Tag Archives: 1721

1721: John Trantum, 1/2

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[H]e was “not of any Business”, but had gone to the East-Indies and China as a servant to someone on board a ship, and had stayed there for four months while the ship was loaded with cargo. On his return to England he was paid over &pound/80 but he quickly spent it all and “took to vicious Courses”. He related that his mother “some Times told him, she fear’d he lived Dishonestly, and beg’d him not think of subsisting on the Ruins and Spoils of innocent People, for it would terminate in Misery and Destruction”. She would prove to be right.

-From the London Lives biography of John Trantum. (London Lives is digital database with “a wide range of primary sources about eighteenth-century London, with a particular focus on plebeian Londoners”; it’s kin to the oft-used-by-ExecutedToday bonanza of trial records at The Old Bailey Online, and friend of the site Tim Hitchcock is a co-director of both.) Click through to read the whole thing, and don’t forget to navigate onward to his brother Richard Trantum — part of the same gang of criminals, and destined come 1723 for the same fate as John.

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1721: Walter Kennedy

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(Thanks to Captain Charles Johnson — perhaps a pseudonym for Daniel Defoe — for the guest post. It was originally part of Chapter XI “Of Captain Bartho. Roberts, And his Crew” in Johnson’s magnum and only opus, A General History of the Pyrates. As noted by his placement, Kennedy was only a minor figure in the Golden Age of Piracy, a treacherous officer of the Bartholomew Roberts who bumbled right into the noose back on native shores. For another blurb on this bold but mediocre buccaneer, see Marcus Rediker.)

After some Days, the long-wish’d-for Boat came back, but with the most unwellcome News in the World, for Kennedy, who was Lieutenant, and left in Absence of Roberts, to Command the Privateer and Prize, was gone off with both. This was Mortification with a Vengeance, and you may imagine, they did not depart without some hard Speeches from those that were left, and had suffered by their Treachery: And that there need be no further mention of this Kennedy, I shall leave Captain Roberts, for a Page or two, with the Remains of his Crew, to vent their Wrath in a few Oaths and Execrations, and follow the other, whom we may reckon from that Time, as steering his Course towards Execution Dock.

Kenney was now chosen Captain of the revolted Crew, but could not bring his Company to any determined Resolution; some of them were for pursuing the old Game, but the greater Part of them seem’d to have Inclinations to turn from those evil Courses, and get home privately, (for there was no Act of Pardon in Force,) therefore they agree to break up, and every Man to shift for himself, as he should see Occasion. The first Thing they did, was to part with the great Portugueze Prize, and having the Master of the Sloop (whose Name I think was Cane) aboard, who they said was a very honest Fellow, (for he had humoured them upon every Occasion,) told them of the Brigantine that Roberts went after; and when the Pyrates first took him, he complemented them at an odd Rate, telling them they were welcome to his Sloop and Cargo, and wish’d that the Vessel had been larger, and the Loading richer for their Sakes: To this good natured Man they gave the Portugueze Ship, (which was then above half loaded,) three or four Negroes, and all of his own Men, who returned Thanks to his kind Benefactors, and departed.

Captain Kennedy in the Rover, failed to Barbadoes, near which Island, they took a very peaceable Ship belonging to Virginia; the Commander was a Quaker, whose Name was Knot; he had neither Pistol, Sword, nor Cutlass on Board; and Mr. Knot appearing so very passive to all they said to him, some of them thought this a good Opportunity to go off; and accordingly eight of the Pyrates went aboard, and he carried them safe to Virginia: They made the Quaker a Present of 10 Chests of Sugar, 10 Rolls of Brasil Tobacco, 30 Moidors, and some Gold-Dust, in all to the value of about 250 l. They also made Presents to the Sailors, some more, some less, and lived a jovial Life all the while they were upon their Voyage, Captain Knot giving them their Way; nor indeed could he help himself, unless he had taken an Opportunity to surprize them, when they were either drunk or asleep; for awake they wore Arms aboard the Ship, and put him in a continual Terror; it not being his Principle (or the Sect’s) to fight, unless with Art and Collusion; he managed these Weapons well till he arrived at the Capes, and afterwards four of the Pyrates went off in a Boat, which they had taken with them, for the more easily making their Escapes, and made up the Bay towards Maryland, but were forced back by a Storm into an obscure Place of the Country, where meeting with good Entertainment among the Planters, they continued several Days without being discovered to be Pyrates. In the mean Time Captain Knot leaving four others on Board his Ship, (who intended to go to North-Carolina,) made what hast he could to discover to Mr. Spitswood the Governor, what sort of Passengers he had been forced to bring with him, who by good Fortune got them seized; and Search being made after the others, who were revelling about the Country, they were also taken, and all try’d, convicted and hang’d, two Portuguese Jews who were taken on the Coast of Brasil, and whom they brought with them to Virginia, being the principal Evidence. The latter had found Means to lodge Part of their Wealth with the Planters, who never brought it to Account: But Captain Knot surrendered up every Thing that belonged to them, that were taken aboard, even what they presented to him, in lieu of such Things as they had plundered him of in their Passage, and obliged his Men to do the like.

Some Days after the taking of the Virginia Man last mentioned, in cruising in the Latitude of Jamaica, Kennedy took a Sloop bound thither from Boston, loaded with Bread and Flower; aboard of this Sloop went all the Hands who were for breaking the Gang, and left those behind that had a Mind to pursue further Adventures. Among the former were Kennedy, their Captain, of whose Honour they had such a dispicable Notion, that they were about to throw him over-board, when they found him in the Sloop, as fearing he might betray them all, at their return to England, he having in his Childhood been bred a Pick-pocket, and before he became a Pyrate, a House-breaker; both Professions that these Gentlemen have a very mean Opinion of. However, Captain Kennedy, by taking solemn Oaths of Fidelity to his Companions, was suffered to proceed with them.

In this Company there was but one that pretended to any skill in Navigation, (for Kennedy could neither write nor read, he being preferred to the Command merely for his Courage, which indeed he had often signaliz’d, particularly in taking the Portuguese Ship,) and he proved to be a Pretender only; for shaping their Course to Ireland, where they agree to land, they ran away to the North-West Coast of Scotland, and there were tost about by hard Storms of Wind for several Days, without knowing where they were, and in great Danger of perishing: AAt length they pushed the Vessel into a little creek, and went all ashore, leaving the Sloop at an Anchor for the next Comers.

The whole Company refresh’d themselves at a little Village about five Miles from the Place where they left the Sloop, and passed there for Ship-wreck’d Sailors, and no doubt might have travelled on without Suspicion; but the mad and riotous Manner of their Living on the Road, occasion’d their Journey to be cut short, as we shall observe presently.

Kennedy and another left them here, and traveling to one of the Sea-Ports, ship’d themselves for Ireland, and arrived there in Safety. Six or seven wisely withdrew from the rest, travelled at their leisure, and got to their much desired Port of London, without being disturbed or suspected, but the main Gang alarm’d the Country where-ever they came, drinking and roaring at such a Rate, that the People shut themselves up in their Houses, in some Places, not daring to venture out among so many made Fellows: In other Villages, they treated the whole Town, squandering their Money away, as if, like Aesop, they wanted to lighten their Burthens: This expensive manner of Living procured two of their drunken Straglers to be knocked on the Head, they being found murdered in the Road, and their Money taken from them: All the rest, to the Number of seventeen as they drew nigh to Edinburgh, were arrested and thrown into Goal, upon Suspicion, of they knew not what; However, the Magistrates were not long at a Loss for proper Accusations, for two of the Gang offering themselves for Evidences were accepted of; and the others were brought to a speedy Tryal, whereof nine were convicted and executed.

Kennedy having spent all his Money, came over from Ireland, and kept a common B—y-House on Deptford Road, and now and then, ’twas thought, made an Excursion abroad in the Way of his former Profession, till one of his Houshold W—s gave Information against him for a Robbery, for which he was committed to Bridewell; but because she would not do the Business by halves, she found out a Mate of a Ship that Kennedy had committed Pyracy upon, as he foolishly confess’d to her. This Mate, whose Name was Grant, paid Kennedy a Visit in Bridewell, and knowing him to be the Man, procured a Warrant, and had him committed to the Marshalsea Prison.

The Game that Kennedy had now to play was to turn Evidence himself; accordingly he gave a List of eight or ten of his Comrades; but not being acquainted with their Habitations, one only was taken, who, tho’ condemn’d, appeared to be a Man of a fair Character, was forc’d into their Service and took the first Opportunity to get from them, and therefore receiv’d a Pardon; but Walter Kennedy being a notorious Offender, was executed the 19th of July, 1721,* at Execution Dock.

The rest of the Pyrates who were left in the Ship Rover, staid not long behind, for they went ashore to one of the West-India Islands; what became of them afterwards, I can’t tell, but the Ship was found at Sea by a Sloop belonging to St. Christophers, and carried into that Island with only nine Negroes aboard.

Thus we see what a disastrous Fate ever attends the Wicked, and how rarely they escape the Punishment due to their Crimes, who, abandon’d to such a profligate Life, rob, spoil, and prey upon Mankind, contrary to the Light and Law of Nature, as well as the Law of God. It might have been hoped, that the Examples of these Deaths, would have been as Marks to the Remainder of this Gang, how to shun the Rocks their Companions had split on; that they would have surrendered to Mercy, or divided themselves, for ever from such Pursuits, as in the End they might be sure would subject them to the same Law and Punishment, which they must be conscious they now equally deserved; impending Law, which never let them sleep well, unless when drunk. But all the Use that was made of it here, was to commend the Justice of the Court, that condemn’d Kennedy, for he was a sad Dog (they said) and deserved the Fate he met with.

* The correct date is Friday, July 21 (per the then-current Julian calendar). Speculatively, the author might have crossed date references in a source surveying multiple executions, such as this Gazetteer which reports both Kennedy’s hanging, and some executions on July 19 in Dublin, and several other death sentences carried out besides those.

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1721: Catharaina Margaratha Linck, lesbian

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On this date in 1721, a woman named Catharina Margaretha Linck was beheaded with a sword in the Halberstadt fishmarket for homosexuality.

One projects modern sexualities into the past at peril but as Rictor Norton concludes, “there seems no reason why we should not agree with the lawyers at the trial, who defined her as a fricatrice, a ‘rubbing woman’ — in other words, a lesbian.”

Linck (English Wikipedia entry | German) busted out of the anonymous drudgery due an orphan seamstress and into historical monographs by joining an itinerant Quaker movement called the “Inspirants”.

Under those circumstances her habit of going about in men’s clothing might really have been an expedient to elude the male gaze just like Joan of Arc.

It was also a door into the male world: the gender-bending “Anastasius Rosenstengel”, as she called herself, proceeded to enlist herself by turns in the Hanoverian, Prussian, and Polish armies and fight in the War of Spanish Succession.

By 1717 a demobilized Linck was in Halberstadt, several years gone from the martial life but again passing as “Anastasius” in masculine attire … which was also the case when she married 18-year-old Catharina Margaretha Mühlhahn in St. Paul’s church. Who knows how quickly or slowly the young wife grasped the true situation: Anastasius used a homemade leather strapon dildo in the marital bed to such effect that “whenever she [Linck] was at the height of her passion, she felt tingling in her veins, arms, and legs.” (Source)

According to surviving court records, “Anastasius” during soldiering days had delighted in the habit of seducing or hiring women for the same usage. But seemingly the younger Catharina experienced enough physical discomfort from the object that she mentioned it to her mother, who blew the whistle on the whole arrangement after a dramatic domestic confrontation wherein she ripped off her “son”-in-law’s clothes to reveal the artificial cock.

There needs to be a movie made about Catharina Linck. In the meantime, German speakers have access to a 2004 biography, In Männerkleidern. Das verwegene Leben der Catharina Margaretha Linck alias Anastasius Rosenstengel, hingerichtet 1721 or the 2015 historical novel Rosenstengel (review).

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1721: Janet Hutchie, repentant infanticide

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The reader can peruse only the first page of the two-page Edinburgh gallows broadside that comprises this post here; the full pamphlet appears to be available only in proprietary databases.

The Last Speech and Dying Words

Of Janet Hutchie, who was Execute in the Grass-market of Edinburgh, upon the 30th of August 1721, for the Murder of her own Child.

JUSTLY now may I to my sad Experience append my Seal with the Holy Man, Job 14.1. Man that is Born of a Woman, is of few Days, and full of Troubles, Psalm 51.5. I was conceived in Sin, and brought forth in Iniquity, and from that Mass of Original Guilt has arrived to such an Height and Pitch of actual Transgressions, that I am hardly to be reckoned among the Society of Christians, but am sentenced and adjudged justly to be cut off from the Body thereof, as an Infectious Member, least it should endanger the whole Body, and justly with the Holy Psalmist to my Bitter Experience, cry out, Iniquities, Iniquities have prevailed, but O purge away my Sin, Psalm 65.3. And as a Bullock unaccustomed to the Yoke, ran on in a Course of Sin, not thinking that God would lay them before my Face, for Reprove me therefore; till at last that Holy Judge of Heaven and Earth, before whom all Things are naked and bare, has in his Holy Providence found me out at last in this my Brutal Wickedness, and am now in a little to lay down my Life for the Unnatural Crime of taking away the Life of the Innocent Fruit of my own Body, and now stands a Monument to Men and Angels upon a Gibbet, ready Erect for that Effect, to receive the Fatal Blow as a Visible Judgment of the Divine Displeasure and Indignation of the Almighty God, against such a Monstruous and Horrid Crime as I have been Guilty of. Oh that now I may be made a singular Monument of the unsearchable Riches and Free Mercy, and Grace of God, through Jesus Chris his only Son my Lord; not having my own Righteousness, which is nothing, but that of his imputed to me, which yet can make me clean before that great Tribunal, for as black as the Devil, Hell and my own Corruptions have made me.

It would be expected I should give some Account of my self, and satisfie the World, as to several Aspersions that passed upon me , and as I am a dying Woman, I shall declare to the World the naked Truth, and it only, so far as my Memory can serve me, and do Justice to Peter Vallance whom I horridly wronged by leasing making on him.

I was Born in the Weems, my Parents coming over to Preston grange while I was a Child, where they lived till they died, which was several Years agoe, and were not wanting to me in my Education, conform to (rather beyond) their Station and Abilities.

I am now going in 30 Years of Age, and declares, I never knew a Man in the World but John Williamson to whom the Child was, alace a married Man, his Wife being my own Commerad while she was unmarried. I intirely free him of the Act of Murder it self, as was alledged; But acknowledges, it was by his Advice and Direction,and he desired me earnestly to do it; and when it was done to put it in some Hole or another, that it might be hid from the Eyes of the World. But Oh! who can hide from the Eye of an All-seeing God, to whom all Things are naked and bare.

I likewise further own, I never knew the said Williamson but once in an Morning, when my Brother and Family were at the Coal-pit, but he has frequently attempted it, but never got his Design perpetuate but that Time, by which I was got with Child by him, and when I found my self with Child, I told him, and he gave me several Things to Cause me Miscarry, but I never took them. I did not Reveal my being with Child to any but to him and one Isobel Guthry, who in a little after died in Child-bed.

I truly own my Guilt in destroying the Child, but not directly, for it was alive when I was delivered, but for want of Help and my Unnaturality in the Birth it soon died, which if it had not, I was resolved to have strangled it, which makes me equally Guilty in the Sight of GOD, as if I had actually done it, and thereafter tyed it in a Codwair, and keeped it three Days in my Chest, into which Codwair I put an big Stone, and threw it in a Mill-dam, where it lay 18 Days before it was found, and knows nothing of its having a Cord about its Neck, as the Witnesses declared, unless it had been the Knitting of the said Codwair, and what Stories Janet Ritchie and Isobel Vint said of my having a Child before is intirely false. I own I was among the Crowd when an Highland Boy found the Child when the Dam was run out, by seing the white Codwair, as I told before; and upon its being found, The Minister and Elders made search through the Town, and I was found to have Milk in my Breast, and said I had lately parted with Child before Mr. Horsburgh and an other Minister, and said it was to Peter Vallance. God forgive me for wronging him, for I never knew him, only he convoyed me one night from Tramant Home, from which I took Occasion to say the Child was to him, and owned it in his Face before the two Ministers aforsaid. I beg God Pardon for that Sin, for I added one Sin to cover another. Oh that I was so brutally Blind-folded.

I had several Offers of Marriage even beyond my Station, and did in a solemn Manner Promise to one William Stewart, but basely broke, and was disingenous, he is now Abroad, and sent me several Tokens, and that even since I came to the Tolbooth of Edinburgh. God Bless him, and forgive me for so rashly making, and thereafter basely breaking such a solemn Vow, as I ingaged my self with to him.

I own the Justness of my sentence, and the Return of the Verdict, and the Witnesses Depositions, only they wronged me as to the Cord being about its Neck, as aforsaid, the Reflection of which makes me now Shrink and Tremble, to think I could hide from an All-seeing God, to whom being the very inward Thoughts and Imaginations of the Heart ly naked and bare, and that one of his Prerogatives, To search the Heart, and try the Reins, and Jerusalem as with light Candles.

I likewise ow, I was much addicted to the horrid Sin of Lying and Profanation of the Lord’s Holy Day, and neglect of his Ordinances, letting light of them and the Offers of Peace and Salvation through Jesus Christ made to them therein, the Contempt of which, and neglect thereof, now lyes Heavy on me and Grieves me, now to the Soul to think how light I left of that which now I see to be so valuable and precious, and that I then trampled upon, now to be the only Sanctuary and City of Refuge, that I must run unto, least the Avenger of Blood overtake me in the Way, and I perish, which Blood, and whose Offers, if rightly applied, can yet make me clean from all my others Sins, and even from that of Blood Guiltiness. O! monstrous Wickedness, not to be named; and I believe scarcely known to the Heathen World it self.

I likewise own, I was adicted to the Sin of Tipling and Drunkenness, which is an inlet to all Vice, for what Sin is in a Drunk Man, yea rather in a Woman, capable of Refuse, yea ready to fall into. The Head full of Fumes Nature overcharged, and out of its ordinary Course, and the Hands ready to commit. But alace! I cannot say that of my self, for what I did was deliberate, and of a long Time premeditate, and resolved upon by the Advice of that Wretch Williamson, to whose Measures I too too easily condescended unto. God forgive him for advising, and me for consenting to that Unnatural, yea worse than Brutal Wickedness, for the Brutes themselves endanger their own Lives for the Preservation of their own young, as we daily see. Oh that I should be more Brutish than a Brute; I whom God has created a Rational Creature after his own Image, and indowed with a reasonable Soul to Act, as if I had no Soul at all, and to be Guilty of a Crime, that the Brutes themselves are not Guilty of, who are under no Law or Government, and knows nothing of a future State or a World to come.

I likewise own, very much Ignorance of God and the Way of Salvation, through Jesus Christ his Son, who came to save that which was lost, which yet I think intitles and gives me Ground to apply to him and his Righteousness, that the Shame of my Nakedness may not appear in that Day.

I own, I have been much obliged to the Ministers of Edinburgh, who were not wanting to me in their Visits, their praying with me and for me, shewing me the dreadful Nature of Sin and Way of Salvation. God reward them for their Pains.

I desire the Help of the Prayers of all the Spectators here, to join with me in this my last and greatest Extremity, now when I am ready to drop into a World of Spirits, from whence there is no returning, and as the Tree falls so it must ly; let me be a Warning to you all to take Care of Sin, and the fatal Consequences thereof, and Dedicate and Devote your selves to God in your younger Days, which is a noble Season, and give not louse Reins to your selves, but Check Sin in its Bud, least it break forth to a Cockatrice, and be much in Prayer, to the Exercise of which I have been an intire Stranger, hardly knowing what it was to Bow an Knee, and beware of Sabbath-breaking, the Contempt of God’s Holy Ordinances, the Sin of Lying and Drunkenness, and that of Uncleanness, which has at last crowned the Work with me to all, which I have been too much adicted. I die in Peace with all Men, and forgives as I Expect to be forgiven at the Hands of a Merciful God, who Rejoices in Mercy, and whose Mercies are above all his other Works; God Sanctifie this Dispensation to my Poor afflicted Brother and his Family, and support them under it, and grant them Grace to improve it to the best Advantage, and unto that Trinity in Unity, Unity in Trinity. God the Father, Son and Holy Ghost, I recommend my Spirit.

O Save me my Redeemer.

EDINBURGH: Printed by Robert Brown in the middle of Forrester’s-Wynd. 1721.

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1721: Five for returning from transportation

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On this date in 1721, six men hanged at Tyburn. One, John Cobige, was condemned for highway robbery. The other five were all sent to the gallows for returning from convict transportation.

Although forms of penal transportation dated back as much as a century before this time, 1721 was early years for the regime of systematically shipping convicted criminals to the New World.* The enabling legislation had been implemented only three years before.

Convict transportation allowed condemned prisoners’ death sentences to be remitted for labor service in the British colonies, typically 14 years. One could argue that this second chance at life was a mercy, even if the convicts themselves didn’t always see it that way.

But there was a distinct second category of transported convicts, besides the death-sentenced ones: petty crooks, whose crimes were not capital, who now could be directly sentenced to transportation for a term of 7 years. This was an essential innovation of the Transportation Act, one begged after by London magistrates who perceived a crime wave in the 1710s and wanted tougher measures to purge even minor criminals from the city.

In effect it was an interval of civic death, enforced by the threat of bodily death; its design bears some resemblance to the condition of prisoners in Thomas More‘s Utopia. Returning to England before the full term meant the noose — for both classes of transported convicts, including those whose initial crime was so petty that it didn’t merit execution even in Bloody Code England. This circumstance describes four of the Tyburn hangings on the third of April, 1721:

Of our date’s group, only John Filewood, who had posed as a porter to steal a valuable portmanteau, slashing its owner’s hand in the process, had received an initial death sentence commuted to transportation.

The prospect that a body could be shipped to the New World’s frontier for indentured labor over a handkerchief and executed for the “crime” of returning to hearth and home naturally chafed at the sense of justice. In 1721, the whole convict transportation arrangement was still so new that nobody had become inured to the horror of it. It’s plain from the sermon the Ordinary preached at them that the prisoners in question took their fates quite hard.

I took Occasion to mention to the Malefactors, the Returning from Transportation, which not one of them could be made to believe was sinful. I endeavour’d, to the best of my Capacity, to convince them that they were not faultless and unblameable in the following Manner: If the disobeying the higher Powers, even every Ordinance of Man, be sinful, as forbidden, (1 Pet. 2. 13, 14, and 17, &c.) Then their particular Offence, which is disobeying the Orninence of Man, must be forbidden in Scripture and be sinful.

Another way, that it may be shown is thus. Not only Robbing and Stealing, but whatsoever else is detrimental to the Society we are Members of, is a Sin: Now this particular Action is detrimental to the Nation, (both in the Practice, and also in the Example); and therefore is sinful.

I told them, if they could not be convinc’d that they had sinned, because they were possest of the Notion that the Legislative Power was in this particular too severe; they might read, 1 Pet. 2. 18. Be subject to your Masters, not only to the Gentle, but also to the Froward: But that this was not their Case.

Struggling to supercharge their repentance, the Ordinary arranged to have his resentful charges “carry’d constantly to the Chapel” — twice a day. But

they could not be convinc’d they had done any Harm in Returning from Transportation, [and] scarce any one of them could believe he should dye for it. Henry Woodford in particular undertook (as he had declared in Chapel he would) to demonstrate to me, That the returning to his Wife and young Children, in order to keep them from Starving in his Absence, was so far from being a Crime, that it was his Duty so to act; and that no Law could disingage him, or any thing but Death, from the great Duty of providing for his Family.

Out of all the doomed, Henry “seem’d most to resent his Dying” and complained that they ought better to have been overtly sold as slaves if this was their condition.

Still other terrors stalked these men. The highwayman Cobige, who at age 50 was the only one among them not in the spring of youth, “was in very great Passions of Grief some Days before his Death, because his second Wife, as he told me, was gone away from his Children.” His hanging would thus orphan a 14-year-old daughter and her three siblings all under 10 years of age. John Filewood, an admitted career criminal, regretted “having brought so much Disgrace to his good Mother and Sister, and not taking Warning at the untimely Death of his Brother, who was taken off much earlier in his Sins.”** And Martin Gray, a 22-year-old illiterate fisherman,

was greatly frighted, least his Body should be cut, and torn, and mangled after Death, and had sent his Wife to his Uncle to obtain some Money to prevent it. I cannot mention much of his good Behaviour; but before he died, he seem’d very much concerned; and told me, he had taken all Opportunities to hear his Fellow Prisoners read, and to pray with them; and that he hoped God would take Pity on him, a poor ignorant and foolish Fellow, and not throw him into Hell.

* Australia only became the convict destination of choice after the American Revolution closed those ex-colonies to the human traffic.

** James Filewood, who was hanged on Halloween 1718.

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1721: William Spigget, after peine forte et dure

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English courts during the Bloody Code were strewn with all manner of weird pre-modern juridical relics, among which one must surely number the peine forte et dure — the “hard and forceful penalty” applied by courts against a defendant who refused to submit a plea.

The jurisdiction of criminal courts that we take for granted today initially emerged opposite potentially rival legal mechanisms for dispute resolution: ecclesiastical courts, weregild, even trial by combat. In principle, a defendant entering a plea at the bar was submitting himself to the specific jurisdiction of the court … a submission that, in principle, he could decline.

The march from that point to the present — when refusing to plead means the court simply enters an automatic “not guilty” plea on your behalf — consisted of gradually making the principle impossible in practice by dint of physical violence to force open the prisoner’s lips. It doesn’t matter if you lift a finger to defend yourself at trial, Mack, but we need you to say “guilty” or “not guilty” first.

The French term itself dates to a statute of Edward I in 1275, under the heading “The Punishment of Felons refusing lawful Trial” — one of those situations where the existence of the legislation proves the existence of the phenomenon. “Notorious Felons, and which openly be of evil Name,” the text complains, “will not put themselves in Enquests of Felonies, that Men shall charge them with before the Justices at the King’s Suit, shall have strong and hard Imprisonment (la prisone forte et dure), as they which refuse to stand to the Common Law of the Land.”

The text’s language suggests close confinement, fetters and guards, crummy rat-gnawed rations in the dumpiest hole of the dungeon: probably the king who introduced hanging, drawing, and quartering could make “hard imprisonment” quite persuasively uncomfortable.

But by the time of Queen Elizabeth, the state saw the need to narrow this potential refuge from the law down to the size of a pinprick. From the 16th century, we find that a special form of torturing to death is designed for prisoners refusing to plead:

the Prisoner is laid in a low dark Room in the Prison, all naked but his Privy Members, his Back upon the bare Ground his Arms and Legs stretched with Cords, and fastned to the several Quarters of the Room. This done, he has a great Weight of Iron and Stone laid upon him. His Diet, till he dies, is of three Morsels of Barley bread without Drink the next Day.*

“Which grievous death some resolute Offenders have chosen,” we understand, “to save their Estates to their Children.” Even this potential pecuniary loophole — the one once sought by Salem witch trials victim Giles Corey when he preferred pressing to death to the certainty of condemnation as a warlock — had vanished, for “in case of High Treason, the Criminal’s Estate is forfeited to the Sovereign, as in all capital Crimes, notwithstanding his being pressed to Death.”

The crown was trying to open an impassable gap between theory and practice, and it was accomplishing that end: this stuff happened once in a blue moon.

People threatened to withhold their plea, sure. What would follow is that a judge would read out in chilling detail everything that was about to befall the fellow (it was usually a fellow, though not always), then a bailiff would seize him and painfully tie his thumbs together right there in court, then march him off to the staking-out room to get things ready. Just showing the instruments of torture was the first rung on the torture-ladder, and usually somewhere in this whole process the defendant — be he ever so hardened — would chicken out and agree to make a plea before the first weight was ever loaded onto his torso.

Usually.

A Tyburn hanging is the focus of this post: it’s a mass execution of seven souls on the 8th of February in 1721. So the peine forte et dure did indeed do its job, force its plea, and noose its man.

But even though William Spigget/Spiggot died at the end of a rope, he was the rare soul who did go so far as to force the awful pressing torture, and to endure it for a little while.

Spigget led a robber gang of eight or so men preying on the roads out of London; one of those men, Thomas Phillips aka Thomas Cross, hanged alongside his boss. They had been caught only days before their eventual trial on January 13, and Spigget bravely, stubbornly, or foolishly refused to submit his plea. (Cross at first refused too, but he was in the chicken-out camp.)

The Ordinary of Newgate, plainly struck by the experience (and not a little aware of its potential to move copy), dwelt at greater length on Spigget’s 30 minutes under the stones than he did on the whole lives of some of the other February 8 hang-day compatriots.

Before he was Put into the Press, I went to Him, and endeavour’d to dissuade him, from being the Author and Occasion of his own Death; and from cutting Himself off from that Space and Time which the Law allowed Him, to repent in, for his vicious Course of Life: He then told me, that if I came to take Care of his Soul, he would regard Me, but if I came about his Body, he desired to be excused, he could not hear one Word. After a while, I left him, and when I saw him again, it was in the Vault, upon the bare Ground, with the Weights (viz. 350 pounds) upon his Breast. I there pray’d by him; and at Times ask’d him, why he would destroy his Soul as well as Body, by such an obstinate Kind of Self-Murder:** All his Answer was, Pray for Me; Pray for Me! In the Midst of his Groans, he sometimes lay silent, as if Insensible of Pain; then would fetch his Breath very quick and fast. Two or three Times, he complained that they had laid a cruel Weight on his Face; tho’ nothing was upon his Face, but a thin Cloth; That was however remov’d and laid more light and hollow; but he still complain’d of the prodigious Weight they had laid upon his Face; which might be occasion’d by the Blood being flush’d and forc’d up into his Face, and pressing as violently against the Veins and small Tendrills there, as if the Pressure upon them had been externally on his Face. When he had continu’d about half an Hour in the Torture, and 50 pound more of Weight had been laid on his Breast, he told the Justice of Peace who committed him, and myself, That he would Plead.

Having thus been awed by 400 pounds of the law’s majesty — and restored to something like sensibility with a splash of brandy, and several days’ rest during which Spigget’s post-ordeal health at times turned so precarious that he besought the last sacrament — both the apex robber and his henchman were easily convicted of several specific robberies upon the roads. One victim was able to identify the two as his assailants; in other cases, specific victims’ stolen goods were recovered from Spigget’s own lodgings, like Neal Sheldon’s valuable wig. Any one of these crimes would have been good enough to hang them.

Showing honor among thieves, the two men concentrated their few remarks on clearing a third confederate tried with them: the evidence against William Heater being circumstantial, and Spigget and Cross insisting that he was more incidental flunky than accomplice, his neck went un-stretched.

So why endure the hard and forceful penalty at all? By all appearances Spigget’s reason in the end resolved to pride: a violently exaggerated performance of the same criminal bravado that led so many of his peers to make a show of dying game at the gallows. “The Reasons, as far as I could learn from Him,” the Ordinary reported,

were, That he might preserve his Effects, for the use of his Family; That it might not be urged to his Children, that their Father was hanged; and that — Linsey should not tryumph over him, by saying he had sent him to Tyburn.

(Joseph Lin(d)sey was a former fellow-robber who saved his own life by turning crown’s evidence against his former mates. Spigget, we are told, was particularly galled by this betrayal “because Spigget had once rescued him [Lindsey] when he was nigh being taken, and in the defending him was wounded, and in danger of his Life.”)

As we have noted, Blighty’s seizure laws had already made the first objective a nonstarter, which leaves our man aspiring to a desperate exertion of masculine defiance. The Spigget of his own mind’s eye was a knight of the road so scornful of death that he would even let them slowly crush him to death. He fell short on that score, but dared much more than anyone had done in years, and no wonder: even the moments he endured as if hours might have been enough to shorten his years had he received an unlikely reprieve.

Sometimes he would say, that he wish’d he had dy’d in the Pressing, For that all sence of Pain was by the Pain taken from him, and he was fallen into a kind of Slumber. At other Times he express’d himself, that he was glad he did not cut himself off, by his Obstinacy, from that space the Law had allow’d him, for his Repentance, for the Sins of his whole Life.

On Monday, February 6, before the Execution, he receiv’d the Sacrament; and said that he desir’d not to Live, for he could be only a weak and unhealthy Man; and added that he could raise his Breath only in the lower Part of his Stomach

* This is not statutory language but that of a contemporary observer.

** The Ordinary really fixated on the suicide angle, just as if entering the trial were not an equally suicidal choice; the whole lot of the condemned got to hear as part of his sermon

That it was a False-Courage, for Malefactors assured that they shall dye, to lay violent Hands upon Themselves, to prevent the effects of the Law; and that if it was an Action fit for Socrates and Cato, and the greatest Heathens; it was yet too mean and indecent for the lowest Christian; as there is something Cowardly and Base, in cutting off our Lives, for fear of Pain and Shame. Nor would Sampson perhaps have obtain’d Licence from God, to Murder Himself, but that in his Person the Name of his God was mocked and ridiculed, and made a Jest for Dagon.

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1721: John Meff

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John Meff hanged at Tyburn on this date in 1721 for returning from convict transportation.

If we are to credit the autobiographical account that Meff furnished the Ordinary of Newgate prior to his hanging, it was the last act in an adventuresome life. (Here’s the Ordinary’s account of the execution of Meff with three other men; here’s the Newgate Calendar entry based upon it, and which provides the quotes ensuing in this post.)

“I was born in London of French parents,” Meff begins — Huguenots who had fled Catholic harassment.

Huguenot refugees formed an important part of London’s Spitalfields weavers, and Meff apprenticed in this business until he could hang out his own shingle. But finding business too slow to support his family, he took to a bit of supplementary thieving.

Meff says that he had already once been condemned to death for housebreaking “but, as I was going to the place of execution, the hangman was arrested, and I was brought back to Newgate.”

Certainly the era’s executioners had frequent criminal escapades, but I have not found this remarkable Tyburn interruptus related in any press accounts in the 1710s. It’s possible that Meff is embellishing on the 1718 downfall and execution of hangman John Price — though Price was seized red-handed and not detained in the exercise of his office. This inconsistency has not prevented creation of a wonderful illustration, The Hangman Arrested When Attending John Meff to Tyburn, from this volume.

At any rate, Meff’s sentence was moderated to transportation to the New World, and he says that he “took up a solemn resolution to lead an honest and regular course of life … But this resolution continued but a short time after the fear of death vanished.”

Here Meff’s story really gets colorful — whether to the credit of the unsettled Atlantic economy or to the teller’s gift for embroidery we cannot say.

The ship which carried me and the other convicts was taken by the pirates. They would have persuaded me and some others to sign a paper, in order to become pirates; but we refusing, they put me and eight more ashore on a desert uninhabited land, where we must have perished with hunger, if by good fortune an Indian canoe had not arrived there. We waited till the Indians had gone up the island, and then, getting into the vessel, we sailed from one small island to another, till we reached the coast of America.

Not choosing to settle in any of the plantations there, but preferring the life of a sailor, I shipped myself on board a vessel that carried merchandise from Virginia and South Carolina to Barbadoes, Jamaica, and other of his majesty’s islands. And thus I lived a considerable time; but at last, being over-desirous to see how my wife and children fared inEngland, I was resolved to return at all adventures.

Once back, Meff says, he “quickly fell into my former wicked practices” — as if by gravity, no further explanation ventured. It’s hard not to suspect that he simply managed to escape his American indenture to continue a career in larceny, absent the whole marooned-by-pirates subplot. Men were known to tell tall tales to the Ordinary — who, after all, had their own story to sell the public through the deaths of their charges.

“The narrow escape he had experienced from the gallows ought to have taught him more wisdom than to have returned from transporation before the expiration of his time; but one would think there is a fatality attending the conduct of some men, who seem resolutely bent on their own destruction,” the Newgate Calendar’s entry concludes.

“One truth, however, is certain. It is easy, by a steady adherence to the rules of virtue, to shun that ignominious fate which is the consequence of a breach of the laws of God and our country.”

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1721: Christiana Bell

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

The story of Christiana Bell’s execution in Gloucester County in modern-day New Jersey on or shortly before November 21, 1721, begins in 1703. That was the first time she was accused of infanticide: they had found a dead baby and Christiana, a domestic servant who was probably only in her teens at the time, came under suspicion because she had been pregnant out of wedlock and was suddenly not pregnant but with no infant to show for it.

Her trial in 1703 was presided over by Edward Hyde, Lord Cornbury, 3rd Earl of Clarendon, governor of the New York and New Jersey colonies. She was convicted and sentenced to death. However, Lord Cornbury took pity on her — perhaps because of her youth, or maybe there were doubts about her guilt — and first commuted the death sentence, then issued a full pardon. Christiana returned home, having spent fourteen months behind bars but not stretched her neck.

She didn’t learn the lesson Lord Cornbury might have wanted her to learn from her fortuitous escape.

In 1720, she was rearrested for the exact same crime: she’d gotten pregnant out of wedlock again, delivered a live baby and did away with it.

Christiana very nearly got lucky again: her death sentence was suspended and she got a chance to plead her case before New Jersey Supreme Court on May 2, 1721. Today, appeals in capital cases are automatic; in Christiana’s time, this was an unusual and perhaps unprecedented legal maneuver.

Unfortunately, it backfired on her: the prosecution was ready with witnesses who testified about Christiana Bell’s notorious past and her prior conviction and death sentence. This time there would be no reprieve.

The exact date of her execution is not known for certain, but on November 21, 1721, the Gloucester County Board of Freeholders approved funds to reimburse the sheriff for expenses he’d incurred in hanging her.

See Legal Executions in New Jersey: A Comprehensive Registry, 1691-1963.

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1721: Joseph Hanno, “miserable African”

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

On this date in 1721, Joseph Hanno was hanged in Boston, Massachusetts for the murder of his wife, Nanny.

He’d killed her “in a very barbarous manner” on November 10 the previous year: while she was getting ready for bed, he struck her twice in the head with the blunt end of an ax and then slit her throat. He made a feeble attempt to pass the murder off as a suicide, but the coroner’s jury was not fooled.

“Could Hanno expect a fair trial in a Massachusetts court?” asks Mark S. Weiner in his book Black Trials: Citizenship from the Beginnings of Slavery to the End of Caste.

Perhaps surprisingly, Weiner believes the answer is yes:

In general, free black men received rather even treatment in the New England judicial system, at least at this period … They were entitled to the full range of legal rights, with the important exception of the ability to serve on juries. There also was no marked inequality between the punishments they received and those of white convicts. And though Hanno, in particular, certainly faced hostility and anger in the courtroom, in [Judge Samuel] Sewall, he was facing no irredeemably biased magistrate; in fact, years earlier, Sewall had written the first antislavery pamphlet published in the American Northeast.

Weiner notes that Hanno “had no defense counsel, for at the time the institution was almost unknown.” He may have hoped to beat the rap because there were no witnesses to the murder. But the jury convicted him and the judge pronounced the sentence of death.

Ultimately, Hanno himself admitted his guilt.

Other than her name, nothing is known about the victim in this case. But we know something about the perpetrator because of a sermon preached at the time of his execution and distributed in pamphlet form under the bombastic title of “TREMENDA: The DREADFUL SOUND with which the WICKED are to be THUNDERSTRUCK, Delivered upon the Execution of a MISERABLE AFRICAN for a most inhumane and uncommon MURDER.”

The sermon was promulgated by none other than Cotton Mather, the Puritan minister noted for his role in the Salem witchcraft trials. (Old Cotton really got around the gallows back in his day.)

Hanno had been brought over from Africa on a slave ship as a child and grew up in slavery. He was freed in 1707, when he was about forty years old, and then settled down in Boston with his wife.

He was literate and his masters brought him up as a Christian, and he enjoyed “vain gloriously Quoting of Sentences” from the Bible. Indeed, when Cotton Mather offered spiritual counsel to the condemned, Hanno boasted, “I have a great deal of knowledge. Nobody of my color, in old England or new, has so much.”

Replied the minister (without apparent irony), “I wish you were less puffed up with it.”

Hanno himself seems to have subscribed to the “slippery slope” theory of criminality. A newspaper account of his execution says he

hoped that all Mankind would take warning by him to keep themselves from committing such Sin & Wickedness as he was guilty of, particularly, Sabbath-breaking and willful Murder, the one being the Ringleader to the other, for which last he was justly Condemned, which had he not been guilty of the first he might probably have never committed the second.

An aside: although he may have been the only person executed that day, Joseph Hanno didn’t stand alone on the gallows.

At the same time a white woman did public penance on the same gallows. Her crime: giving birth to a child of mixed race. This being considered the lowest depth of self-degradation (especially if the father was a Negro), the woman was made to sit on the gallows with a noose around her neck — a sign of extreme disgrace. Then she was whipped through the streets until her back was raw. (Source)

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1721: Jean-Pierre Balagny, Cartouche lieutenant

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On this day in 1721, Jean-Pierre Balagny, alias Capuchin, was broken on the wheel in Paris. He was one of the lieutenants and boon companions of legendary French outlaws Cartouche.

We have noted that that renowned bandit crowned his fame at the last by enduring all tortures, only to voluntarily give up the names of his companions as he approached the scaffold and perceived that they had failed to arrange a rescue.

“Capuchin”, who was with Cartouche when he was captured and subject to much the same interrogation, proved as good as his captain. He, too, endured the boot without breaking. And he, with two companions, likewise reached the scaffold and only there coughed it up.

They gave information as to their accomplices, and made, at the foot of the scaffold, confessions which torture had failed to elicit from them.

They implicated so many persons, that another series of trials began, which lasted as long as the declarations of convicted prisoners compromised other persons, and threw new light on the immense ramifications of an association of miscreants which had for many years defied the police. More than sixty persons were under lock and key at the time of the execution of Cartouche and Balagny. This number increased every day in consequence of the confession of those who hoped to save their lives by denouncing their accomplices, and in June of the following year it rose to one hundred and fifty … all this blood, instead of washing the affair away, seemed rather to make it more serious. Every day brought to light some new discovery; and this shows how profoundly mistaken were those who denied that Cartouche, the centre and wire-puller of this horrible association, possessed the organising spirit without which he could not have extended this immense net over the Parisian society.

One is left to infer from this entry in the memoirs of the Parisian hereditary executioner-family Sanson that Balagny likewise did in his friends over some ornate notion of honor … although if the anecdote is true, one could as easily suppose any number of less “creditable” reasons.

At any rate, Balagny’s evidence added to that of Cartouche’s snowballed into a bloody cycle of tortures and executions and fresh denunciations over the year to come.

Of course, getting rid of all the criminals did not get rid of crime.

“In spite of the executions at La Greve, there are more thieves than ever in Paris,” lamented one observer (quoted here). “Cartouche has died on the wheel; but his name and memory engender robbers.”

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