Everyone nowadays seems fascinated by the Victorian criminal underworld. From Ripper Street to Peaky Blinders, it seems people cannot get enough of murdered sex workers and brutal yet gentlemanly gangsters. We all now know the tropes: most of the action—murder, rape, theft, domestic violence—in these television dramas takes places at night in gas-lit slum courts and alleyways where downtrodden working-class people eke out a living on poverty.
In The 19th-Century Underworld: Crime, Controversy & Corruption, historian and novelist Stephen Carver, drawing upon a wide range of archival and literary sources, takes us on a journey through the seedy courts and sinister alleyways of the criminal underworld which existed during the nineteenth century. Yet while we today—as many Victorians did also—associate the idea of an underworld solely with the poor and destitute, Carver’s subtitle is significant: he examines the actual crimes which occurred in the period, taking us through the various laws which were passed against specific crimes theft and murder; he then takes us through a discussion of the controversysurrounding these crimes which was aired in the press and popular literature; and through his discussion of “white collar” crimes such as fraud, shows us how corruption reigned supreme in the higher echelons of society.
There are 9 chapters in total, each of which deals with a separate aspect of the various crimes and vices of the nineteenth-century underworld. Carver is also a novelist (see his other works), and it’s truly a blessing to have him bring his literary talents to a history book. I’ve read many academic histories on crime and many of them can end up reading a little drily, endlessly lost in theories and debates. Academic debates have their place in Carver’s history here, of course, but the reader is not overburdened with incomprehensible jargon from the likes of Michel Foucault—it seems literally every academic work on crime now feels obligated to cite the Foucault in some way or other these days.
Some of the events Carver recounts are unpleasant, but because he is a skilled writer he manifests a certain sensitivity in dealing with the more horrid aspects–child murders, for instance, are dealt with maturely and soberly. So this is not some rather rubbish true crime book–which always seem to be about ogling the foul deeds committed by brutes–but a well-written book which entertains where possible but treats the source material and subject (and the reader) with respect. I enjoyed all of the chapters, but I have to admit my favourite was chapter 5 on ‘The Real Oliver Twist’. He does not attempt to find a ‘real’ Oliver Twist in the manner that some would try and look for a ‘real’ Robin Hood; instead, he contextualises Dickens’s famous tale alongside contemporary high-profile cases and scandals such as baby farming, pick-pocketing epidemics, and the career of Ikey Solomon, a Jewish fence who almost certainly provided inspiration to Dickens for Fagin.
We find the ‘problem’ of prostitution laid bare to public view. While many true crime books often present sex workers as the helpless victims of fate, consigned forever to ply their trade on the rough street corners of the East End, Carver, refreshingly, at least gives some of these now long dead women some of their agency back—turns out some of them thoroughly enjoyed their profession and had no qualms about admitting it, as one ‘shrewd and clever’ girl told one of Henry Mayhew’s social investigators in the 1850s:
What are my habits? Why, if I have no letters or visits from any of my friends, I get up about four o’clock, dress (“en dishabille”) and dine; after that I may walk about the streets for an hour or two, and pick up any one I am fortunate enough to meet with, that is if I want money; afterwards I go to the Holborn, dance a little, and if any one likes me I take him home with me, if not I go to the Haymarket, and wander from one café to another, from Sally’s to the Carlton, from Barn’s to Sam’s, and if I find no one there I go, if I feel inclined, to the divans. I like the Grand Turkish best, but you don’t as a rule find good men in any of the divans. Strange things happen to us sometimes: we may now and then die of consumption; but the other day a lady friend of mine met a gentleman at Sam’s, and yesterday morning they were married at St. George’s, Hanover Square. The gentleman has lots of money, I believe, and he started off with her at once for the Continent. It is very true this is an unusual case; but we often do marry, and well too; why shouldn’t we, we are pretty, we dress well, we can talk and insinuate ourselves into the hearts of men by appealing to their passions and their senses.”
She may have been classed as a ‘fallen woman’ by pompous moralists, but there was also a chance she could rise to the higher echelons of society through her profession as well.
Yet the nineteenth-century underworld was by no means a poor man’s world.
Many true crime books rehearse those well-known tropes of gas-lit seedy alleys on their front covers. Yet the first thing that strikes the purchaser of Carver’s book is that, instead of such dark streets or a picture from Gustave Doré, we get a splash of colour—an image of pugilists adorns the spine, while the centrepiece of the front cover shows a well-dressed gentleman chatting up a lass whose breasts are partially exposed, although the paperback edition has a slightly different image on the front from Egan’s work. These images are taken from Pierce Egan’s Life in London (1821)—the father of Pierce Egan the Younger (1814–80) whom I have written quite a lot about—and the images were a good choice because as Carver shows in his book, the underworld could be a very fun place if you had the money to enjoy the various attractions which London had to offer. It was a place where, as Egan said:
Every man of the most religious or moral habits, attached to any sect, may find something to please his palate, regulate his taste, suit his pocket, enlarge his mind, and make him happy and comfortable.
As Carver further points out:
In Life in London, the underworld is never represented by Egan as the menacing, gothic space it became to the Victorians. If [the characters of Life in London] wander somewhere scary, they do not hang around.
So, for a modestly priced volume which will soon be available in paperback as well, you too can, with Carver, navigate the seedy underworld of nineteenth-century London which could be both fun and frightening!
The popular song Mack the Knife was based upon the story of an eighteenth-century highwayman named Captain Macheath. This post traces the literary life of this fictional character.
Most people, at some point in their lives, will have heard the song Mack the Knife, which has been covered by a wide range of singers including Louis Armstrong (1901–71), my personal favourite, Bobby Darin (1936–73), Frank Sinatra (1915–98), and Roger Daltrey (1944–). Few people will realise, however, that the song is based upon the story of a fictional eighteenth-century highwayman named Captain Macheath, who first appeared in John Gay’s The Beggar’s Opera (1727) and whose story was subsequently reimagined in Bertold Brecht’s The Three-Penny Opera (1928).
Gay’s opera was essentially the first ‘jukebox musical’: it took the tunes of contemporary popular folk songs, changed their lyrics, and inserted them into the narrative. It tells the story of a womanising highwayman, Macheath, based upon the real-life thief, Jack Sheppard (1702–24), who has a romance with the daughter of the thief taker, Peachum. The latter is a character based upon Sheppard’s nemesis, Jonathan Wild (c. 1688–1725). As thief taker, Peachum controls all the crime in London in his capacity as the main law-enforcer, and has the power of life and death over his criminals. He takes exception to the proposed marriage between Macheath and his daughter and resolves to have him hanged. What follows is a comical tale of encounters with sex workers, escapes from gaol, until finally he is taken to be hanged. Instead of being hanged, however, the playwright steps on to the stage and proclaims a reprieve at the last moment, saving the heroic highwayman from the gallows.
The play did much to cement the image of the heroic highwayman in public consciousness with contemporary audiences, which built upon previous portrayals of some robbers as noble and generous in criminal biographies such as Alexander Smith’s History of the Highwaymen (1714) and Charles Johnson’s History of the Highwaymen (1734).[i] In turn, later highwaymen such as James Maclaine (1724–50) fashioned themselves as modern-day Macheaths in order to curry favour with the public. In his play, Gay had a wider point to make, however: he wanted to criticise the government; the leading ministers of state were no better than the corrupt thief takers who patrolled London’s streets and who, while they prosecuted certain small-scale, petty criminals, left larger crimes unpunished. Thus we see Peachum in the opening scene of The Beggar’s Opera singing:
A lawyer is an honest employment, so is mine. Like me too he acts in a double capacity, both against rogues and for ‘em; for ‘tis fitting that we should protect and encourage cheats, since we live by ‘em.[iii]
A particular target of Gay’s attacks in The Beggar’s Opera was the Prime Minister, Sir Robert Walpole (1676–1745). Widely viewed as corrupt, even though nobody ever managed to trace any particular frauds or embezzlements to him, to satirists in the eighteenth century he represented all that was wrong with the ruling aristocratic oligarchy.
(Portrayals of Captain Macheath/Mack the Knife through the Ages)
During the Victorian period, with the rise of the penny dreadful publishing industry, tales of highwaymen became immensely popular with both adults and youths of the lower middle and working classes. Dick Turpin (1705–39) appeared regularly in the columns of these cheap magazines, as did older highwaymen such as Robin Hood and the afore-mentioned Jack Sheppard. The actual stories differed little from other contemporary tales of highwaymen, being mostly full of daring adventures, escapes from the police, and the rescue of young maidens from aristocratic villains. Pierce Egan (1814–80), an author about whom I have written a lot on this website, authored Captain Macheath: The Highwayman of a Century Since (1840). Later anonymously-written penny dreadfuls include a long running serial in the magazine Tales of Highwaymen (1865–66), as well as Captain Macheath: The Prince of the Highway (1892), which is a virtual plagiarism of Egan’s earlier novel.
The song Mack the Knife does not appear in Gay’s opera, but appeared Brecht’s Three-Penny Opera. While in Gay’s earlier play, Macheath is a jovial and relatively good-natured fellow who flinches from using violence, Brecht gives us a Macheath, or a ‘Mack the Knife’ who, it is hinted, has a darker side to his character. This comes through most clearly in the song entitled Die Moritat von Mackie Messer, sung usually at the beginning of the play, which is the song we all know as Mack the Knife:
Murder, arson, and rape: all of these crimes are attributed to Macheath; even though he is the hero of the tale, he is certainly not as noble and gentlemanly as the Macheath of Gay’s story. The story of the play is essentially the same as The Beggar’s Opera, although it is set in Victorian London instead of Georgian London as Gay’s play was: Mack the Knife marries Polly Peachum, to the chagrin of her father Peachum who is an underworld crime lord; in concert with the Chief of Police, Peachum convinces the policeman to gather enough evidence to hang Mack. Eventually Mack is arrested and is taken to be hanged, but at the last minute a pardon arrives from Queen Victoria for him. He is released and is soon elevated to a Baronetcy, the implication being that he can now steal from people legally because he is a member of the aristocracy. Through this means, Brecht, a socialist, offers a critique of the corruption endemic in the modern capitalist city in which thieves are no better than the elites, which is a similar argument to that made by Gay almost two centuries before.
Later singers, such as the ones I pointed out in the introduction, adapted Brecht’s Moritat and gave it the title of Mack the Knife. We see a slight return in these later songs to a friendlier portrayal of Macheath, such as that contained in the Bobby Darin lyrics:
Oh, the shark, babe, has such teeth, dear
And it shows them pearly white
Just a jackknife has old MacHeath, babe
And he keeps it, ah, out of sight.
Ya know when that shark bites with his teeth, babe
Scarlet billows start to spread
Fancy gloves, oh, wears old MacHeath, babe
So there’s never, never a trace of red.
Now on the sidewalk, huh, huh, whoo sunny morning, un huh
Lies a body just oozin’ life, eek
And someone’s sneakin’ ’round the corner
Could that someone be Mack the Knife?
There’s a tugboat, huh, huh, down by the river don’tcha know
Where a cement bag’s just a’drooppin’ on down
Oh, that cement is for, just for the weight, dear
Five’ll get ya ten old Macky’s back in town
Now d’ja hear ’bout Louie Miller? He disappeared, babe
After drawin’ out all his hard-earned cash
And now MacHeath spends just like a sailor
Could it be our boy’s done somethin’ rash?
Now Jenny Diver, ho, ho, yeah, Sukey Tawdry
Ooh, Miss Lotte Lenya and old Lucy Brown
Oh, that line forms on the right, babe
Now that Macky’s back in town.
I said Jenny Diver, whoa, Sukey Tawdry
Look out to Miss Lotte Lenya and old Lucy Brown
Yes, that line forms on the right, babe
Now that Macky’s back in town
Look out, old Macky’s back
It appears that there are still heavy penalties for those who cross his path, but at least he does not rape women or burn whole families alive in their houses.
For those interested in seeing original versions of The Three-Penny Opera, see the following youtuve videos:
And the Roger Daltrey version of the movie can be found here:
[i] For a detailed and scholarly discussion of highwaymen and masculinity see the following: Erin Mackie, Rakes, Highwaymen, and Pirates: The Making of the Modern Gentleman in the Eighteenth Century (Baltimore: Johns Hopkins University Press, 2009). For further reading on The Beggar’s Opera (1728) see the following: Lucy Moore, The Thieves’ Opera (London: Penguin, 1997).
[ii] John Gay, The Beggar’s Opera, 3rd Edn (London: J. Watts, 1729), p. 1.
During the eighteenth and early nineteenth centuries, many criminals recorded in works such as Alexander Smith’s History of the Highwaymen (1714), and Charles Johnson’s History of the Highwaymen (1734), as well as his Lives of the Most Remarkable Criminals (1735) were said to have begun their criminal careers as unruly, or idle apprentices. The notorious Jack Sheppard (1702-1724) is said to have been apprenticed to a carpenter, but being of a wicked disposition fell out with his master, and began cohabiting with a prostitute, Edgeworth Bess, and thereafter commencing a criminal career.[i] Even when discussing Robin Hood, the authors cited above, in a complete break with the existing historical tradition, state that he was originally apprenticed to a butcher, but ‘being of a wicked, licentious inclination, he followed not his trade’.[ii] (Not a single Robin Hood text, from the medieval period to the eighteenth century, records the famous outlaw as having been a butcher, and eighteenth-century accounts are unusual in this respect).[iii] The figure of the idle apprentice received its most famous artistic representation in William Hogarth’s series of paintings entitled Industry and Idleness (1747).
One of the reasons why the idea of the unruly apprentice became a worrying figure was because, by going against his master, the delinquent youth was effectively signalling his intention to revolt against, not only his employer, but also the state and divine providence, ‘the concept that invokes hierarchical orders which support eighteenth-century life from the arrangement of the Cosmos to the distribution of wealth among the social classes’.[iv] The noted critic, John Richetti, for example, argues that the idle, or the “revolted apprentice”, ‘embodied furtive and unnatural longings for disruptive revolt […striking out] against social and moral restraints, against any sort of control from an external source’.[v] Moreover, when a certain criminal is represented in literature as having shunned hard work in his youth and preferring to follow a life of crime, this trope allowed the reader to view the felon’s criminality as part of an enduring strain of wickedness in the boy’s moral character, which early signs were present when he was young.
There were several factors which could induce initially virtuous young apprentices to fall into a life of criminality. First among these was the apprentice masters who, it was reasoned by some writers at the time, often failed to act as a moral guide for the youngsters. Often it is the dissolute habits of masters themselves which were assumed to have an adverse effect upon the minds of impressionable youths. For example, The Criminal Recorder; or, Biographical Sketches of Notorious Public Characters (1804-10), says that,
The evil habits of masters are in a great degree the means of corrupting apprentices. No sooner does an apprentice advance towards the last year of his time, than he thinks it incumbent on him to follow the example of his master by learning to smoke. This accomplishment acquired (according to his conception), he is a fit associate for those who frequent public houses.[vi]
Visiting public houses in the eighteenth and nineteenth centuries was not, and still is not, a marker of potential criminality of course, but the same writer goes on to argue that, although the master may visit respectable public houses, the apprentice, in order to avoid meeting with the master on a night out, must necessarily visit those places to which he knows that his master will not venture, namely, places of ill-repute where the apprentice ‘meets with depraved company’.[vii]
It is through frequenting such places of ill-repute that the youth first becomes ‘ensnared’.[viii] A major factor in apprentices’ fall from grace is when they first become acquainted with prostitutes in these low public houses, as The Criminal Recorder writes:
Having arrived at the age of puberty, and meeting with profligate females in those haunts of idleness, his passions become inflamed. The force of evil example overpowers him. He too becomes depraved – Money must be procured to supply his wants which are generated by depravity. Aided by the facilities held out by old iron shops, he pilfers from his master to supply those wants, or associates himself with thieves, whose acquaintance he made in the progress of his seduction.[ix]
It will be recalled that this is how the criminal career of Jack Sheppard began, through meeting a prostitute, at which point in his biography Daniel Defoe exclaims:
Sometimes thieves and prostitutes could collaborate together in robbing people to supply their wants, through a system known as the ‘buttock and file’. The woman would entice a respectable passer-by into a dark alley with the prospect of sex. Then her male partner would emerge out of the shadows, usually deal a blow to the gentleman, and rob him.
Yet the idea of the unruly apprentice who shunned hard work and became a criminal was very much a metropolitan idea. Fewer accounts of criminals from outside London record their having been apprentices initially. Much of this was down to the nightlife temptations that were on offer in the capital, which, combined with apprentices’ youth, could be a recipe for moral disaster. As the fictional Memoirs of George Barnwell (1817), based upon an earlier play entitled The London Merchant (1731), records:
The juvenile mind is constitutionally sanguine; and the imagination wanders into wild and fanciful expectations, before its exuberances have been repressed by reason, and its dangerous heat tempered by experience. In the critical season of youth, before prudence and judgement have assumed the sceptre in the bosom, fancy is too apt to “riot in pleasure,” and to revel in visionary delights, the offspring of its own ardour, and which, unless seasonable correctives are applied to keep them in check, may ultimately lead to practical excesses of the most unprincipled nature and dangerous tendency.[xi]
If not constantly on his guard, the unsuspecting apprentice could find himself drawn into the criminal underworld. The account of Robert Crouch, a footpad, in Johnson’s Lives of the Most Remarkable Criminals, tells the story of how he was initially apprenticed to a butcher in Newgate Market,
But as soon as he was out of it he addicted himself to gaming, drinking, and whoring, and all the other vices which are so natural to abandoned young fellows in low life.[xii]
And it was women, gaming, drinking, and crime that would, it was supposed, eventually lead the apprentice to the gallows, just as happens to Hogarth’s Idle Prentice at the end of his story. John Gay’s The Beggar’s Opera (1728), references, references ‘Marybone and the Chocolate Houses’ as being the ‘undoing’ of the highwayman, Captain Macheath.[xiii]
Of course, this was the eighteenth and early nineteenth centuries, and when it came to discussions of the luxuries and vices of the town in the public sphere, there was inevitably some class-based hypocrisy at play. The poorer classes might become criminal through indulging their passions at womanising, drinking, and gaming, but the sons of rich aristocrats, or rakes, which did the same, were rarely condemned as criminal. There are further comparisons to be made between the rake and the idle apprentice, one of them being the fact that neither could hold down a job, although of course the sons of the aristocracy had inherited wealth to fall back on. The image of the aristocratic rake is a recurring one throughout the eighteenth century. For example, in issue two of Joseph Addison’s Spectator magazine, one of the members of the fictional coffeehouse club is Will honeycomb, a man who is
Very ready at that sort of Discourse with which Men usually entertain Women. He has all his Life dressed very well, and remembers Habits as others do Men. He can smile when one speaks to him, and laughs easily. He knows the History of every Mode, and can inform you from which of the French King’s Wenches our Wives and Daughters had this Manner of curling their Hair, that Way of placing their Hoods; whose Frailty was covered by such a Sort of Petticoat, and whose Vanity to show her Foot made that Part of the Dress so short in such a Year. In a Word, all his Conversation and Knowledge has been in the female World.[xiv]
In his memoirs, William Hickey (1749-1830) records how he partook of the entertainment of the town, debauching one or two young maidens in the process.[xv] Generally seen as a bit of a cad, this type of man pursued the same pleasures of the town as the idle apprentice, but of course he was not condemned for it.
So what could be done to turn the unsuspecting eighteenth-century apprentice away from a life of crime, and inculcate respect for virtue, religion, and authority? One of the reasons that so many criminal accounts appeared in the eighteenth century is because, at a time of great public concern about the apparently ever-rising crime wave, they were intended as moralist texts. A person was supposed to read the account of the criminal and take lessons from his life. As Johnson in the preface to Lives of the Most Remarkable Criminals states,
My intention in communicating to the public the lives of those who, for about a dozen years past have been victims to their own crimes, is to continue to posterity the good effects of such examples, and by a recital of their vices to warn those who become my readers from ever engaging in those paths which necessarily have so fatal an end.[xvi]
Other solutions proposed by the author of The Criminal Recorder include stopping all apprentices’ wages, and making the apprentices entirely dependent upon their masters for food, drink, and lodging. To do otherwise is to ensure that the apprentice falls into a life of crime.[xvii]
Around the beginning of the nineteenth century, as the industrial revolution continued, the number of apprenticeships drastically declined. But instead of the unruly apprentice, public fears towards the emerging idea of the juvenile criminal. From the 1830s onwards, it would be figures such as the Artful Dodger and the Wild Boys of London, homeless pickpockets with no master, and eventually the hooligan from the late nineteenth century, that would be society’s cause for concern.
Header Image: Illustration of Jack Sheppard from The Criminal Recorder 4 Vols. (London: Cundee, 1804-10). Author’s Collection.
[i] Daniel Defoe, ‘The History of the Remarkable Life of John Sheppard’ in Defoe on Sheppard and Wild, edited by Richard Holmes (London: Harper, 2004), p. 4.
[ii] Alexander Smith, A History of the Lives and Robberies of the Most Notorious Highwaymen, edited by Arthur Heyward (London: Routledge, 1927), p. 408.
[iii] Stephen Basdeo, ‘Robin Hood the Brute: Representations of the Outlaw in Eighteenth-Century Criminal Biography’ Law, Crime and History 6: 2 (2016), pp. 54-70.
[iv] John Richetti, cited in Lincoln B. Faller, Turned to Account: The Forms and Functions of Late-Seventeenth- and Early Eighteenth-Century Criminal Biography (Cambridge: Cambridge University Press, 1987), p. 45.
In addition to my PhD thesis entitled ‘The Changing Faces of Robin Hood, c.1700-c.1900’ and my forthcoming book, The Mob Reformer: The Life and Legend of Wat Tyler (2018), I have also been contracted to author another book entitled The Lives and Exploits of the Most Noted Highwaymen, Rogues, and Murderers which is due to be published by Pen & Sword Books in September 2018.
It is envisaged as a cultural history of crime, being a readable and scholarly compendium of short biographies of the most notorious thieves, reprobates, rogues, and murderers throughout history. I will discuss whether Robin Hood was a real person, and I will introduce readers to Sawney Beane, the seventeenth-century Scottish cannibal whose story inspired the movie The Hills Have Eyes (1977).
The book will also contain several appendices such as a Dictionary of Thieves’ Cant, as well as several poems on highwaymen from historical works, such as the following one from William Harrison Ainsworth’s Rookwood (1834):
Of every rascal of every kind,
The most notorious to my mind,
Was the Cavalier Captain, gay Jemmy Hind
Which Nobody Can Deny
But the pleasantest coxcomb among them all,
For lute, oranto and madrigal,
Was the galliard Frenchman, Claude DuVall
Which Nobody Can Deny […]
Nor could any so handily break a lock,
As Sheppard, who stood on Newgate Dock,
And nicknamed the gaolers around him his flock
Which Nobody Can Deny
Nor did the highwayman ever possess,
For ease, for security, danger, distress,
Such a mare as Dick Turpin’s Black Bess! Black Bess!
Which Nobody Can Deny.
Having over the years also built up a collection of penny dreadfuls and criminal biographies, the book will also be profusely illustrated throughout with images taken from these rare items.
Below is a copy of the blurb which will appear on the back of the book:
“For as long as human societies have existed there have always been people who have always transgressed the laws of their respective societies. It seems that whenever new laws are made, certain people find ways to break them.
“This book will introduce you to some of the most notorious figures, from all parts of the world, who have committed heinous crimes such as highway robbery, murder, and forgery.
“Beginning with Bulla Felix, the Roman highwayman, this book traces the careers of medieval outlaws such as Robin Hood. Early modern murderers make an appearance such as Sawney Beane, whose story inspired the horror movie The Hills Have Eyes (1977). There is Jack Sheppard, an eighteenth-century criminal who escaped from prison on several occasions, and the ruffian Dick Turpin. There is the Scottish freedom fighter Robert Roy MacGregor, who was immortalised in Walter Scott’s Rob Roy (1817), as well as the Eastern European outlaw Janosik. Australian bushrangers such as Ned Kelly and the American Jesse James also make an appearance, along with many others whose names have become synonymous with crime and roguery.
“This book also includes an appendix of seventeenth- and eighteenth-century thieves’ canting language, as well as several historical poems, songs, and ballads relating to the subjects discussed, and the work is prefaced with an essay highlighting the significance of crime literature throughout history.”
Paper Read at Plymouth University Nineteenth-Century Studies Conference 23-24 June 2016.
Abstract. Robin Hood needs no introduction. He is the noble outlaw who steals from the rich to give to the poor, living a merry life in Sherwood Forest. Yet people often forget that Robin Hood was a criminal. Indeed, Robin Hood Studies are often seen as a class apart from traditional legal and criminal histories, perhaps because of their ‘popular’ nature. Undoubtedly, by the nineteenth century, Robin Hood emerged as a national hero, partly due to his glorification by Romantic-era writers such as Sir Walter Scott. Yet as my paper will show, there was always uneasiness in some Robin Hood texts between judging Robin’s good deeds on the one hand, and his criminality on the other. Writers explained this in various ways. Sir Walter Scott in Ivanhoe (1819) disapproved overall of Robin’s outlawry, but concluded that his actions were necessary for the safeguarding of the nation. Thomas Love Peacock in Maid Marian (1822) gave Robin an a detailed backstory, explaining that he was outlawed only because he was guilty of resisting oppressive Forest Laws, and hence there was justification for his criminal career. Pierce Egan, in Robin Hood and Little John (1840), chose not to portray Robin as an outlaw at all, but as a radical political fighter. Yet in these texts also, other outlaws who are not part of Robin’s band are depicted as murderous brutes. My paper thus argues that these moral judgments (and sometimes the absence of any type of judgment) upon Robin Hood’s outlawry were a way of separating one of England’s foremost national heroes, who was ultimately a criminal, from the ‘criminal class,’ a notion which gained currency during the nineteenth century and held that there was a certain underclass in society which was responsible for the majority of crime.
In the recent television series Arrow(which tells the tale of a superhero who is a skilled archer, dresses in green, wears a hood, and in some instances steals from the rich and gives to the poor) it is said that: ‘People forget that Robin Hood was a criminal’.  It was no different during the nineteenth century. Whilst there was a general understanding that Robin was an outlaw, he is usually represented in nineteenth-century literature, not as a common cut-throat but as a patriotic social bandit. He is loyal to the King, opposes the schemes of ‘bad’ Prince John who plots to take the English throne from Richard the Lion-heart, thereby upholding the true order.
If one studies representations of Robin Hood solely in canonical nineteenth-century texts such as Walter Scott’s Ivanhoe (1819), Thomas Love Peacock’s Maid Marian (1822), and Pierce Egan the Younger’s Robin Hood and Little John (1840), as this paper argues, Robin’s status as an outlaw was often downplayed. This was to distinguish him – England’s great national hero – from the regular criminals. This discussion is needed because, despite the fact that nineteenth-century novelists depicted Robin favourably, less-canonical texts were still ambivalent towards the legendary outlaw.
Many people will be familiar with the Scott’s Ivanhoe and Peacock’s Maid Marian, but just a few months prior to Ivanhoe an anonymous author published Robin Hood: A Tale of the Olden Time (1819).  Robin is no ordinary bandit in this novel, and in the lengthy introduction there is a deliberate effort to ensure that readers think Robin is better than ordinary highwaymen and banditti, declaring that he was ‘an innocent and harmless freebooter’.  The plot sees Robin cheated out of his Huntingdon estate by his villainous cousin, and left homeless. He subsequently becomes the leader of a band of men living in the forest. The circumstances of his outlawing are out of keeping with both the ballad tradition and novels that would come afterwards: he is outlawed because he interrupts a wedding and stops a bride marrying somebody she does not want to. For this deed Robin is seized by soldiers and reluctantly outlawed by his friend, the Sheriff of Nottingham. In another part of the novel, after he has been outlawed, Robin declares that the word ‘robber’ had ‘become hateful to his thoughts’. 
In Walter Scott’s Ivanhoe, the outlaw Robin of Locksley appears in only ten out of forty-four chapters in the novel, although he is to all intents and purposes its hero. In the preface to the novel, Scott declares that England should be as proud of its historic outlaw as Scotland was of Rob Roy:
The name of Robin Hood, if duly conjured with, should raise a spirit as soon as that of Rob Roy; and the patriots of England deserve no less their renown than the Bruces and Wallaces of Caledonia. 
It is as a patriot that Scott wished Locksley to be seen, rather than an outlaw. Scott links Robin to a conservative agenda. He is now a man who is loyal to the King, and he is never depicted committing any criminal act. Indeed, Locksley is rarely called an outlaw in the text. He is called ‘a stout well-set yeoman, arrayed in Lincoln green’,  or simply as a ‘yeoman’,  ‘Locksley the yeoman’,  or ‘captain’. 
Scott is hesitant to name Robin as an outlaw, and there are only two scenes where Locksley is addressed as such. The first is when he is negotiating a ransom for Isaac’s daughter, Rebecca,  and towards the end of the novel. Even in these scenes, however, he is not robbing anybody. This may explain why Scott chose to call his character Robin of Locksley: throughout the novel, the reader is never told that Robin of Locksley is the same outlaw as Robin Hood. Readers may have suspected it, but it is not confirmed until the end of the novel, when Richard (who has been disguised as the Black Knight for the majority of the novel) and Locksley reveal their true identities to each other:
“Call me no longer Locksley, my Liege, but know me under the name, which, I fear, fame hath blown too widely not to have reached even your royal ears – I am Robin Hood of Sherwood Forest.”
“King of Outlaws, and Prince of good fellows!” said the King, “who hath not heard a name that has been borne as far as Palestine? But be assured, brave Outlaw, that no deed done in our absence, and in the turbulent times to which it hath given rise, shall be remembered to thy disadvantage.” 
Even after Locksley has revealed to the King that he is the famous outlaw, Robin Sherwood, Scott allows Richard to effectively nullify his entire criminal career by pardoning his former misdeeds.
Despite Robin’s reconfiguration as a patriot in Ivanhoe, Scott did try to provide some balance. Whilst Richard I displays nothing but unqualified admiration for the outlaws, the jester Wamba gives a more nuanced assessment of the outlaws’ morality: he says that, however much good the outlaws may have done for Richard, ‘those honest fellows balance a good deed with one not quite so laudable’. Richard asks Wamba to elaborate upon what he has said:
The merry men of the forest set off the building of a cottage with the burning of a castle – the thatching of a choir against the robbing of a church – the setting free a poor prisoner against the murder of a proud sheriff; or, to come nearer to our point, the deliverance of a Saxon Franklin against the burning alive of a Norman baron. Gentle thieves they are, in short, and courteous robbers; but it is ever the luckiest to meet with them when they are at their worst. 
It is as though Scott is partially continuing the conventions of eighteenth-century criminal biography by allowing Locksley to be portrayed as a hero, yet simultaneously critiquing his actions. Scott highlights the outlaws’ heroism on the one hand, and their negative traits on the other. In Charles Johnson’s eighteenth-century account of Robin Hood’s life, for example, Robin is a ‘a very bold man, of a charitable disposition, generous and open to the last degree’, at the same time as being described as having lived ‘a mispent [sic] life’ and engaging in ‘unlawful practices’.  It is known that Scott owned and read Charles Johnson’s The History of the Lives and Actions of the Most Noted Highwaymen (1734) and owned several other criminal biographies which must have undoubtedly influenced his tale. 
Despite his attempt to provide some nuance, some reviewers were less than impressed with his portrayal of Robin Hood. A reviewer in The Monthly Review said that the Robin Hood of Ivanhoe comes across as nothing more than one of ‘the lower orders’ who has taken to the road because he ‘disdained the regular pursuits of industry’.  Similarly, in 1820 Henry Crabb Robinson wrote that Scott:
Has failed, however, in rendering Robin Hood acceptable – the delightful hero of the old popular ballad is degraded in the modern romance into a sturdy vagrant’.
Nevertheless, despite Scott’s skilled and complex portrayal of Robin Hood, it is the vision of a patriotic English freedom fighter that has succeeded through to twenty-first century portrayals, and any nuances in Robin’s morality have been jettisoned.
Thomas Love Peacock’s Maid Marian (1822) followed after Ivanhoe, and is a lighter work than Scott’s. The novel begins very dramatically with soldiers interrupting the Robert of Huntingdon’s and Marian’s wedding, declaring him an outlaw, a swordfight then ensues, and Robin and his men escape to the woods. Robin is not outlawed due to having committed any heinous crime – he is simply outlawed because he had fallen into debt. He gathers around him a band of men who are described, not as cut-throats, but:
A band of disinherited prodigals, outlawed debtors, excommunicated heretics, elder sons that have spent all they had, and younger sons that never had anything to spend; and with these he kills the king’s deer, and plunders wealthy travellers of five-sixths of their money; but if they be abbots or bishops, them he despoils utterly. 
Whilst there are elements of social banditry in Locksley’s character in Ivanhoe, it is in Maid Marian that Robin fully emerges as one. Peacock develops the themes of the outlaw code found in the A Gest of Robyn Hode (c.1450).  Robin’s merry men live according to noble principles, displaying ‘Legitimacy, equity, hospitality, chivalry, chastity, and courtesy’ in everything that they do.  Robin’s band is also commanded that:
All usurers, monks, courtiers, and other drones of the great hive of society, who shall be found laden with any portion of the honey whereof they have wrongfully despoiled the industrious bee, shall be rightly despoiled thereof in turn; and all bishops and abbots shall be bound and beaten, especially the abbot of Doncaster; as shall also all sheriffs, especially the sheriff of Nottingham’. 
Just as a true social bandit does, Robin steals from the rich and gives to the poor.  Despite the worthy maxims of social banditry contained in Maid Marian, as with so many texts in which Robin and Marian are portrayed as Lord and Lady, the reader is never allowed to forget that these two are merely playing at being outlaws.  Marian expresses boredom in the domestic sphere, and longs to be liberated from ‘tapestried chambers and dreary galleries’.  When she joins Robin Hood and commences living in the forest with him, all that she is doing is swapping one bourgeois world for another. Tuck, Little John, and Will Scarlet, for instance, are all described as ‘peers of the forest’.  The main characters in Peacock’s novel, then, were people who essentially from the same world as the novel’s middle-class readers – a world of tapestried chambers and galleries, and ‘green tea and muffins at noon’.  Robin and Marian’s exploits in the novel are presented as an aristocratic frolic for Lord and Lady Huntingdon.
Thomas Miller’s Royston Gower, or The Days of King John (1838) and Pierce Egan the Younger’s novel appropriate the outlaw to serve a radical message. Miller imitates Scott, making Robin a supporting characters who allies with the protagonist Royston Gower – a Saxon – who experiences ‘a radical awakening’ after his Norman master asks him to kill a Saxon woman in cold blood, which he refuses to do. Gower, Robin Hood, and the other Saxon characters subsequently fight on behalf of the oppressed who suffer under ‘the tyranny of the Norman forest laws’.  Pierce Egan the Younger’s Robin Hood is no robber either, and instead is portrayed as a man who fights for the political rights of the Anglo-Saxon serfs.  Egan places Robin in a class apart from the other outlaws that existed during the period, and he acknowledges that both past and present criminals, for the most part, are indiscriminate in whom they rob.  A Review of Egan’s novel in The Westminster Review, in an article entitled ‘Modern Perversions’, says that
“Robin Hood and Little John” by Pierce Egan the Younger! Truly this is too bad’.
The reviewer goes on to state that England’s national hero has become nothing more than:
A thorough-bred cockney of the year of grace 1839 […] in the region of undying glory occupied by Tom and Jerry, Black Sall, and Dusty Bob’. 
‘Tom and Jerry’ is a reference to Egan the Elder’s Life in London (1823), while Dusty Bob was a colloquial term for a parish dustman.  The same reviewer, however, still gives Egan credit for making Robin Hood ‘far above Jack Sheppard’,  which, given the contemporary furore surrounding William Harrison Ainsworth’s eponymous novel published in 1839,  was at least a grudging compliment. Thus it is clear that nineteenth-century authors downplayed Robin’s criminality, but when certain authors attempted to critique his actions, reviewers were ever ready to criticise a writer who might present Robin Hood as anything less than an English patriot.
Thus far the view of Robin that has been given is the canonical view of Robin Hood, who was appropriated to serve nationalist, patriotic, and even radical ends. Books written for children insisted that:
Though Robin Hood was a robber, which, to be sure, is a bad thing, he behaved himself in such a manner as to have the good word and good wishes of all the neighbourhood. He never loved to rob anyone except people who were very rich, and who had not lived to make good use of their riches. 
But not everybody believed that Robin was a class apart from most criminals. Henry Walter in A History of England (1828) said that Robin was
Neither more nor less than a highway robber of notoriety’ in his lifetime, being ‘the hero in many an idle song, in the mouths of the dissolute. 
Charles Macfarlane in The Lives and Exploits of the Banditti and Robbers of all Nations (1833) says that Robin’s life was a series of ‘predatory exertions of power’.  An anonymous correspondent in The Times made no distinction between Robin Hood and Little John ‘and their dingy imitators in this metropolis described by Dickens and Ainsworth’.  This article from the 1850s is especially interesting: nothing distinguishes the greenwood outlaws of old from the Fagins of the nineteenth century because
The same man passes from one form into another – developing, according to the changes in society, from a forester to a mountaineer, thence to a highwayman, thence to an instructor of pickpockets and the receiver of their day’s work in St. Giles. 
By the time that Robin Hood: A Tale of the Olden Time was published, he was no ordinary robber. Instead he was portrayed in various manners such as a freedom fighter or dispossessed aristocrat. If authors attempted, like Scott, to portray Robin as a complex character, they were criticised by reviewers. People wanted to believe that Robin was not a regular criminal. Yet despite the image that the canonical texts put forth, there is a certain school of thought in non-canonical texts which saw no issue in placing Robin alongside other less respectable thieves such as Ainsworth’s Jack Sheppard, the highwaymen of the eighteenth century, or the Fagins described by Dickens in Oliver Twist. Thus there is a dichotomy between the representation of Robin Hood in novels, and his reception amongst lesser-known writers.
 Arrow S1E09 ‘Year’s End’, dir. John Dahl (The CW Television Network, 2012) [DVD].
 See Eric Hobsbawm, Bandits 2nd Edn. (London: Penguin, 1972).
 See Stephen Basdeo, ‘Robin Hood: A Tale of the Olden Time’ in The Cambridge Guide to the Eighteenth-Century Novel Ed. April London (Cambridge: Cambridge University Press, 2017) [Forthcoming]. See also Knight, Reading Robin Hood, 147-150.
 Anon. Robin Hood: A Tale of the Olden Time 2 Vols. (Edinburgh: Oliver & Boyd, 1819), 1: 54.
 Anon. Robin Hood: A Tale of the Olden Time, 2: 103-4.
 Walter Scott, Ivanhoe (1819 repr. Edinburgh: Adam & Charles Black, 1871), 12.
 Scott, Ivanhoe, 84.
 Scott, Ivanhoe, 89, 110, 144, 145,148, 194.
 Scott, Ivanhoe, 193.
 Scott, Ivanhoe, 125-126.
 Scott, Ivanhoe, 338-339.
 Scott, Ivanhoe, 419-420.
 Scott, Ivanhoe, 414.
 Anon. The History and Real Adventures of Robin Hood, and His Merry Companions. Written by Capt. C. Johnson. To Which are Added, Some of the Most Favourite Ballads from an Old Book, Entitled Robin Hood’s Garland (London: J. Bonsor, 1800), 20.
 In Scott’s last written work Reliquiae Trotcosienses or, The Gabions of the Late Jonathan Oldbuck Esq. of Monkbarns (1832), which is a guide to Abbotsford and its collections, Scott picks out Charles Johnson’s The History of the Most Noted Highwaymen (1734) as being of especial interest, and indeed it seems he was familiar with several of the anonymous criminal biographies from the early eighteenth century such as The History and Lives of the Most Notorious Pirates and their Crews which is probably just a reprint of Johnson’s A General History of the Robberies and Murders of the Most Notorious Pyrates (1724). See Walter Scott, The Pirate Eds. Mark Weinstein & Alison Lumsden (Edinburgh: Constable et al, 1832 repr. Edinburgh: Edinburgh University Press, 2001), 490n.
 Anon. The Monthly Review Jan 1820, 71-89 (82)
 Henry Crabb Robinson, ’Diary Entry by Henry Crabb Robinson, 21 Jan. 1820’ in Henry Crabb Robinson on Books and their Writers Ed. E. J. Morley, 3 Vols. (London: Dent, 1938), 1: 238.
 Peacock, Maid Marian, 46.
 Stephen Knight, Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015), 129.
 Peacock, Maid Marian, 88.
 Peacock, Maid Marian, 89.
 Peacock, Maid Marian, 126.
 This is the point made by Liz Oakley-Brown in regards to Anthony Munday’s two plays The Downfall of Robert, Earl of Huntington, and The Death of Robert, Earl of Huntingdon. See Liz Oakley-Brown, ‘Framing Robin Hood: Temporality and Textuality in Munday’s Huntington Plays’ in Robin Hood: Medieval and Post-Medieval Ed. Helen Philips (Dublin: Four Courts Press, 2005), 113-128 (115).
 Peacock, Maid Marian, 84.
 Peacock, Maid Marian, 82.
 Peacock, Maid Marian, 5.
 Thomas Miller, Royston Gower, or, The Days of King John (1838 repr. London: W. Nicholson [n.d.] c.1890?), 5.
 Stephen Basdeo, ‘Radical Medievalism: Pierce Egan the Younger’s Robin Hood, Wat Tyler, and Adam Bell’ in Leeds Working Papers in Victorian Studies, Volume 15: Imagining the Victorians Eds. Stephen Basdeo & Lauren Padgett (Leeds: LCVS, 2016), 48-65.
 Pierce Egan, Robin Hood and Little John, or, The Merry Men of Sherwood Forest (1840 repr. London: W. S. Johnson, 1850), 12.
 Anon. ‘Modern Perversions’ The Westminster Review Vol. XXXIII (London: Henry Hooper, 1840), 425.
 See Brian Maidment, Dusty Bob: A Cultural History of Dustmen, 1780-1870 (Manchester: Manchester University Press, 2007).
 Anon, ‘Modern Perversions’, p.425.
 See Lauren Gillingham, ‘Ainsworth’s “Jack Sheppard” and the Crimes of History’ SEL Studies in English Literature, 1500-1900 49: 4 (2009), pp.879-906.
 Anon. Tabart’s Collection of Popular Stories for the Nursery: Newly Translated and Revised from the French, Italian, and Old English Writers (London: Tabart & Co., 1809), 151.
 Charles Macfarlane, The Lives and Exploits of the Banditti and Robbers of all Nations 2 Vols. (Philadelphia: R. W. Pomeroy, 1833), 2: 75.
 Anon. ‘Editorial: Talk of Robin Hood and Little John’ The Times 22 June 1855, 6.
It is Stephen Knight in Robin Hood: A Mythic Biography (2003) who made the later tradition a valid area of scholarly enquiry. His wide-ranging survey of the legend covered various incarnations of Robin Hood from his medieval incarnations to the twentieth century.
But the way scholars do research has changed since Knight wrote his study. The digitisation of many primary sources, and in particular Victorian periodicals, has meant that scholars can now uncover many more previously unknown literary works. Robin Hood was featured in a number of minor poems during the nineteenth century. Some were good, and indeed some were bad. The piece I have transcribed below is taken from Bentley’s Miscellany in 1846. The periodical was started by Richard Bentley in 1836, who invited Charles Dickens to be its editor. Some very famous novels were first serialised in the magazine: Dickens’ Oliver Twist (1838) and William Harrison Ainsworth’s Jack Sheppard (1839) made their debuts here.
As people are unlikely to have read this particular poem before, I therefore leave it for readers without providing any commentary or argument upon it – though any thoughts people have are welcome in the comments.
I have found quite a few of these minor poems, and in the coming weeks will be uploading more of them.
W. H. C. W. ‘Robin Hood and his Merry Men’
Bentley’s Miscellany, July 1846, p.246
Under the merry greenwood tree
With me who likes may roam;
And there, although we shall be out,
We’ll make ourselves “at home;”
And, by your leave, beneath its leaves
Will we conn o’er again
The quips and cranks, and merry pranks,
Of Robin Hood and merry men.
To Sherwood Forest Robin Hood,
Real Earl of Huntingdon,
An outlaw fled, and there, ‘tis said,
Was join’d by Little John,
Who was a great man, as they say,
At drawing well the strong bow;
And as his shaft went a long way,
No doubt he drew the “long bow!”
Bold Robin Hood was so beloved,
His band increased in haste,
As also Friar Tuck’s, the fat,
Who never would see waste
In any thing that he conceived
The inner man might succour:
He bib’d the wine, and if ‘twas wrong,
Twas but a bib and Tuck-er(r).
A useful member to the band
Was Tuck at Feast or fire;
The deer they took ‘twas wrong to cook,
So in conscience kept a friar.
Though ven’son then, as now, was dear,
This vantage they could reap –
Just like their means the game was near,
And so they got it cheap.
The chieftain as the chief of darts
Contentedly down sat him;
But couldn’t ‘scape sly Cupid’s arts,
Or shafts he levell’d at him.
Maid Marian was made Robin’s queen,
Queen of the greenwood shade,
Annd kindly kept his cave well swept,
Because he’d no house made.
That Robin was a robber bold
May well be understood;
In every joke you saw he told
That he was Rob(b)in(g) Hood.
We’re told Tell was a telling shot,
(Nice even to a hair,)
And because he shot the apple,
Tell and Hood are deem’d a pair.
Let this opinion current go,
From monarch to the pedlar;
Who’d spoil them of their sweet deserts,
A most obnoxious meddler!
Long may the fame of Robin Hood,
And all his merry men,
As merry make all merry hearts,
Who’d merry make again!