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1685: Elizabeth Gaunt, for refuge

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(Thanks to Thomas Babington Macaulay for the guest post on “the blackest [case] which disgraced the sessions” prosecuting the Rye House Plot to kidnap and murder King Charles II and his Catholic brother soon-to-be-heir James. It originally appeared in Macaulay’s History of England. -ed.)

Among the persons concerned in the Rye House plot was a man named James Burton. By his own confession he had been present when the design of assassination was discussed by his accomplices.

When the conspiracy was detected, a reward was offered for his apprehension. He was saved from death by an ancient matron of the Baptist persuasion, named Elizabeth Gaunt.

This woman, with the peculiar manners and phraseology which then distinguished her sect, had a large charity. Her life was passed in relieving the unhappy of all religious denominations, and she was well known as a constant visitor of the gaols.

Her political and theological opinions, as well as her compassionate disposition, led her to do everything in her power for Burton. She procured a boat which took him to Gravesend, where he got on board of a ship bound for Amsterdam. At the moment of parting she put into his hand a sum of money which, for her means, was very large.

Burton, after living some time in exile, returned to England with Monmouth, fought at Sedgemoor, fled to London, and took refuge in the house of John Fernley, a barber in Whitechapel.

Fernley was very poor. He was besieged by creditors. He knew that a reward of a hundred pounds had been offered by the government for the apprehension of Burton. But the honest man was incapable of betraying one who, in extreme peril, had come under the shadow of his roof.

Unhappily it was soon noised abroad that the anger of James was more strongly excited against those who harboured rebels than against the rebels themselves. He had publicly declared that of all forms of treason the hiding of traitors from his vengeance was the most unpardonable. Burton knew this. He delivered himself up to the government; and he gave information against Fernley and Elizabeth Gaunt.

They were brought to trial. The villain whose life they had preserved had the heart and the forehead to appear as the principal witness against them.

They were convicted. Fernley was sentenced to the gallows, Elizabeth Gaunt to the stake. Even after all the horrors of that year, many thought it impossible that these judgments should be carried into execution. But the King was without pity. Fernley was hanged. Elizabeth Gaunt was burned alive at Tyburn on the same day on which Cornish suffered death in Cheapside.

She left a paper written, indeed, in no graceful style, yet such as was read by many thousands with compassion and horror. “My fault,” she said, “was one which a prince might well have forgiven. I did but relieve a poor family; and lo! I must die for it.”

She complained of the insolence of the judges, of the ferocity of the gaoler, and of the tyranny of him, the great one of all, to whose pleasure she and so many other victims had been sacrificed. In so far as they had injured herself, she forgave them: but, in that they were implacable enemies of that good cause which would yet revive and flourish, she left them to the judgment of the King of Kings.

To the last she preserved a tranquil courage, which reminded the spectators of the most heroic deaths of which they had read in Fox. William Penn, for whom exhibitions which humane men generally avoid seem to have had a strong attraction, hastened from Cheapside, where he had seen Cornish hanged, to Tyburn, in order to see Elizabeth Gaunt burned. He afterwards related that, when she calmly disposed the straw about her in such a manner as to shorten her sufferings, all the bystanders burst into tears.

It was much noticed that, while the foulest judicial murder which had disgraced even those times was perpetrating, a tempest burst forth, such as had not been known since that great hurricane which had raged round the deathbed of Oliver. The oppressed Puritans reckoned up, not without a gloomy satisfaction the houses which had been blown down, and the ships which had been cast away, and derived some consolation from thinking that heaven was bearing awful testimony against the iniquity which afflicted the earth. Since that terrible day no woman has suffered death in England for any political offence.

Newgate, 22d of Octob. 1685.

Mrs. Gaunt’s Speech, written the Day before her Sufferings.

Not knowing whether I should be suffered or able, because of Weaknesses that are upon me through my hard and close Imprisonment, to speak at the Place of Execution; I writ these few Lines to signifie, That I am well reconciled to the Way of my God towards me, though it be in Ways I looked not for; and by Terrible Things, yet in Righteousness; having given me Life, he ought to have the disposing of it, when and how he pleases to call for it; and I desire to offer up my AH to him, it being but my reasonable Service; and also the first Terms that Jesus Christ offers, that he that will be his Disciple, must forsake all, and follow all; and therefore let none think hard, or be discouraged at what hath happened at me; for he doth nothing without Cause, in all he hath done to us, he being holy in all his Ways, and righteous in all his Works; and ’tis but my Lot in common with poor desolate Sion at this Day.

Neither do I find in my Heart the least Regret for what I have done in the Service of my Lord and Master Jesus Christ, in succouring and securing any of his poor Sufferers, that have shewed Favour to his righteous Cause: Which Cause, though now it be fallen and trampled upon, as if it had not been anointed, yet it shall revive, and God will plead it at another Rate than ever he hath done yet, and reckon with all its Opposers and malicious Haters; and therefore let all that love and fear him, not omit the least Duty that comes to Hand, or lyes before them, knowing that now it hath need of them, and expects they shall serve him.

And I desire to bless his holy Name, that he hath made me useful in my Generation to the Comfort and Relief of many Desolate Ones, and the Blessing of those that are ready to perish has come upon me, and being helpt to make the Heart of the Widow to sing. And I bless his holy Name, that in all this, together with what I was charged with, I can approve my Heart to him, that I have done His Will; tho’ it does cross Man’s Will, and the Scriptures that satisfie me are. Isaiah 16. 4, Hide the Outcasts, betray not him that wandereth. And Obad. 13 14, Thou shouldst not have.given up those of his that did escape in the Day of his Distress.

But man says, You shall give them up, or you shall die for it. Now who to obey, judge ye.

So that I have Cause to rejoyce and be exceeding glad, in that I suffer for Righteousness Sake, and that I am accounted worthy to suffer for Well-doing, and that God has accepted any Service from me, which has been done in Sincerity, tho’ mixed with manifold Infirmities, which he hath been pleased for Christ’s Sake to cover and forgive.

And now as concerning my Fact, as it is called, alas it was but a little one, and might well become a Prince to forgive; but he that shews no Mercy, shall find none: And I may say of it in the Language of Jonathan, I did but taste a little Honey, and lo I must die for it. I did but relieve an unworthy, poor, distressed Family, and lo I must die for it.

Well, I desire in the Lamb-like Gospel Spirit to forgive all that are concerned, and to say, Lord, lay it not to their Charge; but I fear he will not: Nay, I believe when he comes to make Inquisition for Blood, it will be found at the Door of the furious Judge; who, because I could not remember Things through my Dauntedness at Burton’s Wife’s and Daughter’s Vileness, and my Ignorance, took Advantage thereat, and would not hear me, when I had called to Mind that which I am sure would have invalidated their Evidence; tho’ he granted something of the same Nature to another, yet denied it to me.

My Blood will also be found at the Door of the unrighteous Jury, who found me Guilty upon the single Oath of an Out-lawed Man; for there was none but his Oath about the Money, who is no legal Witness, though he be pardoned, his Out-lawry not being’ recalled; and also the Law requires two Witnesses in Point of Life: And then about my going with him to the Place mentioned, ’twas by his own Words, before he was Out-lawed, for ’twas two Months after his absconding; and tho’ in a Proclamation, yet not High Treason, as I have heard; so that I am clearly murdered by you.

And also Bloody Mr. A. who has so insatiably hunted after my Life; and though it is no Profit to him, through the ill Will he bore me, left no Stone unturned, as I have Ground to believe, till he brought it to this; and shewed Favour to Burton, who ought to have died for his own Fault, and not bought his own Life with mine; and Capt. R. who is cruel and severe to all under my Circumstances, and did at that Time, without all mercy or Pity, hasten my Sentence, and held up my Hand, that it might be given; all which, together with the Great One of all, by whose Power all these, and a Multitude more of Cruelties are done, I do heartily and freely forgive, as against me; but as it is done in an implacable Mind against the Lord Christ, and his righteous Cause and Followers, I leave it to him who is the Avenger of all such Wrongs, who will tread upon Princes as upon Mortar, and be terrible to the Kings of the Earth: And know this also, that though ye are seemingly fixt, and because of the Power in your Hand, are writing out your Violence, and dealing with a despiteful Hand, because of the old and new Hatred; by impoverishing and every Way distressing of those you have got under you; yet unless you can secure Jesus Christ, and all his Holy Angels, you shall never do your Business, nor your Hands accomplish your Enterprizes; for he will be upon you ere you are aware; and therefore, O that you would be wise, instructed and learn, is the Desire of her that finds no Mercy from you,

Elizabeth Gaunt.

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1771: Mary Jones, hanged for shoplifting

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(Thanks to Richard Clark of Capital Punishment U.K. for the guest post, a reprint of an article originally published on that site with some explanatory links added by Executed Today. CapitalPunishmentUK.org features a trove of research and feature articles on the death penalty in England and elsewhere. -ed.)

Mary was thought to be about eighteen or nineteen years old but was already married with two children when her husband, William, was press ganged into the Navy to go to the Falkland Islands, leaving her virtually destitute. She lived with her friend Ann Styles in Angel Alley in the Strand and was at times reduced to begging to feed herself and the infants. It is said that she had her baby with her in the cart as she was taken to Tyburn to be hanged.

There had been a spate of shoplifting incidents in Ludgate Street area of London during 1771 and the shop keepers were on high alert and keeping watch for suspects. On Wednesday the 7th of August Mary, with one of her children in tow and Ann Styles went on a shop lifting expedition in the Ludgate Street. They may have other accomplices with them although no one else was arrested. Mary and Ann were observed going in and out of a large number shops. Thomas Ham, a shopkeeper himself and a witness at the trial, was suspicious of their activities and kept a close eye on them. He estimated that he had seen them go into as many as fifteen shops in the street, between three o’clock and six o’clock that afternoon. Finally the pair went to the drapery shop owned by a Mr. William Foot and expressed interest in buying a child’s frock. Nothing that they were shown appeared to be what they wanted and Mary made to leave the shop but Mr. Foot’s assistant, Christopher Preston, noticed that she had something concealed under her cloak. He went after her and brought her back into the shop where he discovered she had concealed four pieces of worked muslin which she had taken from the counter. Christopher Preston told the other assistant, Andrew Hawkins, to fetch a constable while he kept the women in the shop. The constable arrested them both and they were taken to the Compter (a local lock up jail).

Both women were charged under the Shoplifting Act with the theft of the muslin which was valued at £5. 10s. (£5.50) The actual offence at this time being called “privately stealing in a shop”. The value of the goods stolen, being more than five shillings (25p), made it a capital crime. The pair were tried at the Sessions of the Old Bailey held on Wednesday the 11th of September 1771, Thomas Ham, Christopher Preston and Andrew Hawkins each giving evidence for the prosecution.

Mary and Ann were permitted to speak in their own defence. Mary told the court of her struggle to support two children without her husband and that she had always been an honest woman.

Ann told the court that she had merely gone with Mary to by the child’s clothes and that she had nothing to do with the theft.

The trial lasted no more than two hours and Mary was convicted as she was actually in possession of the stolen items but Ann was acquitted. Mary received the mandatory death sentence and was transferred to Newgate to await her trip to Tyburn. When the Recorder of London prepared his report for the King and Privy Council there was no recommendation to mercy for Mary, despite her age and circumstances. As was normal for non murder cases she was to spend some time in the Condemned Hold until the next “hanging day”. She would have been regularly attended by John Wood, the then Ordinary (Newgate’s prison chaplain) and would have been expected to attend Sunday religious services. She and the other condemned criminals had a special area in the centre of the chapel, surrounded by a high partition so that they could not be seen by or communicate with the other prisoners. On the table in front of them was a coffin!

On the morning of Wednesday the 16th of October she was brought to the Press Yard of Newgate where the halter noose was put round her neck and her arms tied to her body with a cord above the elbows. She was made to get into the cart and sit on her own coffin.

With her for her last journey were four men, James Allen who had been convicted of stealing in a dwelling house, William Penn, Richard Thompson and John Hughes who had all been convicted of highway robbery.

The procession consisting of a court officer responsible for prisoners, Reverend John Wood, the Ordinary, the hangman and his assistants and a troop of javelin men started out for Tyburn, about two and a half miles away. The procession made its slow and bumpy passage along Holborn, St. Giles, and the Tyburn Road (now called Oxford Street), to Tyburn itself near what is now Marble Arch. A stop was often made at St. Sepulchre’s Church where the bell would be tolled, and the minister would chant, “You that are condemned to die, repent with lamentable tears; ask mercy of the Lord for the salvation of your souls.” As the procession passed on, the minister would tell the audience, “All good people, pray heartily unto God for these poor sinners who are now going to their death, for whom the great bell tolls.” Here friends might present the criminals with small nosegays (bunches of flowers).

Stops were made at two public houses along the way, probably the Bowl Inn at St Giles and the Mason’s Arms in Seymour Place, where the condemned would be allowed an alcoholic drink. Once they left the second pub it was a short journey to the gallows.

On arrival at Tyburn around noon, some two to three hours after they had left Newgate, the prisoners were greeted by a large crowd.

Mary’s cart was backed under one of the three beams of the gallows and Edward Dennis, the hangman, uncoiled the free end of the rope from her body and threw it up to one of his assistants balanced precariously on the beam above. They tied the rope to the beam leaving very little slack. The Ordinary prayed with her and when he had finished the hangman would have pulled a night cap over her face if she had been able to afford one. As you can imagine the preparations took quite some time where a batch of five prisoners was being hanged.

When everything was ready, the City Marshall gave the signal and the horses were whipped away, pulling the prisoners off the carts and leaving them suspended. They would only have a few inches of drop, at most and thus many of them would writhe in convulsive agony for some moments, their legs paddling the air — “dancing the Tyburn jig” as it was known, until unconsciousness overtook them. The hangman, his assistants and sometimes the prisoners’ relatives might pull on the prisoners’ legs to hasten their end. It is not recorded whether or not Mary struggled or was one of the fortunate few who quickly became still. The five bodies were left to hang for an hour before being cut down and claimed by relatives or friends and taken for burial.

One can well understand why the law in this period in history is now referred to as the Bloody Code. Of the two hundred and ninety four people executed at Tyburn in the decade from 1765 to 1774 only twenty five were to die for murder and three for rape. The rest mostly suffered for various types of property related crime, such as highway robbery, burglary, housebreaking and forgery.

It seems amazing today that a young mother should be hanged for what would now considered to be a minor crime, yet in 1771 nobody would have thought anything of it — it was a regular and perfectly normal event. If it was Mary’s first offence, as she claimed, she would probably get a community service order now, especially as he had dependant children. However Georgian justice was being applied increasingly severely at this time. Sixty-two men and six women received the death sentence during this year, of whom thirty four of the men and one of the women, Frances Allen, were to share Mary’s fate. Frances Allen was hanged on Wednesday the 7th of August for housebreaking.

A few years later her case was raised in Parliament by Sir William Meredith, the Whig Member for Liverpool, when he was opposing a motion to make yet another offence capital. He told the House that he did not believe “a fouler murder was ever committed against law, than the murder of this woman by law”. His eloquence was to no avail however and the Bill was carried.

It is a circumstance not to be forgotten, that she was very young, (under nineteen) and most remarkably handsome. She went to a linen draper’s shop, took some coarse linen off the counter, and slipped it under her cloak. The shopman saw her, and she laid it down again. For this she was hanged. Her defence was, ‘that she lived in credit, and wanted for nothing, till a press-gang came, and stole her husband from her—but since then she had no bed to lie on, nothing to give her two children to eat, and they were almost naked: and perhaps she might have done something wrong, for she hardly knew what she did.’ The parish officers testified the truth of this story. But it seems there had been a good deal of shop-lifting about Ludgate; an example was necessary — and the woman was hanged for the comfort and satisfaction of some shopkeepers in Ludgate-street. When brought to receive sentence, she behaved in such a frantic manner as proved her to be in a distracted and desponding state; and the child was sucking at her breast when she set out for Tyburn gallows! Let us reflect a little on this woman’s fate. The poet says, “An honest man’s the noblest work of God.” He might have said, with equal truth, that a beauteous woman is the noblest work of God. But for what cause was God’s creation robbed of its noblest work? It was for no injury, but for a mere attempt to clothe two naked children by unlawful means. Compare this with what the State did, and what the law did. The State bereaved the woman of her husband, and the children of a father, who was all their support: the law deprived the woman of her life, and children of their remaining parent, exposing them to every danger, insult, and merciless treatment, that destitute and helpless orphans suffer, Take all the circumstances together, I do not believe that a fouler murder was ever committed against law, than the murder of this woman by law.

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