1787: Margaret Savage, repeat offender

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1787, Margaret Savage was publicly hanged in front of Newgate Prison in Dublin, Ireland for armed robbery.

Savage’s first brush with the law came in 1781, when she was convicted of stealing 18 yards of black calico, the value of which was £2. Three years in prison seems a harsh punishment for what was essentially shoplifting, but Savage was lucky — in those days, even minor thefts were capital offenses.

In August 1782, Savage and 31 other prisoners petitioned George Nugent-Temple Grenville, 1st Marquess of Buckingham, the new Lord Lieutenant of Ireland, for clemency. The petitioners, 29 of them female and most of them convicted of theft, pointed to their “signs of reformation and contrition,” successfully: the Lord Lieutenant pardoned Savage and released her from custody, less than a year into her sentence. She had been doubly fortunate.

Five years later, however, Savage got into trouble again after she and a fifteen-year-old male accomplice were convicted of robbing a woman at gunpoint, stealing 18 shillings. Aware of her previous record, this time the Dublin Recorder sentenced her to death.

Brian Henry notes in his book Dublin Hanged: Crime, Law Enforcement and Punishment in Late Eighteenth-Century Dublin,

Her hanging conflicted with the state funeral procession of the Duke of Rutland [another Lord Lieutenant of Ireland]. This prompted the Hibernian Journal to report that Savage’s “wretched situation seemed to have less effect upon her than the neglect of the populace, in not gracing her exit with their appearance on so deplorable an occasion.”

The fate of Savage’s young accomplice was not recorded.

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1752: William Montgomery, small enough to fail

In the absence of a modern bankruptcy framework, underwater debtors could be clapped into prisons like the notorious Fleet. As this had the effect of overcrowding the dungeons with otherwise productive persons who were little likely to meet the theoretical obligation to repay their bondsmen, the British Parliament passed Insolvency Acts intermittently throughout the 18th century as bankruptcy holidays that would permit orderly mass discharges of debt. Given the chaotic state of record keeping there must also have been a wide swath of grey-area debtors who for the benefit of resuming economic life would bend whatever facts needed bending to slide themselves into the Acts’ safe harbors.

Our William Montgomery was one of these, who told a white lie about being abroad on the date necessary to wipe the slate clean — but found that his creditors were not so easy to forgive either invoices or prevarications, to the extent of revenging their balance sheet at Tyburn.

This Newgate Calendar entry gives us a heavy dose of editorializing and also misstates the date of Montgomery’s execution because of course it does. For the rentiers’ side of the moral preening, compare to the Ordinary’s Account.*


WILLIAM MONTGOMERY
Executed at Tyburn, December 2, 1752 [sic], for defrauding his creditors

In a country like England, and more especially when we view the overgrown capital, though productive of crimes in fraudulent debtors, we must advocate acts of insolvency.

The good of many must be pre-eminent to the villainy of a few; and, where we find one punished for the abuse of the lenity of the legislative body, we happily find thousands of unfortunate beings rescued from the horrors of a prison, where they had long been immured without the means of support, much less were they able to satisfy the demands of inexorable creditors.

The necessity of good faith in contracts, and the support of commerce, oblige the legislature to secure for the creditors the person of the bankrupts; and in this point of view may the subject of this case, and all others who take the benefit of an act of insolvency, be considered.

The fraudulent bankrupt should be punished in the same manner with him who adulterates the coin of the realm; for to falsify a piece of coin, which is a pledge of mutual obligations between men, is not a greater crime than to violate the obligations themselves.

But the bankrupt who, after a strict examination, has proved before the commissioners that either the fraud or losses of others, or misfortunes unavoidable by human prudence, have stripped him of his substance, on what barbarous pretence is he thrown into prison, and thus deprived of the only remaining good, the melancholy enjoyment of mere liberty? Still more hard is the case of an unfortunate trader, who, disclosing his whole transactions, and offering to assign over to his creditors the remains of his stock, is cast into prison by a single hard-hearted unrelenting claimant. Yet this is constantly done in Britain.

Why is such a man cast into a loathsome prison, ranked with criminals, and, in despair, compelled to repent of his honesty? Conscious of his innocence, he lived easy and happy under the protection of those laws, which, it is true, he violated, but not intentionally. Laws are dictated by the avarice of the rich, and tacitly accepted by the poor, seduced by that flattering and universal hope, which makes men believe that all unlucky accidents are the lot of others, and the most fortunate only their share.

Mankind, when influenced by the first impressions, love cruel laws, although, being subject to them themselves, it is in the interest of every person that they should be as mild as possible; but the fear of being injured is always far more prevalent that the intention of injuring others.

But, to return to the innocent bankrupt. Let his debt, if you will, not be considered as cancelled till payment of the whole; let him be refused the liberty of leaving the country with out leave of his creditors, or of carrying into another nation that industry, which, under a penalty, he should be obliged to employ for their benefit; but what pretence can justify the depriving of an innocent, though unfortunate, man of his liberty, without the least utility to his creditors?

Then it may be in answer be said, that the hardships of confinement will induce him to discover his fraudulent transactions: an event that can hardly be supposed, after a rigorous examination into his conduct and affairs.

It will be necessary to distinguish fraud, attended with aggravating circumstances, from simple fraud, and that from perfect innocence. For the first, let there be ordained the same punishment as for forgery. For the second, a punishment with the loss of liberty; and if perfectly innocent, let the bankrupt himself choose the method of re-establishing himself, and satisfying his creditors.

With what ease might a sagacious legislator prevent the greatest part of fraudulent bankruptcies, and remedy the misfortunes that befall the innocent and industrious! A public register of all contracts, with the liberty of consulting it allowed to each tradesman — a public fund, formed by the contribution of fortunate merchants, for the timely assistance of unfortunate industry — would be the establishments that could produce no real inconveniences, but would be attended with numberless advantages.

Many eminent bankers, in the history of the trade of London, by an unexpected run upon their house, must have become bankrupts, and thereby embarrassed thousands, had not the Bank of England come to their assistance; but alas! The unfortunate tradesman has no one to prevent his fall. Unhappily, the most simple, the easiest regulations, await only the nod of the legislator to diffuse through nations wealth, power and felicity; laws, which would be regarded by future generations with eternal gratitude, are either unknown or rejected. A restless and trifling spirit, the timid prudence of the present moment, and a distrust and aversion to the most useful motives, possess the minds of those who are empowered to regulate the actions of mankind.

It must at the same time, be acknowledged, that the baseness of a few failures often tends to render callous the feelings of creditors.

No act of insolvency has been carried into effect without the detection of fraud. Eager to embrace its benefits, and thus rid themselves of debt, men will wade through perjury, and employ every means to accomplish their purpose.

After the destruction of the prisons in London, during the riots of the year 1780, an act was passed for the purpose of absolving all who had been confined. Of this every rascal in London was ready to take the advantage. A mere form was only necessary, to enter their names; but the signatures, that Lord Chief Justice Mansfield, to his infinite honour, ordered the lists to be printed and published, which put to rout whole hives of impostors. Names were herein found that might as well have expected to appear in the list of Gazette promotions.

A man of this description was the subject who led to this enquiry.

William Montgomery was a native of Elphinstone, in Scotland, and educated in the Presbyterian form of religion.

His father dying when he was about thirteen years old, his mother sent him to sea in a ship belonging to Alloa. Having continued in the naval line of business some years, he at length married, and opened a public house in Bishopsgate-street; and dealing largely as a smuggler, he frequently went to Holland, to bring home prohibited goods.

Quitting Bishopsgate-street, he lived some years at the sign of the Highlander, in Shadwell; but, on the death of his wife, he resolved to decline business as a publican; and having saved some money, he entered again into the matrimonial state, and taking a lodging in Nightingale-lane, he let lodgings to seafaring men.

Meeting with success, he took a shop as a seller of seamen’s clothes; but left the care of it chiefly to his wife, while he employed his own time in frequent trips to Holland, in pursuit of his former illicit practice of smuggling.

An act of insolvency passing in the year 1748, favourable to such persons as had been in foreign parts fugitives for debt, Montgomery took the benefit of it, swearing that he was at Rotterdam on the last day of the preceding year: in consequence of which, he was cleared of his debts, to the injury of his creditors.

No notice was taken of this affair till the expiration of four years, when, Montgomery having arrested a neighbour, the man gave notice of his former transactions to one of his creditors, who laying an information before the lord mayor, Montgomery was lodged in Newgate on suspicion.

Being brought to trial at the next sessions at the Old Bailey, several persons deposed that they spent the evening with him at his own house at the time he alleged that he was in Holland, in order to take the benefit of the act: so that he was convicted, and received sentence to die.

For some time after conviction he behaved with apparent signs of devotion; but asserted his innocence, and said that the witnesses against him were perjured; and in this tale he continued till the arrival of the warrant for his execution.

Being pressed by the divine who attended him to tell the truth, he persisted in the former story until the Friday before his death; but in the afternoon of that day he acknowledged, that after having been on board a Dutch vessel; in order to take his passage for Holland, he had come on shore, owing to the contrary winds.

On the following day he insisted that, “as he had been sworn according to the methods used in Scotland, without kissing the book, his crime could not come within the meaning of the act”. In reply to this he was told that the mode of administering could make no difference to the nature of an oath.

Hereupon he made a full confession of his crime, and owned that, having come on shore, he concealed himself for some weeks in his own house; then appeared publicly, saying he had been at Rotterdam: after which he surrendered himself to the warden of the Fleet prison, and obtained the benefit of the act of insolvency.

On the Sunday following, when he was pressed to declare the whole truth, he exclaimed, “What would you have me say? I have told you all the truth, and can say no otherwise than what I have done. If I did, I should belie myself, and my own knowledge.”

This malefactor appeared dreadfully shocked on the morning of execution, and wished for time for repentance, which he now considered highly necessary. At the place of execution he warned the spectators to beware of covetousness, which had been the cause of his destruction.


* Sample of the Ordinary’s take on the gravity of disappointing your creditors:

That he suffered justly, as an Example, and for a Terror to such an Undertaking again, I believe no one can gain-say …

for which Atonement can scarce, but if ever, not without the utmost Difficulty, be made: And, through this Filth, and Mire of Wickedness, must he pass, who resolves to make an intentional, a real Fraud.

What can the Man think that shall be guilty of such high Offence? ‘Tis publickly known that human Laws are determined to punish it with Death, and what is to come afterwards, God only knows.

Let this then the Fate of poor Montgomery deter all others for the future from attempting a Breach of such an Indulgence, if ever it should please the Legislature to grant one again. And tho’, in a former Part of these Sheets, he did not scruple to say, he was not the only one who feloniously laid hold of the Benefit of the last Insolvent Act, yet Charity engages to think better Things, and to hope there is not an Instance of the like Kind to be met with in England.

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1735: Elizabeth Armstrong, oyster knifer

On this date in 1735, Elizabeth Armstrong* was executed at Tyburn for winning a drunken brawl.

The account of the events that brought Armstrong to the gallows underscore 18th century Londoners’ everyday proximity to casual violence — where “tempers flared quickly and … it was not unusual for men to think of using physical force to get their way.”

In this case, the man would get the worst of the flaring.

In a brandy shop on Petticoat Lane, Patrick Darling — he’s our victim — and Mary Price fell into an argument that in the trial record reads almost comically for the sudden resort to fisticuffs.

the Deceased was a mighty joaking Man, and he told her she curried a clean Heel, G – D – ye, says she, what is that like? Why, says he, It is like an Irish Leg, as thick at bottom as it is at top. With that she up with her Leg and kicked him on the Parts, and he hit her a Box on the Ear. She reel’d against the Door

Price cried out for her niece, Elizabeth Armstrong, who was next door swilling gin, and the latter dashed over with an oyster knife to put everything to order: she “swore she’d cut his Nose off. He laughed, and said, sure you won’t serve me so? She swore yes but she would, and called him an Irish thief.”

This is the point where everyone can decide they don’t want any more trouble and stagger off to points unknown to nurse their various injuries. Not Patrick Darling.

When Elizabeth Armstrong left the brandy shop, he followed her out, closely enough that Armstrong tried to push him away. Darling snatched her wrist, but his would-be victim was strong — “stronger than he,” according to one witness — and she wrenched her hand free and stuck the little blade into Darling’s chest, drawing blood but doing no real damage. Now enraged, Darling tackled her into a kennel where they grappled, Armstrong slicing again into Darling’s right calf** while Darling “twice put his Hands up my Coats” — the fight ending when

A Sailor coming by, said to him, D – ye! what Son of a B – are you, to beat a Woman? Upon which, the Deceased quitted the Woman, and two or three Blows past between him and the Sailor, but it was over in a Minute, for I called out and said, For God’s sake do not let him beat a wounded Man.

Covered in muck, Armstrong went right back to drinking, little thinking that she had committed a murder.

Bloodied and trounced, Darling was eventually ushered by a friend to a surgeon who dressed his injuries and would testify — maybe protesting a little too much? — that “they were both trivial, but for want of due care, the Hemorrhage of Blood from the Calf of his Leg contributed to his Death, for he was harassed about for two or three Hours, and no body would take him in. And his Animal Spirits being exhausted, he might be suffocated for want of having his Head laid in a proper position. Besides, I heard that after he was wounded he fought with a Sailor, which might hasten his Death.”

Both of the women involved were tried for murder, but Price’s contribution to the fight having extended only to inciting her kinswoman (“her Aunt Price called out, Kill him Betty, kill him”), she was acquitted. Elizabeth Armstrong was not so lucky.

She hanged alongside a 40-year-old crook William Blackwell who had been in the game long enough to garner a nickname (“Long Will”) and a reward for his capture (£40). Blackwell had been part of a gang that committed a harrowing all-night home invasion robbery in Paddington two years prior — and, although it’s practically a footnote in the trial, raping the home’s young maid. One of Blackwell’s confederates who saved his own life by giving evidence against him described

Coming into the Entry, we saw the Maid lying with her Coats up, and the Prisoner on his Knees putting up his Breeches. D – ye you Rogue, says I, You ought to think of other things at such a time as this. And turning to the Maid, I said, my Dear, has he hurt ye? She made no answer, but cryed.

Unfortunately the Ordinary’s Account for this hanging is partially lost, although the fragment surviving does intimate that both Armstrong and Blackwell did the usual sincere-repentance thing that the clergyman was pushing.

* This little girl has nothing to do with the case at hand but having accidentally found the case in the course of ransacking the invaluable Old Bailey Online database I would be remiss not to relay the fate of a different Elizabeth Armstrong a few years prior … sentenced to convict transportation at the age of 9 or 10 because she climbed in an open window and snatched a couple of silver spoon. Here’s the trial record in its entirety:

Elizabeth Armstrong, alias Little Bess, of St. Michael’s Cornhill , was indicted for feloniously stealing two Silver Spoons, the Property of Rose Merriweather , the 3d of this Instant July .
It appear’d by the Evidence, That the Prisoner (who was a little Girl of about 9 or 10 Years of Age) having gotten in at the Prosecutor’s Kitchen Window, which had been opened, and left so till about Six o’Clock in the Morning, had handed out two Spoons to her Accomplices, and was surprized by the Apprentice coming out at the Window. The Fact being fully proved, the Jury found her Guilty to the Value of 10 d.

Transportation.

** An apt injury, considering the insult that started the fracas.

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1641: Maren Splids, Jutland witch

On this date in 1641, one of Denmark’s most famous witches suffered at the stake.

Maren Splid, Spliid, or Splids (English Wikipedia entry | Danish) remains a paradigmatic exemplar of the witch-hunt’s terrifying capacity to make magicians of anyone some neighbor might one day accuse. In Splids’s case, the neighbor was a competitor of her prosperous husband, a tailor in the Jutland town of Ribe; the commercial motive obviously suggests itself but one dismisses superstitious folly at one’s peril. Apparently Maren Splids had given him some nasty words a full 13 years before the trouble started and the neighbor nursed the grudge along as if he was carrying a flame for her.

In 1637 this accuser, Didrik by name, denounced our misfortunate principal for bewitching him unto an infernal illness; he even delivered to gobsmacked investigators some strange object that he had vomited up under her spell.

Now, Maren and husband were big enough wheels to defeat this case in Ribe — but the diligent Didrick proceeded to carry the matter all the way to King Christian IV, a supernatural paranoiac in the mold of his witchsniffing contemporary and brother-in-law James VI of Scotland/James I of England.

This sovereign ordered the case re-tried and put it on goodwife Splids to produce no fewer than 15 witnesses to her witchless character. The headsman is not quite certain whether, in a pinch, he could conjure 15 witnesses capable of credibly exonerating him of the Lindbergh baby kidnapping; neither did Splids manage to satisfy the court with a sufficient chorus.

Still supported by her husband, Splids leveraged a right of appeal which initially resulted in the grandees of Ribe overturning the conviction but her enemies were able to kick the appeal to the national government. Tortured in Copenhagen’s Blue Tower, Splids at last cracked and admitted the charges, also implicating several other women,* and was returned to Ribe to burn at the stake.


Marker at Maren Splids Hus in Ribe, which is a tourist attraction. (cc) image by Wolfgang Sauber.

She’s one of Denmark’s best-remembered sorceresses and an emblem of the witching era that saw 22 such prosecutions in Ribe alone from 1572 to 1652. She’s also been latterly reclaimed as an admirable figure — for instance, there was a 1970s feminist magazine called Maren Splids.

* One other woman, Anne Thomasdatter, would be put to death on the basis of Splids’s confession. Several others endured stays in the dungeon.

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1717: Three spared en route to Tyburn, thanks to Jack Ketch’s debts

From the London Weekly Journal or Saturday’s Post, Nov. 9, 1717:

On Wednesday we had a very odd Accident happen’d upon Occasion of the ordinary Execution of Criminals; the Number to be hang’d was five, according to the Dead Warrant, but two of these had obtain’d a respite of Execution, the other three were put into the Cart and carry’d to the Place of Execution.

The Person they call the Finisher of the Law, alias the Hangman, and who, for the common Understanding inherits the Name of Jack Ketch, going before the Cart on Foot, in order to be ready at the Place, was arrested in Holborn by three Bayliffs or Officers, on a Sheriffs Warrant for Debts, and was carry’d away.

However, after some Time he got out of their Hands, but soon fell into worse Company; for the Mob got him into their Clutches, and whether he had given them Occasion or no, we know not, but no Pick-Pocket was ever used worse by them; for if all we hear is true, they left him with little Life in him.

In the mean Time the Prisoners came to the Place of Execution; but no Hangman could be found to do them the usual last Offices of Kindness. The Under-Sheriff, it is said, offered very generously to several Persons to officiate, but none could be found. Mr. Ordinary, we hear, might have had the Compliment, but did not think fit to say he would accept it if it had been offer’d.

One bold Fellow, being half inclin’d, his Comrade prompted him earnestly, Do Jack, says his Brother Tom, thou hast not earn’d a Penny in an honest Way a great While.

No, says Jack; da___e, not I, for I deserve it as much as any of them; but do you do it your self, Tom, you know it will be your Turn quickly, and Jack Ketch shall use you the better for it.

But in short, neither Jack nor Tom would do it, and the poor Wretches, tho’ they waited in the Cold a great While, were not willing to do it for themselves; and so the Sheriff’s Officers were fain to bring them back again to Newgate, where it is said they must lie till Jack Ketch recovers of his Suffocation in the Horse-Pond, and is in Condition for his honest Employment.

The prisoners in question all had their sentences commuted.

The hangman, William Marvell — who had obtained the position because his predecessor was also clapped in debtors’ prison — likewise lost the executioner’s gig thanks to the embarrassing arrest. Too reviled thereafter to find honest work he wound up being sentenced to convict transportation for shoplifting in 1719.

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1860: Johannes Nathan, the last ordinary execution in the Netherlands

On this date in 1860, Johannes Nathan was hanged in Maastricht for murder.

Nathan murdered his mother-in-law over a pig. Most executions in the Netherlands at this point were commuted by royal prerogative but it was felt that Nathan’s acknowledgment of guilt was late, partial, and insincere — rendering him an unfit object for mercy.

Although the execution took place on the Markt, it “was not a public amusement as it was in the Middle Ages: Nathan walked through dead streets, the curtains were closed in the houses, children were held in.”

The Netherlands formally abolished the death penalty for ordinary criminal offenses in 1870; the only executions since then took place under 20th century wartime occupation, or in revenge for same.

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1784: Dirick Grout and Francis Coven, Boston burglars

On this date in 1784, American Revolutions veteran Dirick (sometimes Dirich or Derach) Grout and Francis Coven (or Coyen) were hanged in Boston for burglary.

Coven was a Frenchman who had come to North America with the French expeditionary force deployed to support the colonial rebels; Grout was a New Yorker of Dutch extraction who had served in the Continental Army. Both were caught up in the economic collapse that hit the newly independent states upon the revolution’s 1780s conclusion — from which soil emerged a property crime wave around wealthy Boston that led Justice Nathaniel Sargent to fret that “vicious persons” now were “roving about the countryside disturbing peoples rest and preying upon their property.” Small wonder when, as the Massachusetts Centinel noted, “we daily see men speculating with impunity on the most essential articles of life, and grinding the faces of the poor and laborious as if there were no God.”

According to Alan Rogers’s Murder and the Death Penalty in Massachusetts (which is also the source of the preceding paragraph’s quotes), there was not only a “sharp jump in the number of postwar executions” but a shift in the proportion of those executions that underscored the Commonwealth’s alarm at its bold and violent thieves:

In the two decades after 1780 a very different pattern emerged: the rate of executions throughout the commonwealth nearly doubled and the crimes for which men and women were put to death changed dramatically. Of the seventeen men and one woman executed in Boston during the last two decades of the eighteenth century, only four were convicted murderers, but nine burglars and five highway robbers were hanged, almost the reverse of the data for the first seven decades of the century.

Both of our gentlemen today were among its casualties, and both had been repeat offenders; Coven took 30 lashes as punishment for a previous robbery in 1782. Grout went on a burglary spree that hit multiple houses and shops around Boston. Both received death sentence at the August 31 sitting of the Massachusetts Supreme Judicial Court.*

* Other sentences handed down “for various thefts” at the same proceedings, according to the Salem Gazette (September 14, 1784):

Cornelius Arie, to be whipt 25 stripes, and set one hour on the gallows.

Thomas Joice, to be whipt 25 stripes, and branded.

William Scott, to be whipt 25 stripes, and set one hour on the gallows.

John Goodbread and Edward Cooper, 15 each.

James Campbell, to be whipt 30 stripes, and set one hour on the gallows.

Michael Tool, to be whipt 20 stripes.

Meanwhile, “a villain who was tried for burglary with the above-mentioned Joice, last Friday, but acquitted, was no sooner discharged, than he, with another equally meritorious scoundrel, forced open a window of the store of Mr. Daniel Sears, on Greene’s wharf, and were fleecing it of merchandize to a considerable amount, when, to their praise be it spoken, the night guardians of this city caught them in the very act, before they had time even to return by the way they had feloniously stolen in. They were both committed to jail before Saturday’s rising sun of the next day.”

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1938: Chinese soldiers and civilians after the Battle of Wuhan

On this date in 1938 the Imperial Japanese Army conquered the Hankow or Hankou industrial district within the city of Wuhan, and according to the Associated Press* “shot scores of Chinese soldiers or civilians luckless enough to be taken for soldiers” including “twenty uniformed and civilian-garbed Chinese … executed within sight of foreign gunboats.”

A major trading city that had been forced open to western concessions by the Second Opium War, Wuhan had become, briefly, the capital of the Chinese Kuomintang after Japan’s initial onslaught the previous year quickly captured the former capital Nanking.

* The linked newspaper miscopied the dateline; it should read “Hankow, Oct. 27” rather than “Oct. 2”.

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1704: “French Peter”

A thief named Peter Bennet was hanged at Tyburn on this date in 1704 — alone since “Two Men and Seven Women were try’d for several Felonies and Burglaries; and being found Guilty, they did all of them receive Sentence of Death accordingly. But Four of the Women, who were found with Quick Child, and the other Three, with one of the Men, through the QUEEN’s especial Mercy being Reprieved; One only, viz. Peter Bennet, is now order’d for Execution.”

That’s from the hang-day tract by Newgate Ordinary Paul Lorrain, who having leave to focus both his ministrations and his column-inches on the one soul and exulted at some length in one of his celebrated (albeit not uncontroversial) conversions.

While the patchy Old Bailey documentation of this early date doesn’t appear from a search of oldbaileyonline.org to preserve the record of Bennet’s trial, there’s a man of the same name and nickname (“French Peter”) sentenced to branding in 1698 — and although Lorrain does not comment on any such mark, it would seem to corroborate our fellow’s confession to a life of viciousness.

Peter Bennet, alias French Peter, alias Peter Flower, the only Person now order’d for Execution, said that he was about 25 Years of Age, born of honest Parents at Niort in the Province of Poictou in France, and brought up in England, whereinto he came very young;* and that his first Employment was the Silk-Weavers Trade, of which he work’d about two Years in Spittlefields, and then went into the late King William‘s Service; in which, and in Her present Majesty’s, he had been (both at Sea and Land) for these several Years past, and was actually in the Second Regiment of Foot-Guards, under the Command of Lieutenant Colonel Bradocke,** when he was apprehended. He own’d himself to have been a very ill Liver, and formerly one of Moll Raby‘s Gang; and he did (with bitter Reflection upon his vicious Conversation, almost through the whole Course of his past Life) freely declare, that he had committed all manner of Sins that cou’d be nam’d or thought on, Murther only excepted; and said that though he earnestly desired to live, that he might lead a new Life, and give sensible Tokens of his Change and Reformation to the World; yet he was willing to submit to the Will of God, and the Stroke of Justice, by which he was appointed to be cut off from the Land of the Living: wherein he had done so little Good, but so much Harm. He confess’d, that he was justly brought to this Condemnation, who had no better improved the Mercy he receiv’d before, when under such another; and that he was guilty not only of the two Facts lately proved, but of all the Seven Indictments then preferr’d against him in the Old-Baily: And 1st, That he, together with Thomas Hunter, (who not long since was executed at Tyburn) and another, whom I shall forbear to name here (because I desire not his Confusion, but his Conversion) broke open, and robb’d the House of Mr. Annis, on the 19th of April last, taking thence 60 Yards of Crape, 90 Yards of Serge, 66 Yards of Holland, and 12 pair of Stockings; which Holland and Stockings they divided among them three; and as to the Crape and Serge, his Companions dispos’d thereof, he does not well know to whom; but he remembers, they had Nine pound for them, and he Three pounds for his Share out of that Nine pound. 2dly, That he, with the other two beforemention’d, and one Sebastian Reis, a German, that was hang’d with Hunter in June last, did likewise in the said month of April, break the House of Thomas Abbot, a Quaker, and took from thence 25 Dozen of Handkerchiefs, and an old Scarf, which they sold for Four Pounds to a Woman that keeps a Brokers Shop at the Golden Ball in High Holbourn: but as for the Guinea mention’d in that Indictment, to have been at the same time with the other Goods, taken out of the forenamed Abbot’s House, he said, he knew nothing of it. 3dly, That they did, in May last, break the House of Mrs. Margaret Christian, and take thence a Cheshire-Cheese, about two or three Quarts of Brandy, and some Sugar Cakes; which Cakes and Brandy, they did eat and drink among them; and for the Cheese, himself, who was carrying it away, when pursu’d, threw it down, and left it to whomsoever would take it. 4thly, That they in April last, broke another House, which he supposes might be Mr. Sapford’s, mention’d in the fourth Indictment, but had not an Opportunity of carrying any thing out of it, being prevented therein by the Watchman that was then going the Rounds, 5thly, That in the same Month of April, they broke the House of Mr. Palmer, and took from thence four Silver-Spoons, a Napkin, an Old-Sword, and a Spice-Box, with a small Silver-Spoon in it, & some other things, of little or no Value. The 4 Silver-Spoons, he said, Mr. Palmer had again; the Napkin he took to himself, and the Box they left in the Fields; but what was in it, and the Sword with the small spoon, he can’t well tell what his two Companions did therewith. 6thly, That towards the end of the said Month of April, he, and the other two first mention’d, broke the House of Mr. Gibbs, and took from thence 8 India-Curtains, 4 Vallance, a Squob, and a pair of Sheets; which Sheets he kept for himself, and one of them took the Curtains, Vallance, and Squob to his own Use, and gave him three half Crowns in Consideration thereof, and their other Companion had also some Money given him upon that account, by him that kept those Curtains, Vallance, and Squob. 7thly, and lastly, That they three went and broke open the House of Mr. Bird, and took thence a Ham of Bacon, (which the Owner had again) and 5 Bottles of Cyder, and two Papers of Tobacco, which they spent among themselves. He added, that he (as he does in general remember, but has forgot the Particulars) had committed several other Robberies and Burglaries, in company with the forenamed Tho. Hunter, and Sebastian Reis, and the other Person whose Name (as I said before) I will now spare; and that this last, in particular, did with him one Night (he can’t well tell how long since) break and enter by the Backside, into a certain House in a pav’d Court in Fetter-Lane, and robb’d it, taking thence 24 or 25 Guinea’s, about 5l- in Money, a Silver-hilted Sword, a Long-Perriwig, a Silver-Salt Seller, with some Silver-Spoons and Forks, and a Hat; which Hat, he said, he wore now, and was not worth restoring. As for the Sword, they flung it into a Cellar, in Fee-Lane, and for the Plate and Perriwig, his Companion sold them to one William Buxton (an Harbourer of ill People, and a Buyer of stoln Goods) living in Church-Lane between White-Chappel and Gravel-lane. This is the ample Confession he made to me, and declared, that (to his Grief) he was not able to make any Restitution or other Reparation to the Persons he had thus wrong’d; but heartily pray’d that God would bless them, and they would forgive him. He freely acknowledg’d himself a grievous Offender, and repeated again, that he had committed all manner of Wickedness, but Murther; that he was the vilest and the worst of Sinners, and had exceeded in Sin, even those that had first brought him into it: some whereof, he said, had deservedly suffer’d a shameful Death, and others are still living; and these he earnestly intreats to be wiser than himself had been, and take due Warning by him, who now finds his Folly in not having done so by others, that is, by the Punishment of those that went this way out of the World before him. He seem’d to be very sensible that his Neglect of God’s Service, prophaning the Lord’s Day and Name, Swearing, Drinking, Gaming, Whoring, &c. were the great Causes of his Ruine; and therefore out of that Charity which he owes, and now has for all Mankind, he (in the Words of a Dying Man, that has done with the World, and now speaks without Disguise, by his own woful Experience) admonishes all to avoid those, and all other Vices; that they may prevent their own Destruction both of Body and Soul. Thus he appear’d as one who had great Reason to abhor Sin, and who wou’d fain perswade others to abhor it too.

The Day of his Execution being come, he was carry’d in a Cart to Tyburn, where I assisted him to the last; earnestly exhorting him to clear his Conscience by a further Confession, if he had any thing more to say, and stir up his Heart and all the Affections of his Soul to God. Upon which he said, he had nothing more to discover, but heartily pray’d God to forgive him his Sins, and be merciful to him for Christ’s sake. Then I pray’d and sung a penetential Psalm with him; and afterwards he spoke to the People to this Effect, I suppose there are some here that have been engag’d in ill things. I know there are. I beseech them to amend their Lives, and I beg that all that see me here, would take Warning by me. I am a very young Man, but a Lad, not above 24 or 25 Years of Age, but a grievous Sinner, and I am now to die for my wicked Life. Pray Gentlemen, take Warning by me, and pray for me, that God would have Mercy upon my poor Soul. And the Lord bless you all and prosper you. Then he lifted up his Eyes to Heaven, and said, Lord have Mercy upon a miserable Sinner. O call me not to mine account. I am not capable of answering thee. Sweet Jesus have Mercy upon me! Lord, open me thy Gates, and let me enter in! When he had done speaking, I discours’d him again, and made him rehearse the Articles of our Christian Faith, and I pray’d again, and sung another Psalm; and having commended his Soul to God, I left him to his private Devotions, for which he had some time allotted him. Then the Cart drew away, and he was turn’d off, whilst he was calling upon God in these and the like Ejaculations, Lord forgive me all my Sins! O God, I come, I come: Reject me not. O do not abhor my Soul! Lord, save me, Lord Jesus receive my Spirit.

* French Huguenots escaping a religious crackdown in the late 17th and early 18th centuries bolstered London’s emerging Spitalfields weaving industry.

** Bennet/Lorrain appears to refer here to the Coldstream Guards; if so, his c.o. “Bradocke” was the father of General Edward Braddock, notable for his New World command (and death) during the French and Indian War. That later Gen. Braddock’s aide, 23-year-old colonel and future American Revolution leader George Washington, made some fame for himself during the disastrous engagement that killed Braddock as the “Hero of Monongahela“, for helping to orchestrate the retreat.

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1665: Gabriel de Beaufort-Canillac vicomte la Mothe, during the Grands Jours of Auvergne

As with Peter the Great a few decades later, the budding absolutist Louis XIV experienced a scarring breakdown in law and order in his youth that at times threatened his own person.

In the French case, this was the Fronde — meaning “sling”, a weapon of choice for Parisian mobs — or rather the Frondes, successive insurrections in defense of feudal liberties launched against Louis’s mother and regent, Queen Anne that consumed the 1648-1653 span.

(Among other things, Louis’s experience during these disturbances of fleeing trouble spots in Paris, or cowering practically imprisoned behind palace walls, eventually resolved him to relocate his royal person away from the restive capital, to Versailles; his fear was more than vindicated by the fate of the 16th sovereign of his name at the hands of a different century’s Parisian enragees.)

Upon the death of his mother’s Richelieu figure (and literal Richelieu protege) Cardinal Mazarin, Louis took the state in hand in 1661 at age 22, determined to bring France to his elegant heel.

“You will assist me with your counsels when I ask for them,” he directed stunned ministers who had been accustomed to doing a good deal of the day-to-day governing themselves. “I request and order you to seal no orders except by my command, or after having discussed them with me, or at least not until a secretary brings them to you on my behalf. And you Messieurs of state, I order you not to sign anything, not even a passport, without my command; to render account to me personally each day and favour no one.”

L’etat c’est moi … he wasn’t kidding about that.

Bold reforms followed pell-mell through the 1660s and beyond: of the army, the bureaucracy, industry, the tax system. The archetype absolutist, Louis meant to gather into his Leviathan all the little redoubts of cumbersome right and privilege strewn about from France’s feudal antiquity, and above all to master the independence of his aristocrats and parlements.

One district in particular, the region of Auvergne, had in the chaotic 1650s descended into a minor dystopia ruled by avaricious and unprincipled officials gleefully abusing their control of the local judicial apparatus.

The investigations … revealed that quite a few judges lacked professional scruples and were of questionable moral character. Officers in the bailliages and senechaussees were aware of crimes but did nothing to prosecute them … registration of letters of remission could be bought “with ease.” Officers extorted money from countless victims … At the bailliage of La Tour in Auvergne, officers made arbitrary seizures of oxen belonging to peasants … seized property for “salaries and vacations,” forced minor girls to pay a price for marriage authorizations, and so on. Since all the officers in each of the lower courts were related to one another, “they all upheld one another so that it was impossible to obtain justice.”

The clergy had fallen into disarray … committed kidnappings and assaults and lent their names to laymen so that they might enjoy an ecclesiastical benefice. And this is to say nothing of such “peccadilloes” as frequenting taverns, taking the name of the Lord in vain, keeping mistresses, and fathering children. Monasteries and even convents were rife with “libertinage.” Their income was being squandered on banquets for visitors.

Gentilshommes had been using violent means to maintain their tyranny over the peasants. Forcible extortion of money was “the common offense of the gentilshommes of Auvergne,” according to Dongois, clerk of the Grands Jours. The king’s lieutenant in Bourbonnais, the marquis de Levis, was a counterfeiter who manufactured pistoles that were then circulated by his maitre d’hotel. Many gentilshommes exacted seigneurial dues beyond what they were entitled to, for watch, wine, oxen, supply and transport, and the use of seigneurial mills. They usurped such communal property as meadows, woods, and rights to gather firewood, collected money on every pretext, raised the cens without justification, and collected new dues. (Source

Practical princes see opportunity in such crises, in this case the opportunity to make common cause between the crown and the populace at the expense of of those gentilshommes. And so Louis decreed for Auvergne a Grands Jours, a sort of special visiting assize that could circumvent the incestuous area magistrates. From September 1665 to January 1666 the Grands Jours d’Auvergne processed more than 1,300 cases, meting out 692 convictions and 23 executions (although many sentences were executed in effigy). Six of those actually put to death were gentlemen.*

No noble crest attracted the inquisitors’ attentions more urgently than the ancient family of Montboissier-Beaufort-Canillac whose patriarch,

Jacques-Timoleon, marquis de Canillac, age seventy-two, accompanied by a bodyguard of valets known as his “twelve Apostles,” terrorized his fiefs and seigneuries from Clermont to Rouergue. All his close relatives were guilty of serious crimes or misdemeanors. His eldest son stole his neighbors’ animals, besieged their homes, and murdered them. His next eldest son murdered a curate. Guillaume de Beaufort-Canillac had not only extorted money but also abducted and held captive a notary who had drawn up a document against him. Gabriel de Beaufort-Canillac, vicomte de La Mothe, had attempted to murder another gentilhomme …

Charges had been mounting against the Canillacs, and especially against the old marquis, for decades without any effect. (Same source)

They would continue without effect here for the cagey patriarch, who absented himself in time to suffer only a condemnation in absentia,** but his son Gabriel, the vicomte de la Mothe, was taken by surprise as one of the Grands Jours commission’s very first acts and would distinguish himself its highest-ranking prey — on October 23rd, 1665, a mere four hours after his trial.

The charge against him was one of murder, under what was then considered extenuating circumstances. During the civil war [i.e., the Fronde] he had been commiss[i]oned by the great Conde to raise some regiments of cavalry, and had handed over some six thousand francs of the sum entrusted to him for this purpose, to his friend, D’Orsonette, who would neither furnish the troops nor refund the money. Conde, naturally enough, reproached the vicomte, who thereupon left his service, full of rancor against D’Orsonette. The quarrel grew fiercer as time passed on, until on an evil day the disputants met, each accompanied by a body of servants. M. de la Mothe’s party was the most numerous. D’Orsonette and one of his men were wounded, and his falconer was slain. The facts were incontrovertible. A striking example was deemed essential, and despite the entreaties of his family, and a short delay occasioned by an effort to traverse the jurisdiction of the court, the accused was sentenced to death and executed within a month from the commencement of the assize. It affords a significant illustration of the condition of Auvergne to note that the prosecutor in this case and all his witnesses were far more guilty than the prisoner. The prosecutor was accused by his own father of having murdered his own brother, of being a parricide in intention, and of a hundred other crimes. The next principal witness had been condemned for perjury, and was an acknowledged forger. The others were either outlaws or convicts at the galleys. Against M. de la Mothe no other crime was alleged, and he was generally regarded as the most innocent member of his family. Public opinion held that he suffered for having joined the losing side in the civil war, and for bearing a powerful and deeply-hated name. (A different source)

* A full and colorful account of the affair awaits the Francophone reader in Esprit Flechier’s Memoirs de Flechier sur les Grands-Jours d’Auvergne en 1665 (alternate link).

** It would be the second time in his rapacious career that Canillac pere was executed in effigy.

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