual Deviance.

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1441: Roger Bolingbroke, “hanged, hedyd, and quartered”

Add comment November 18th, 2016 Headsman

On this date in 1441, the astrologer and mathematician Robert Bolingbroke was put to death as a wizard.

Bolingbroke had the ill luck to attach to the household of the Duchess of Gloucester at a juncture where it was politically convenient to destroy her; we have previously examined this affair through the person of Margery Jourdemayne, the Witch of Eye who with Roger Bolingbroke and a third man, Thomas Southwell, produced a horoscope for the Duchess prophesying King Henry VI‘s imminent demise — which was a bit on the nose for the king when he found out about it since at that moment the Duke of Gloucester would have stood to succeed him as king.

This exercise was nothing but an occult diversion, the medieval aristocracy’s equivalent of the Ouija board, but in the hands of enemies it became a treasonable plot for regicide. It forced the Duchess’s fall, divorce, and perpetual imprisonment — but what it forced for the commoners who scried the stars on her behalf was considerably worse. In the words of the Chronicle of London, Roger Bolingbroke

was taken for werchynge of sorcery ayens the king, and he was put into the Tour; and after, he was brought into Poules, and there he std up on high on a scaffold ageyn Poulys crosse on a Sonday, and there he was arraied like as he schulde never the in his garnementys, and there was honged rounde aboughte hym alle his intrumentis whiche were taken with hym, and so shewyd among all the peple; and after he was broughte to-fore the lordys, and there he was examyned; and after broughte to the Yeldehalle, and there he was regned aforen the lordes of the kynges counseill and to-fore alle the juges of this land; and anon after, the lady of Gloucestre afornseid was mad to apere thre sondry dayes afore the kyng and alle his lordes spirituell and temperell; and there she was examyned of diverses poyntes of wicchecraft, of the whiche she knowleched that she hadde used thorugh the counseil of the wicche of Eye, the whiche was brent on the even of Symond and Jude in Smythefeld.

In this yere my lady of Gloucestre hadde confessyd here wichecraft, as it is afornseid, she was yoyned be alle the spiritualte assent to penaunce, to comen to London fro Westminster on the Monday next suynge and londe at the Temple brigge out of here barge, and there openly barehede with a keverchef on hir hede, beryng a taper of wax of ii lb. in here hond, and went so thorugh Fletstrete on here foot and hoodless unto Poules, and there she offred up here taper at the high auter; and on the Wednesday nest suenge she com fro Westminster be barge, unto the Swan in Tempse strete, and there she londyd, and wente forthe on here feet thorugh Brigge strete, Graschirche strete, to the Ledenhalle, and so on Crichirche in the wyse aforensyd; and n Fryday she londed at Quen hithe, and so forth she wente into Chepe, and so to Seynt Mighell in Cornhull, in the forme aforenseid; and at iche of the tymes the mair with the schirreves and the craftes of London were redy at the places there she sholde londe:* and after, Roger the clerk aforenseyd, on the Satirday, that is to sey the xviii day of Novembre, was brought to the Yeldehalle, with sire John Hom prest, and William Wodham squyer, the whiche sir John and William hadden there chartres at that tyme; and the clerk was dampned, and the same day was drawe fro the Tour of London to Tiborn, and there hanged, hedyd, and quartered, and the heed sett upn Londn bregge; and his oo quarter at Hereford, another at Oxenford, another at York, and the fourthe at Cambregge; and the lady put in prison, and after sent to Chestre, there to byde whill she lyvyth.

* For present-day readers, this humiliating public penitential procession reminds of Cersei’s walk of atonement on Game of Thrones; however, the actual inspiration for this scene was the affair of a later 15th century Englishwoman, Jane Shore.

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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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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Organized Crime,Pelf,Public Executions

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1591: Brian O’Rourke, Irish lord

Add comment November 3rd, 2016 Headsman

On this date in 1591, Brian na Múrtha Ó Ruairc — Brian O’Rourke to the English who killed him — was drawn and quartered as a rebel at Tyburn.

O’Rourke was a chieftain in a disappearing world, the Gaelic Ireland that the English had been engaged in reducing ever since King Henry VIII realized that he was King of Ireland back in 1542.

O’Rourke’s patrimony in this Tudor conquest was the kingdom of West Breifne, with a lineage going right back to its 12th century founder. As far as the Tudors were concerned he was just one more truculent local lord to subdue — even if the very “proudest man this day living on the earth.” (per Nicholas Maltby)

O’Rourke’s pride put him into oppositin against the English satrap and even to succor sailors taking refuge from the shattered Spanish Armada in 1588. But fighting in his environs and eventual outright occupation steadily constrained the scope of his autonomy.

In the end it was his brother-Celts in Scotland who finished him: when O’Rourke turned up there in 1591 seeking license to recruit sword-arms there from King James VI (James was not yet James I of England at this point), Queen Elizabeth successfully prevailed upon her Scottish counterpart to arrest and extradite the man — an incident that triggered a riot in Glasgow.

Tried on the highly dubious grounds of treason against England committed in Ireland — plus a lese-majeste incident of having the queen’s image dragged in the mud tossed into the indictment for good measure* — O’Rourke scornfully refused to plead, or to defend himself unless Elizabeth herself would deign to sit in judgment — sovereign to sovereign. The court required only O’Rourke’s body, not his assent, to proceed.

O’Rourke had a sharp enough tongue when minded to deploy it, however. On the scaffold, he witheringly abused the notoriously avaricious bishop Miler Magrath who had been sent to minister to him. Then …

Upon Wednesdaie the 3 of November, Bren O’Royrke was drawne to Tyborne, and there hanged, his members and bowels burned in the fire, his heart taken out, and holden up by the hangman, naming it to be the archtraytors heart, and then did he cast the same into the fire, then was the head stricken off, and his bodie quartered

-John Stowe, The Annales of England (1605) (via)

O’Rourke’s son Brian oge O’Rourke inherited his position, and his struggle, until younger brother Tadgh O’Rourke deposed him with English support. Tadgh died young in 1605 — and with him, West Breifne expired too.

* Enjoy an itemized list of the naughty O’Rourke’s many offenses against English sensibilities from page 144 of this public domain volume.

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Entry Filed under: 16th Century,Capital Punishment,Death Penalty,Drawn and Quartered,England,Execution,Gruesome Methods,Heads of State,History,Ireland,Nobility,Occupation and Colonialism,Power,Public Executions,Treason,Wartime Executions

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