Oleksa Dovbush (1700-1745): Robin Hood of the Ukraine

[Header Image (c) Internet Library of Ukraine]

While England has given the world the archetypal image of the noble robber in the form of Robin Hood, one of the things that I have been doing recently is to look at other Robin Hood figures from across the world. Oleksa Dovbush (1700-1745) is one such Robin Hood type of figure who flourished in eighteenth-century Ukraine.

A large part of what is now Ukraine during the eighteenth century was a part of the Polish Lithuanian Commonwealth. The Commonwealth was a power to be reckoned with during the sixteenth and seventeenth centuries, but by the period that Dovbush flourished the State was beset by a weak economy. It was also, relatively speaking, a little backward: while states such as the Kingdom of Great Britain had embraced mercantile capitalism and had not been feudal for a long time, the Polish-Lithuanian Commonwealth still was.[i]

It is in such primitive societies (I use the word ‘primitive’ here in Eric Hobsbawm’s sense to describe a state that has not developed beyond the feudal stage of society), that banditry flourishes. If one looks at the history of Eastern and South-Eastern Europe during the early modern period, it will readily be recognised that there were a great many bandits. Haiduks, Robin Hood type outlaws who stole from the rich and gave to the poor, flourished in the Balkans. Like England’s famous medieval outlaw, the haiduk’s deeds were told in the form of ballads that circulated among the peasantry.[ii] The most famous Eastern European bandit, Janosik (1688-1713), who was more of a Rob Roy than a Robin Hood, flourished in Eastern Europe around the same time as Dovbush.[iii]

As with most historical bandits and other marginal figures, little is known of his early life. He was born in 1700 in Pechenizhyn to a very poor family (the family’s property amounted to owning just several sheep, and they had to rent their humble dwelling, known as a komorah, from a local lord). We do not know what drove Dovbush to become an outlaw, or a part of the opryshky, as the records do not tell us. Although the corresponding term to opryshky in English is ‘outlaw’, it signified much more than simply ‘thief’ or ‘robber’: these men were perceived as freedom fighters who challenged the existence of the Polish feudal state. In concert with his brother, Ivan, Dovbush and his men raided Polish noblemen and their retinues along on the narrow ridge off Mount Chornohora.[iv] His weapon of choice was an axe. Like Robin Hood, in all of their exploits he and his men stole from the rich to give to the poor.

As is often the case in feudal societies, the Lords held all the power. While there were undoubtedly a great many good lords, there were, unfortunately, many who abused their powers. Eric Hobsbawm points out one instance where Dovbush and his men attacked the house of a local Polish nobleman named Konstantin Zlotnicky:

He held his hands in the fire and let them burn, poured glowing coals on his skin and refused any ransom. “I have not come for your ransom but for your soul, for you have tortured the people long enough”.[v]

oleksa
Commemorative Ukrainian Print

The monks who recorded this episode noted that this particular nobleman was notorious for his cruelty. As a result of his fight against the Polish nobles, the state sent the army into the region that he was known to flourish in. Yet they could not catch him. There are a number of accounts as to how he was finally caught: some sources say that a woman betrayed him, others say that his brother, Ivan, betrayed him. More likely it is that it was a bounty hunter hired by the nobles who tracked him down and killed him. Apparently, when the bounty hunter found him a fierce fight ensued. This was to be his last fight – Dovbush was killed and his body was cut up into twelve pieces and hung in several places so as to warn off any peasants who might be tempted to follow in his footsteps.[vi]

dovbush-rocks
Dovbush Rocks in the Ukrainian Carpathians

His memory lives on in Ukraine in much the same way that Robin Hood is still known to people in the Western World today. He has become a folk hero. Ballads about him are still sung by the poorer classes, and the Dovbush rocks in the Carpathian mountains, where he and his gang were said to live, are visited by many tourists each year.


References

[i] The history of the region has recently been covered in excellent detail by Paul R. Magocsi, A History of Ukraine: The Land and Its Peoples 2nd Edn. (Toronto: University of Toronto Press, 2010).

[ii] Bodgan Vlad Vatavu, ‘The World of the Haiduks: Bandit Subcultures in the 19th-Century Romania and their Ballads’ Revista de Etnografie Si Folclor / Journal of Ethnography and Folklore Nos. 1-2 (2016), pp.139-164.

[iii] There is little scholarly literature in English for Janosik, so it is best to either read Eric Hobsbawm, Bandits (London: Penguin, 1969) or visit the following website: The Polish Robin Hood [Internet <http://www.krykiet.com/janosik_robin_hood.htm> Accessed 19 February 2017].

[iv] Larisa Failkova, ‘Oleksa Dovbush: An Alternative Biography of the Ukrainian Hero Based on Jewish Sources’ Fabula 52: 1-2 (2011), pp.92-108

[v] Eric Hobsbawm, Bandits rev. ed. (London: Abacus, 2000), p.50.

[vi] Failkova, ‘Oleksa Dovbush’, p.95.

Charles Kinnaister: Executed for the Murder of Australian Aborigines (1838)

Broadly speaking, criminals fall into three types: heroes, buffoons, and brutes.[i] The categories are just as applicable to the eighteenth and nineteenth centuries as they are today – ‘heroes’ would be men like Ronnie Biggs, the Great Train Robber of 1963, buffoons would be the types of offender featured in television shows such as America’s Dumbest Criminals (1996-2000), while the ‘brutes’ would include people such as Geoffrey Dahmer (1960-1994). This website usually deals with the criminal-as-hero types: outlaws and highwaymen whose crimes fall under the category of what Eric Hobsbawm calls ‘social banditry’,[ii] although I have featured the cannibal Sawney Beane whose story was inspiration behind the popular horror movie, The Hills Have Eyes (1977). It is about a set of brutes, or ‘monsters in human shape’,[iii] who were executed in nineteenth-century New South Wales that we turn our attention to today.[iv]

Outside of academia, the history of British colonialism is usually conceived of as one in which the colonisers – the British – committed atrocities against the indigenous population without any consequences. That the British were responsible for some ghastly humanitarian crimes during the time that they had an empire is certainly true, but the colonisers’ hands were not completely free to do as they pleased, as the execution of Charles Kinnaister and his men in 1838 for the murder of Australian aborigines illustrates.

cooks-map
Cook’s Map of the Coast of New South Wales and Botany Bay (1770)

A penal colony was established at New South Wales in 1788 following the “discovery” of the region in the 1770s by Capt. James Cook. Britain’s criminals, which previously had been shipped off to the Americas, as the eponymous title character of Daniel Defoe’s Moll Flanders (1722), were now shipped off to Australia instead, a decision no doubt arrived at after the American colonies had declared their independence from Britain in 1783.

Charles Kinnaister, and his accomplices, William Hawkins, James Parry, Edward Foley, James Cates, John Russell, and John Johnson had all been transported in 1837. While transportation was designed to be a punishment, one of the ideas behind it was that some of the felons transported could serve as labourers for the local citizens, and thereby help to build up the colony. The men alluded to above were set to work as shepherds to a family of landowners in New South Wales.

One day, in the course of their duties, the men, along with one native free man called John Fleming (who, as Jillian Barnes notes, is usually left out of accounts of these murders)[v] rode beyond their masters’ lands and encountered a group of Australian aborigines. There were thirty of them in total. Kinnaister and his crew,

Tied them together with a rope, with the exception of one woman. This was done without a word being uttered, and with a cool and bloody determination. When all were thus secured, one end of the rope was tied around the body of the foremost of the murderers, who, having mounted his horse, led the way, dragging the terrified group after him, while his infamous companions guarded them on all sides.[vi]

The victims were dragged some distance and were then butchered with knives and swords,

‘Till all lay a lifeless mass, in death clinging to each other in the throes of natural affection’.[vii]

The murderers attempted to conceal their crimes as best they could by setting alight to the bodies. But after the fire died down, fragments of bones remained.

A professional police force in Britain had only been recently established in 1829, and the detective agency would not be established until 1842. Needless to say, policing and detection in the colonies was oftenn less efficient than it was in Britain. At this time period, Europeans still believed that God directly intervened in the detection and punishment of murderers. It is a belief expressed in the account of this crime in The Chronicles of Crime (1841); despite the men’s attempts to conceal their foul deeds,

The vengeance of providence was not to be thus thwarted; and although for a time these miscreants imagined they had effectually disguised their horrible work, circumstances led to their detection and apprehension.[viii]

It was birds that brought about these men’s arrest. After the murders, birds of prey were seen circling the place where the outrage had been committed. Some stock-men went to investigate and found the half-burnt carcases. Kinnaister and his accomplices were immediately suspected, owing to their past conduct, and upon examination the men admitted everything they had done.

The most ‘whole’ body that was left unburnt by the men was that of an indigenous man named ‘Daddy’. So it was for his murder that the men were indicted for. The next part of the story is where the racial prejudice in the minds of some of the colonialists becomes most apparent. Despite Kinnaister’s and his men’s admission of guilt, and the strong circumstantial evidence against them, an association was formed by some of the rich colonists to get the men acquitted. The best legal counsel was hired, and the defence lawyers argued that the murders were necessary because

They had been formed with the ostensible project of preserving the property of the settlers from the incursions of the [natives].[ix]

The defence convinced the jury, who found the men Not Guilty. It was a case of blatant racial prejudice, something which was acknowledged at the time. Camden Pelham, who recorded this event a few years later in The Chronicles of Crime, expresses his regret and shame that racial prejudices contributed to the acquittal.[x]

The prosecution did not rest, however, and two months later arraigned the men again, and this time they were justly found Guilty by the jury. The vile criminals were then hanged on 15 December 1838.


References

Header Image: Kinnaister and his Accomplices Murder the Aborigines. From Camden Pelham, The Chronicles of Crime (London, 1887), p.473.

[i] Lincoln B. Faller, Turned to Account: The Forms and Functions of Criminal Biography in Late Seventeenth- and Early Eighteenth-Century England (Cambridge: Cambridge University Press, 1987), p.54.

[ii] Eric Hobsbawm, Bandits (London: Pelican, 1969).

[iii] Camden Palham, The Chronicles of Crime; or, The New Newgate Calendar. Being a Series of Memoirs and Anecdotes of Notorious Characters who have Outraged the Laws of Great Britain from the Earliest Period to 1841 (London: T. Tegg, 1841; repr. London: T. Miles, 1887), p.472.

[iv] Scholarship on this case includes the following articles: Patsy Withycombe & Jillian Barnes, ‘Representation and Power: A Picture is Worth a Thousand Words – “Australian Aborigines Slaughtered by Convicts” 1841’ Journal of Australian Indigenous Issues 18: 2 (2015), pp.62-67.

[v] Barnes, ‘Representation and Power’, p.67.

[vi] Pelham, Chronicles of Crime, p.473.

[vii] Ibid.

[viii] Ibid.

[ix] Ibid.

[x] Ibid.

From Barman to Highwayman: The Case of William Hawke (d.1774)

Not every highwayman throughout history has achieved the fame of Robin Hood (sup. fl. 12th-13th centuries), Rob Roy (1671-1734), Dick Turpin (1705-1739), or Jack Sheppard (1702-1724). The names of most of the highwaymen who flourished in London during the eighteenth century have faded into insignificance. William Hawke is one such highwayman whose life story, while just as interesting as the robbers alluded, never had his story picked up by the likes of Walter Scott (1771-1832) or William Harrison Ainsworth (1805-1882).

hawke1
The New Newgate Calendar 5 Vols. (London: A. Hogg [n.d.]), 5: 135.

William Hawke was born at Uxbridge, Middlesex around the middle of the eighteenth century. He moved to London after the death of his father. Once in the capital, he gained employment in a public house in St. Giles. This area of London was known for its high levels of criminality, and it is during his time as a bar tender that he first became acquainted with some shady characters from the Georgian criminal underworld.

The men that he fell in with encouraged him to try a few turns as a highwayman, running with a partner named James Field.

Both Hawke and Field were apprehended by the authorities in January 1771 for stealing a leather notebook and £20 from a gentleman named John Gordon.[i] Although the theft of a sizeable sum of £20 would have warranted the death penalty in the eighteenth century, it seems the evidence against them was inconclusive. Both men produced witnesses who testified to their good character, and Field claimed that the £20 was his own money:

Field’s Defence.

I have had many a twenty pound note of my own property.

Hawkes’ Defence.

I was going to the play with my wife’s sister and Mr. Field. Roades came up and walked with us; I did not know him at first; he saw me pull my watch out; and wanted to buy it; he got from me; he was to give me two guineas and a half for it; he gave me a guinea; Mr. Field gave him his watch; he gave him nothing. We were several times after him about the money.[ii]

This is probably why Field and Hawkes got off with the comparatively lighter sentence of Transportation to the Americas for a total of 14 years (this is the time, it will be remembered, that Britain still “owns” the Thirteen American Colonies, later to become the USA).

hawke2
William Hawke Robbing Capt. Cunningham at Gunpoint – Illustration from The New Newgate Calendar 5 Vols. (London: A. Hogg [n.d.]), 5: 133.

Somehow, and the details here are sketchy, the pair managed to escape from the Americas, and by 1772 were back in London practising their former trade. The Newgate Calendar records that Hawkes,

Upon his return to England he committed a surprising number of most daring robberies; and several months elapsed before the thief takers knew him to be the man by whom the roads about London were so dangerously infested.[iii]

Hawkes proved to be quite a hard man to catch indeed. The ingenious Magistrate of Westminster, Sir John Fielding (brother of the novelist-turned-magistrate, Henry Fielding), directed London’s rudimentary police force, the Bow Street Runners, to watch Hawkes’ wife (the Metropolitan Police would not be established until the 19th century).

The Runners kept watch over the wife, and one night, as Hawkes lay sleeping in her arms in a rented apartment, Constables Bond and Lee went up the stairs and,

Entered the front room, and there discovering Hawke slumbering in bed, threw himself across the highwayman, who, twisting the sheet around Bond’s head, reached at a pistol that was under the pillow, at which instant Smith entered, and caught hold of his hand. With much difficulty Hawke was secured.[iv]

In court the next morning, on 18 May 1774, two gentleman named Captain Cunningham and Charles Hart appeared to give evidence against him:

Hart. A gentleman: I live in May’s Buildings. On the 28th of last March, between the hours of nine and ten in the evening, Capt. Cunningham and myself were stopped in a coach near the Half-way-house leading from Knights-bridge to Walham Green , by one man on horseback; he said to the coachman, God d – n your blood stop, or I’ll blow your brains out! uponwhich I let the glass down which was then up, and he put a pistol to my breast, and demanded my money; I had one shilling and sixpence and some halfpence loose in my waistcoat pocket; I gave him that; I had half a guinea in my fob, which I preserved; he said to me, God d – n you, do you give me nothing but halfpence! I told him it was all I had, and desired him to take the pistol from my breast. In the interim Capt. Cunningham was moving a pocket book from his right hand waistcoat pocket into his left hand breeches pocket, in which were bank notes to the amount of between four and five hundred pounds; he had twenty-six or twenty-seven, guineas in his breeches pocket, but being in liquor he refused being robbed, and said he would not be robbed; the prisoner saw the pocket book, and took the pistol from my breast, and said, God d – n you, give me the pocket book![v]

Hawkes maintained his innocence throughout the whole trial, simply saying:

I am innocent of this affair: I leave myself entirely to the mercy of this honourable Court. I have been guilty of affairs of the kind, but am innocent of this. I am a jeweller by trade: I am twenty-three years old: I have a wife and two small children.[vi]

Despite the protestations of his innocence, the jury found him guilty and he was sentenced to death by hanging.

By the account recorded in The Newgate Calendar, he was quite stoic about the whole affair.

When he was taken to Tyburn on 1 July 1774 (the site of public executions until 1783), he gave a good show to the assembled mob. He dressed in his smartest coat, with a flower affixed to the breast pocket, gallantly saying ‘how do you do’ to spectators as he passed by in the cart.

The noose was placed around his neck at the foot of Tyburn tree, and as he felt the cart about the move away he leaped up into the air. This ensured that his neck was instantly dislocated and that he never suffered in pain.


References

ALL IMAGES TAKEN FROM BOOKS IN MY PERSONAL COLLECTION

[i] James Field, William Hawke, Theft > pocketpicking, Theft > receiving, 16th January 1771 (t17710116-39) Old Bailey Online [Internet <www.oldbaileyonline.org> Accessed 16 January 2017].

[ii] Ibid.

[iii] The New Newgate Calendar; or, Malefactor’s Bloody Register 5 Vols. (London: A. Hogg [n.d.]), p.133.

[iv] Ibid.

[v] William Hawke, Violent Theft > highway robbery, 18th May 1774 (t17740518-26) Old Bailey Online [Internet <www.oldbaileyonline.org> Accessed 16 January 2017].

[vi] Ibid.

My Forthcoming Book: “The Mob Reformer: The Life and Legend of Wat Tyler” (2018)

I have recently been contracted by a commercial publisher to write a popular history book entitled The Mob Reformer: The Life and Legend of Wat Tyler which is due for publication in 2018.

The title is taken from that of an old play, Wat Tyler and Jack Straw, or, The Mob Reformers (1750) and the idea for the book first appeared on this website in an earlier post about nineteenth-century appropriations of Wat Tyler. It struck me that every great medieval hero had their ‘mythic biography’: Stephen Knight has published three books and countless articles upon Robin Hood; Joanne Parker in England’s Darling (2007) explores post medieval representations of King Alfred; Stephanie Barczewski, and John and Caitlin Mathews have written at length upon King Arthur. Yet Wat Tyler, who was arguably England’s first notable radical leader, or so he would be called during the eighteenth and nineteenth centuries, did not enjoy the same critical attention that has been devoted to other medieval figures.

thumbnail_20161021_150056
Tyler Killing the Tax Collector who Tried to Rape his Daughter – From Pierce Egan’s Wat Tyler (1840)

The ‘blurb’ which I have submitted to the publishers gives a flavour of the shape that the book is taking (please make an allowance for the sweeping generalisations – I only had max. 150 words to describe the book):

In 1381, England was on the brink – the poor suffered the effects of war, the Black Death, and a Poll Tax. At this time the brave Wat Tyler arose who led an army of commoners to London to meet with King Richard II and present him with a list of grievances and demands for redress. Yet Tyler was treacherously struck down the Lord Mayor, and his head placed upon a spike on London Bridge. Yet Wat Tyler lived on throughout the succeeding centuries as a radical figure, the hero of English Reformers, Revolutionaries, and Chartists. The Mob Reformer: The Life and Legend of Wat Tyler examines the eponymous hero’s literary afterlives. Unlike other medieval heroes such as King Arthur or King Alfred, whose post medieval manifestations were supposed to inspire pride in the English past, if Wat Tyler’s name was invoked by the people the authorities had something to fear.

It will begin by giving an account of the so-called Peasants’ Revolt in 1381. It will then examine Tyler’s appearance in the literature of the English Revolution under Oliver Cromwell (1642-1651), before moving on to the eighteenth-, nineteenth-, and twentieth-century radical literature. Consequently, the book will be as much a piece of Tudor, Stuart, Georgian, Victorian, and twentieth-century cultural history as much as it is a piece of medieval history.

As my doctoral research upon Robin Hood winds down, I am really looking forward to starting work on this in earnest. As well as my interest in Robin Hood and highwaymen, another of my research interests is the history of English radicalism, and this book will allow me to pursue this interest to a greater extent than I currently am able to do in my thesis upon Robin Hood.

To radical authors during the late eighteenth century, for example, Tyler became the symbol of a tough Englishman who fought for people’s rights and liberties, which is the case in Robert Southey’s Wat Tyler (1794).

thumbnail_20161021_150151

The work will also allow me to revisit some of my favourite nineteenth-century authors such as Pierce Egan the Younger, whose novel Wat Tyler, or, The Rebellion of 1381 (1841) was immensely popular and presented readers with a Chartist Wat Tyler and whose other novel Robin Hood and Little John (1838-40) features prominently in my PhD thesis. In Egan’s novel, Wat leads the revolt and hands the King a Charter with ‘Six Points’ which is highly reminiscent of the Chartist cause.

In fact, Chartism shall feature prominently in the work just as Wat Tyler was important to the Chartists, appearing in several poems published in radical newspapers such as The Northern Star and Reynolds’ Miscellany.

Unlike Robin Hood who was elevated to the rank of an Earl during the seventeenth century, and who has gradually become a relatively conservative (with a small ‘c’) figure, Wat Tyler resists any attempts at gentrification. This is not to say that some authors did not try to make him a hero of the establishment: the book will also explore the attempts at de-radicalising Wat Tyler, in the process allowing me to revisit the works of one of my favourite novelists, William Harrison Ainsworth (1805-1882) and his novel Merry England, or, Nobles and Serfs (1874); G. A. Henty, the arch-imperial propagandist of the late Victorian era, similarly transforms Tyler into a hero of the establishment in A March on London (1898).

The book will also see me revisiting another research interest of mine: the study of penny bloods and penny dreadfuls. Tyler was the hero of several boys’ stories in magazines such as The Boy’s Own and The Boys of England, all of which contained lurid and violent scenes.

Finally, the book moves into the twentieth century when Tyler’s name was invoked by socialist writers and politicians against Margaret Thatcher’s government during the Miners’ Strike of 1984 and the Poll Tax Riots of 1989.

Thus, the book aims, following what Stephen Knight has done for Robin Hood in his works, to provide a history of the literary afterlives of Wat Tyler.

 

Capt. Charles Johnson’s “General History of the Pyrates” (1724)

In 1724 a book appeared entitled A General and True History of the Robberies and Murders of the Most Notorious Pyrates (1724) which was written by a “Captain” Charles Johnson. The name of Charles Johnson is likely a pseudonym for a writer whose name is now lost to us. Early twentieth century critics such as J. R. Moore argued that he was actually Daniel Defoe writing under a pseudonym, but recent research by P. N. Furbank and W. R. Owens has cast doubt upon this.[1]

Johnson was writing during the golden age of sea pirates, and he is probably the same man who authored an earlier play entitled The Successful Pyrate (1713). The History of the Pyrates was Johnson’s first work to deal with criminals and he would go on to author The Lives and Exploits of the Most Noted Highwaymen (1734) and Lives of the Most Remarkable Criminals (1735).

As with all of Johnson’s works, although it is called a ‘history’, he invented quite a few of the ‘facts’ in his narrative as authors during the eighteenth century rarely cared for historical authenticity, although his preface does reveal a competent knowledge of sea laws during the early eighteenth century.[2]

johnson-title
Title Page: Capt. Charles Johnson’s History of the Pyrates (1724) (c) EECO.

The purpose of writing the work was, Johnson tells us, first and foremost to provide moral instruction to readers:

We have given a few instances, in the course of this history, of the inducements men have to engage themselves headlong into a life of so much peril to themselves and so destructive to the navigation of the trading world.[3]

But Johnson says that the work will also be of practical value to the captains serving in the Royal Navy; through reading Johnson’s book he assures his readers that the captains of the Royal Navy will be able to learn the wicked ways of the pirates.[4]

Of course, the “moralism” of Johnson’s kind was more akin to today’s Daily Mail, having no compunction in denouncing sex and violence while actually taking great pleasure in showing it. Take the example of Mary Read (discussed in greater detail below) falling in love with another pirate:

When [Read] found she had a friendship for her as a man, she […] carelessly [showed] her breasts, which were very white. The young fellow, who was made of flesh and blood, had his curiosity raised by this sight […] Now begins the scene of love…[5]

Unsurprisingly, it was not unusual for criminal biography and trial reports in the eighteenth century to serve a dual purpose: news and erotica.[6]

The narratives of well-known pirates appear in Johnson’s book. There is Captain Teach alias Blackbeard:

A courageous brute, who might have passed in the world for a hero had he been employed in a good cause.[7]

Other criminals include the famous Captain Kidd, but perhaps Johnson’s most interesting narratives are those of Mary Read and Anne Bonny, two female pirates (see header image).

Read’s father died when she was young, leaving both Read and her mother in a state of poverty. The only family remaining that the two could count upon was Read’s grandmother on her father’s side. However, Read’s mother, knowing that she would obtain greater monetary assistance from the grandmother if she said that she had a son, made Read dress as a boy. Thinking that she had a grandson to be taken care of, the grandmother agreed to send a crown per week for the ‘son’s’ maintenance.

Read’s had always assumed that she was a boy throughout her youth, and only learned that she was a girl during her adolescence, and this contributed to her:

Growing bold and strong, and having also a roving mind.[8]

This ‘disposition’ led her to enlist (now she was a ‘man’) on a man-of-war, and subsequently serving as a cadet in Flanders. She was a very good soldier, earning the esteem of her superior officers, until one fateful day when she meets a man and develops feelings for him:

But her comrade, who was a Fleming, happening to be a handsome young fellow she falls in love with him, and from that time grew a little more negligent in her duty, so that, it seems, Mars and Venus could not be served at the same time.[9]

She eventually reveals her true sex to the Fleming, and they soon marry and quit the army. Unfortunately her happiness was not to last, for the Fleming dies, and thus grieving without a penny to her name she becomes a man again and takes service upon another ship. The ship is then taken by pirates and Read followed the ‘trade’ of piracy for some months.

A Royal Proclamation was then sent out to all parts of the West Indies offering a pardon to the pirates, but while the captain of the pirates and some of his ‘officers’ take advantage of the pardon, Read and several of them did not. She subsequently falls under the command of the pirate Captain Rackham and his lover Anne. Anne became infatuated with the young ‘man’ Read, and sensing this, Read revealed to Anne the truth about her sex.

Read remained a pirate throughout her life, engaging in many interesting adventures (doubtless all plagiarised in some form or another from earlier books). Eventually Rackham’s crew is captured by the English navy off the coast of Jamaica and she is brought before the court. She acquired another lover during her days with Rackham’s crew, and “pleads her belly”, obtaining a stay of execution. She might have lived longer had she not, sadly, been seized with a violent fever and died in gaol.

blackbeard
Capt. Blackbeard, from Johnson’s History of the Pyrates (1724) (c) ECCO.

Johnson’s attitude towards his pirates vacillates between admiration and condemnation. Speaking of Philip Roche, a notorious pirate of Irish origin, he says that:

He was a brisk, genteel fellow of 30 years of age at the time of his death; one whose black and savage nature did no ways answer the comeliness of his person, his life being almost one continued scene of villainy before he was discovered to have committed the horrid murders we are now speaking of.[10]

But Johnson also recognises the bravery of these men and women who took to the seas. He even argues that at certain times the nation needs its pirates. Speaking of Captain Martel and his crew, he says:

I come now to the pirates that have rose since the Peace of Utrecht [1713]. In war time there is no room for any, because all those of a roving, adventurous disposition find employment in privateers [state-commissioned pirate vessels], so there is no opportunity for pirates. Like our mobs in London, when they come to any great height, our superiors order out the trainbands, and once they are raised, the others are suppressed of course.[11]

And introducing readers to far off, exotic places and settings cannot have failed to romanticise the life of a pirate for contemporary readers. The sensationalism and romance of Johnson’s work probably accounts for its popularity, for the work went through numerous editions. By the nineteenth century, the Pyrates was usually incorporated into Johnson’s History of the Highwaymen. Although many parts were obviously made up, Johnson’s Pyrates remains an important source for historians studying contemporary reactions to piracy during its so-called ‘golden age’.


References

HEADER IMAGE: (c) Eighteenth-Century Collections Online

[1] P. N. Furbank & W. R. Owens, Defoe De-Attributions: A Critique of J. R. Moore’s Checklist (London: Hambledon, 1994).
[2] Charles Johnson, A General and True History of the Robberies and Murders of the Most Notorious Pyrates ed. by Arthur Heyward (London, 1724; repr. London: Routledge, 1927), p.vii.
[3] Johnson, Pyrates, p.vii.
[4] Johnson, Pyrates, p.vii.
[5] Johnson, Pyrates, p.134.
[6] Peter Wagner, ‘Trial Reports as a Genre of Eighteenth-Century Erotica’ Journal for Eighteenth-Century Studies 5: 1 (1982), pp.117-121.
[7] Johnson, Pyrates, p.55.
[8] Johnson, Pyrates, p.131.
[9] Johnson, Pyrates, p.131.
[10] Johnon, Pyrates, p.334.
[11] Johnson, Pyrates, p.37.

The Critical Reception of Mrs. Brown of Falkland’s Robin Hood Ballads

Paper Presented to the Women’s History Network Conference, Leeds Trinity University, 16-17 September 2016.


Abstract: The earliest ballads of Robin Hood such as A Gest of Robyn Hode (c.1450) and Robin Hood and the Potter (c.1450) give no clue as to the manner of Robin Hood’s birth. This was still the case when Joseph Ritson published his influential ballad anthology entitled Robin Hood: A Collection of All the Ancient Poems, Songs, and Ballads (1795). Five years after Ritson, however, Robert Jamieson published Popular Ballads and Songs, from Tradition, Manuscripts, and Scarce Editions (1806). In that collection two new never-before-seen Robin Hood ballads appeared entitled The Birth of Robin Hood and The Wedding of Robin Hood and Little John. Jamieson had transcribed the ballads from Anna Gordon Brown of Falkland, Scotland. Although twentieth-century Robin Hood critics have derided Mrs. Brown’s ballads as being of little merit compared to earlier material, Mrs. Brown enjoyed a ‘literary afterlife’ in the tradition as Goody – the old woman who recites Robin Hood stories to dinner guests – in the first ever Robin Hood novel entitled Robin Hood: A Tale of the Olden Time (1819). The proposed paper, therefore, is intended to fit into the panel ‘Women Collectors and Collected Women’.


Introduction

Throughout history many Scottish authors have shaped the Robin Hood legend. For example, it is in medieval and early modern Scottish chronicles written by Andrew of Wyntoun, John Major, and Walter Bower, for instance, that Robin is first established as a ‘historic’ figure, and not merely a man who exists in ballads. During the nineteenth century, the first two Robin Hood novels entitled Robin Hood: A Tale of the Olden Time and Walter Scott’s Ivanhoe, both of which were published in 1819, were written by Scottish authors and first published in Edinburgh.[1] There is not a single scholar who would question the appearance of the works of Wyntoun, Bower, Major, or Scott within the Robin Hood canon – that is to say, those texts which scholars have agreed are an undeniable part of the Robin Hood tradition. Yet as this paper illustrates, there has been a certain amount of hesitancy on the part of modern critics to include within the tradition three Robin Hood ballads which first appeared when Robert Jamieson transcribed them from Mrs. Brown of Falkland (1747-1810).

To begin with, it is necessary to provide a very brief history of Robin Hood scholarship during the late eighteenth and early nineteenth centuries. There was a significant degree of interest in the medieval English past during the mid-to-late eighteenth century, and much of this amateur scholarship focused upon medieval and early-modern ballads, especially those relating to historic worthies such as King Arthur and Robin Hood, with ballads about him appearing repeatedly in various antiquaries’ works.[2] Thomas Percy’s three volume Reliques of Ancient English Poetry in 1765 featured the ballad Robin Hood and Guy of Gisborne, and in the four volume work Old Ballads, Historical and Narrative published by the Welsh bookseller and antiquary in 1784 almost every post medieval Robin Hood ballad was printed. The most famous eighteenth-century Robin Hood scholar, however, was Joseph Ritson (1752-1803). His two volume work Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads was, upon its first publication in 1795, the definitive collection of Robin Hood texts. Ritson made available in two volumes texts such as the fifteenth-century poems A Gest of Robyn Hode, and Robin Hood and the Monk. In his collection Ritson also included the texts of seventeenth-century broadside ballads such as Robin Hood and the Tanner, and Robin Hood’s Progress to Nottingham.

rh-books-1700s
Eighteenth-Century Robin Hood Scholarship: Percy’s Reliques (1765), Evans’ Old Ballads (1784) and Ritson’s Robin Hood (1795)

None of the ballads in Ritson’s collection, however, provided the story of Robin Hood’s birth. It was not until Jamieson published a collection of ballads entitled Popular Ballads and Songs, from Tradition, Manuscripts, and Scarce Editions in 1806 did an account of Robin’s birth appear in a ballad entitled The Birth of Robin Hood. Another never before seen ballad relating to Robin’s life entitled The Wedding of Robin Hood and Little John also appeared in the same collection. Walter Scott in Minstrelsy of the Scottish Border published in 1802 included another of Mrs. Brown’s Robin Hood ballads entitled Rose the Red, and White Lily. Jamieson and Scott transcribed these ballads from Mrs. Brown. Usually the only woman associated with the Robin Hood legend is Maid Marian, and the only writers who have represented her have usually been men. Thus, a conference which focuses upon women’s history is the perfect opportunity to discuss these ballads and explore what I shall call the ‘literary afterlife’ and subtle influence of Mrs. Brown upon later manifestations of the Robin Hood tradition – a woman whose contributions to the legend, if she is remembered at all, have often been dismissed by late-nineteenth and twentieth-century scholars.

Mrs. Brown’s Ballads and their Critical Reception

Anna Gordon was born in Aberdeen in 1747, the daughter of Thomas Gordon, a Professor of Humanities, and Lilias Forbes. She grew up in a Scotland in which ballads were central to both elite and popular culture’.[3] The most significant ballad which was transcribed from Mrs. Brown of Falkland was the aforementioned The Birth of Robin Hood.[4] The story follows the daughter of Earl Richard who falls in love with a servant named Willie – a union of which she knows her father the Earl would disapprove. The Earl’s daughter and Willie often have secretive meetings in the forest, and it is soon revealed that she is pregnant. The Earl’s daughter escapes from her home to go and give birth in the forest. Realising that his daughter is missing, the Earl convenes a search party and goes out after her. He finds his daughter in the wood, exhausted from having given birth and, despite the circumstances of the illegitimate birth the Earl is overcome with happiness upon seeing the child:

abrownballad
Anna Gordon’s ‘The Birth of Robin Hood’ in Jamieson’s Popular Ballads (1806)

He kist him o’er and o’er again:
‘My grandson I thee claim;
And Robin Hood in the gude green wood,
And that shall be your name.’ [5]

Thus the ballad sets up a noble parentage for Robin Hood. While The Birth of Robin Hood has at least made into Barrie Dobson and John Taylor’s critical anthology of Robin Hood ballads Rymes of Robyn Hood (1976), Brown’s second Robin Hood ballad entitled The Wedding of Robin Hood and Little John did not, and has received very little critical attention. The ballad relates the story of two women who one day decide to dress in men’s clothes and travel into the greenwood under the assumed names of Nicholas and Roger Roun. The two women are found sleeping in the wood by Robin Hood and Little John, and eventually one of the women, Roger, becomes pregnant:

“When we were in our father’s ha’,
We wore the beaten gold;
But now we wear the shield so sharp,
Alas! We’ll die with cold!”
Then up bespake him Robin Hood,
As he to them drew near;
“Instead of boys to carry the bow,
Two ladies we’ve got here.”
So they had not been in gud green-wood,
A twalmonth and a day,
Til Roger Roun was as big wi’ bairn
As ony ladie could gae.[6]

During the early nineteenth century when the ballads first appeared, there appears to have been little question over whether the ballads should be included as part of the developing canon. Ritson’s original text was reprinted in 1820,[7] 1823,[8] 1832,[9] and then revised and expanded in 1865.[10] Brown’s ballads appeared in both the 1832 and the 1865 editions of Ritson’s text. Furthermore, the historian John Mathew Gutch included Brown’s ballads in his two volume critical anthology A Lytell Geste of Robin Hode published in 1847. Gutch justified the inclusion of Brown’s The Birth of Robin Hood by writing that:

It is certainly characteristic, and perfectly consistent with [Robin Hood’s] subsequent life and conduct; insomuch, that it cannot be said of the renowned hero of Sherwood, as Deianira says of Hercules, – “Dissimiles hic vir et ille puer”.[11]

And of Rose the Red, and White Lily and The Wedding of Robin Hood and Little John he says that

There can be no doubt that the three following ballads relate to Robin Hood and Little John and have their origin in the same tradition.[12]

However, the attitude towards these ballads changed as the nineteenth century progressed. A further edition of Ritson’s work appeared in 1884 which did not include Brown’s ballads.[13] Between 1882 and 1898 Francis J. Child published the multivolume The English and Scottish Popular Ballads. His third volume was devoted almost entirely to Robin Hood ballads. Yet Brown’s ballads were not to be included alongside other ‘canonical’ Robin Hood texts but were placed in the second volume which dealt with songs of Scottish origin. The main reason that he gave for placing Brown’s ballads outside of the Robin Hood canon was that many of them bear resemblance to other popular Scottish ballads, and Child stated that all of Brown’s songs were said to be variants upon the popular Scottish ballad Willie O’ Douglas Dale.[14]

He justified excluding Rose the Red, the White and Lily and The Wedding of Robin Hood and Little John from the Robin Hood tradition because:

Robin Hood has no love-story in any ancient ballad, though his name has been foisted into modern love ballads, as in “Robin Hood and the Tanner’s Daughter” […] Maid Marian is a late accretion. There is a piteously vulgar broadside, in which Maid Marian, being parted from Robin, dresses herself “like a page” (but armed fully), meets Robin Hood, also under disguise, and has an hours fight with him.[15]

When discussing The Birth of Robin Hood Child made a break with established scholarly practice and renamed the ballad as Willie and Earl Richard’s Daughter. To justify this he stated that:

This ballad certainly does not belong to the cycle of Robin Hood, and for this reason the title hitherto held by it could not be retained […the title of] the Earl of Huntingdon has no place in the ancient traditional ballads of Robin Hood, but is of later literary invention.[16]

Child was correct, of course, for Robin was not named as the Earl of Huntingdon until Anthony Munday’s two plays The Downfall of Robert, Earle of Huntington and The Death of Robert, Earle of Huntingdon written between 1597 and 1598.

fjchild
American Scholar F. J. Child (1825-1896)

Taken at face value, Child’s justifications for excluding these ballads appear to be relatively sound. What is perplexing, however, is that despite the objections listed above, Child includes as part of the Robin Hood canon certain ballads at which his afore-mentioned rationale could also be raised. For example, most of the later seventeenth-century Robin Hood ballads such as Robin Hood and the Tanner and Robin Hood and the Scotchman are merely variations upon the theme of The Jolly Pinder of Wakefield. Although very few ballads reveal that Robin has a love interest such as Robin Hood and Maid Marian, and Robin Hood’s Birth, Breeding, Valour, and Marriage which sees Robin marry Clorinda, the Queen of the Shepherdesses, Child has no compunction about including these in the tradition. Child also includes Martin Parker’s A True Tale of Robin Hood originally published in 1632.[18] This ballad names Robin as the Earl of Huntingdon, yet is included despite his remarks that any ballad stating that Robin was a nobleman was of dubious canonicity.

Conclusion

The reasons why Child applied these double standards to these ballads will likely have died with Child himself. Child’s view has persisted into modern scholarship. Barrie Dobson and John Taylor state in Rymes of Robyn Hood that

Mrs. Brown’s ballad owes nothing but Robin Hood’s name to the native English cycle of stories.

While they even went so far as to suggest that Brown simply invented the stories, saying that

It remains suspicious that for the missing story of [Robin Hood’s] birth we have to wait until the recitation of a remarkable Scottish woman delivered five years after the first (1795) edition of Ritson’s comprehensive collection.[19]

The suggestion that Brown invented these ballads contradicts David C. Fowler’s earlier argument that Mrs. Brown’s ballads were learned from her mother, aunt, and her maidservant. Moreover, Mrs. Brown’s ballads appear nowhere in the even more recent ballad anthology by Stephen Knight and Thomas Ohlgren entitled Robin Hood and Other Outlaw Tales (2000).[21] But the exclusion of Brown’s ballads from the overall tradition, especially in the face of the double standards applied to their ‘authenticity’ when compared to other Robin Hood tales, should encourage a rethink of what scholars mean by ‘canon’ when discussing legends such as Robin Hood.

rh1
Robin Hood: A Tale of the Olden Time 2 Vols. (Edinburgh, 1819)

However, Mrs. Brown would go on to enjoy a ‘literary afterlife’ as the old village woman Goody in the framing narrative of the first Robin Hood novel entitled Robin Hood: A Tale of the Olden Time published in 1819. The novel begins in the nineteenth-century lawyer’s home in Oxfordshire where he is holding a dinner party, and the subject turns to ancient songs and ballads. The lawyer reveals that there is a woman named Goody living in the village who is descended from Welsh bards and knows by heart several tales of Robin Hood. On the next evening the whole village descends on Goody’s cottage to hear a tale of Robin Hood and his merry men.[22] Stephen Knight, who has studied this novel in depth, agrees that Goody is modelled upon Mrs. Brown.[23]

Robert Southey in his unfinished poem entitled Robin Hood: A Fragment which was published in 1847 utilises the plot of The Birth of Robin Hood. Earl William – a name obviously taken from Brown’s ballad – and his lover Emma are now respectably married:

O! Emma! fairest, loveliest of thy sex!
[…]
For sure, if ever on a marriage day
Approving angels smiled
Upon their happy charge,
‘Twas when her willing hand
Was to Lord William given.
The noble to the noble — blooming youth
To manhood in its comeliness and prime:
Beauty to manliness and worth to worth;
The gentle to the brave —
The generous to the good.[24]

In fact, Southey expanded and continued the plot of Brown’s ballad, which sees Robin’s mother die and Earl William descend into depression. Thus the situation is this: works which are considered to be canonical have taken some of their inspiration from a supposedly non-canonical work, and in view of this, perhaps it is time to reconsider the status of Mrs. Brown’s ballads within the Robin Hood tradition.


References

[1] Stephen Knight, Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015), pp.36-54.
[2] See Monica Santini, The Impetus of Amateur Scholarship: Discussing and Editing. Medieval Romances in Late-Eighteenth and Nineteenth-Century Britain (Bern: Peter Lang, 2010).
[3] Ruth Perry, ‘The Famous Ballads of Anna Gordon, Mrs. Brown’ in A Cultural History of Women in the Age of Enlightenment ed. by Ellen Pollack 6 Vols. (Michigan: Michigan State University Press, 2012) 4: 2 [Internet <https://lit.mit.edu/wp-content/uploads/Famous-Ballads.pdf&gt; Accessed 27 July 2016].
[4] For a critical edition, see Anna Gordon Brown, ‘The Birth of Robin Hood’ in Rymes of Robyn Hood: An Introduction to the English Outlaw ed. by R. B. Dobson & J. Taylor 3rd Edn. (Stroud: Sutton, 1997), pp.195-197.
[5] Brown, ‘The Birth of Robin Hood’, p.197.
[6] Anna Gordon Brown, ‘The Wedding of Robin Hood and Little John’ in A Lytell Geste of Robin Hood ed. by J. M. Gutch (2 Vols. London: Longman, 1847), 2: 391.
[7] Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (London: T. Egerton, 1795; repr. London: Longman, 1820).
[8] Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. London: C. Stocking, 1823).
[9] Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. 2 Vols. London: William Pickering, 1832).
[10] Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. London: Bell and Daldy, 1865).
[11] A Lytell Geste of Robin Hode ed. by J. M. Gutch, 2: 373; the translation of the Latin reads ‘how different from the present man was the youth of earlier days’.
[12] A Lytell Geste of Robin Hode, ed. by J. M. Gutch, 2: 377.
[13] Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. [n.p.]: [n.pub.], [n.d.]).
[14] The English and Scottish Popular Ballads, ed. Francis J. Child (5 Vols. Boston: Little, Brown & Co. 1882-1898; repr. 5 Vols. New York: Dover, 2005), 2: 406.
[15] Child, 2: 417.
[16] Child, 2: 412.
[17] Child, 3: 130.
[18] Child, 3: 227-233.
[19] Dobson Taylor, p.195.
[20] Suzanne Gilbert, ‘Orality and the Ballad Tradition’ in The Edinburgh Companion to Scottish Women’s Writing ed. by Glenda Norquay (Edinburgh: Edinburgh University Press, 2012), 35-43 (pp.39-40).
[21] Robin Hood and Other Outlaw Tales, ed. by Stephen Knight & Thomas Ohlgren (Kalamazoo, MI: Medieval Institute Publications, 2000).
[22] Anon. Robin Hood: A Tale of the Olden Time 2 Vols. (Edinburgh: Oliver & Boyd, 1819), 1: 54-78.
[23] Knight, Reading Robin Hood, p.146-147.
[24] Robert Southey, Robin Hood: A Fragment (London: William Blackwood, 1847), pp.1-2.

Last Dying Speeches, Trials, and Executions: The Changing Format and Function of Crime Broadsides, c.1800 – c.1840

A paper delivered at Pernicious Trash? Victorian Popular Fiction, c.1830-c.1880, Leeds Trinity University 12 September 2016.


Abstract: Crime broadsides are usually assumed to be unchanging and static. Yet this paper argues that subtle changes appeared in their format and content over time which reflect changing public attitudes to crime and criminality.


The morning dawned […] the clock had just struck eight, when the voice of a man in the street fell upon his ear. He heard the following announcement: –

“Here is a full account of the horrible assassination committed by the miscreant William Bolter upon the person of his wife […] only one penny! The fullest and most perfect account – only one penny!”

G. W. M. Reynolds, The Mysteries of London (1844-45).[1]

Introduction

As G. W. M. Reynolds’ statement implies, crime broadsides were a regular feature of Victorian street life. Henry Mayhew in London Labour and the London Poor (1851) remarked how a ‘very extensive […] portion of the reading of the poor is supplied by “Sorrowful Lamentations” and “Last Dying Speech, Confession, and Execution” of criminals’.[2] The association of crime broadsides with the poor persisted into twentieth-century historical criticism, even though they addressed readers of all classes.[3] Indeed, crime broadsides were once denounced by F. W. Chandler as

Catering to the vulgar instincts of the vulgar many’ and falling ‘below the dignified historian’s line.[4]

Thankfully, academics such as Vic Gatrell, Andrea McKenzie, and Phillipe Chassaigne now recognise the value of these sources and what they can tell historians about constructions of criminality in the past.[5] Yet even by modern scholars broadsides are usually written about as though they were unchanging, static pieces of literature. The digitisation of broadsides by Harvard Library School of Law and the National Library of Scotland, however, has been especially useful for the research presented in this paper which examines change over time in the content of broadsides;[6] no longer are broadsides

So widely scattered as to be reassembled for the purposes of study only at a cost of pains and patience out of all proportion to their apparent merit.[7]

This paper analyses broadsides relating to property theft between c.1800 and .1840. It is best to focus upon one type of crime because others provoked different responses in the press: murder was a sin against God, whilst forgery was viewed essentially an act of treason. The argument of this paper is that subtle changes occurred in the format and content of crime broadsides reflected changing public attitudes to criminality, thus building upon an undeveloped statement by Peter Linebaugh in The London Hanged (1991) where he stated that ‘there has hitherto been a tendency to overlook the changing nature of broadsides’.[8] This paper will show how late eighteenth and early nineteenth-century broadsides reflect the Georgian attitude to criminality, in which a degree of sympathy is extended to the condemned felon. This paper then shows how the content gradually evolved and manifested a typically Victorian view of criminality, where empathy with the accused gradually disappeared in favour of emphasising the offender’s guilt and just punishment through an increased focus upon the victim and the trial.[9] Hence ‘Last Dying Speeches’ gradually became the ‘Trial and Execution’ of a felon.

Context: Shifting Perceptions of Criminality during the Eighteenth and Nineteenth Centuries

During the eighteenth century, criminals could come from a wide variety of social backgrounds. Criminal biographies such as Alexander Smith’s A Complete History of the Lives and Robberies of the Most Notorious Highwaymen (1719) usually highlighted the fact that most criminals such as the highwayman Ned Bonnet were ‘born of very good and reputable parents’.[10] This was in order that, as Henry Fielding mused in a revised edition of Jonathan Wild (1743), the offenders ancestors ‘might serve as a foil to himself’.[11] Yet a criminal’s family could be ‘good and reputable’ whether they were rich or poor. Social status had no bearing upon criminality because ‘all men [were] equally tainted by original sin’, hence ‘criminals [were] not different in kind from other people, only in degree. Anyone might become a criminal.’[12] Like Captain Macheath in The Beggar’s Opera (1728), whose love of women and good living eventually brings him to the gallows, criminals were simply people with a tragic fatal flaw in their character, who had succumbed to their sinful inclinations.[13] It is this idea that criminals could be ‘everyman’ which accounts for the sympathy extended to some felons in eighteenth-century criminal accounts.

The situation changed as the nineteenth century progressed, when the poor migrated to cities as a result of industrialisation and urbanisation. One effect of having so many people living in dire poverty in close proximity is that the areas where they do live become a natural breeding ground for crime. The early socialist writer Frederich Engels in The Condition of the Working Class in England stated that ‘the incidence of crime has increased with the growth of the working-class population and there is more crime in Britain than in any other country in the world’.[14] In the early Victorian press, then, references to ‘professional criminals’ and ‘criminal classes’ began to appear. This type of offender is represented, for example, by men such as Bill Sikes and Fagin in Dickens’ Oliver Twist (1838), who inhabit an ‘underworld’ peopled by other ominous creatures. Thus the Victorian elites began to believe that there was a “criminal class”, drawn from its poorest ranks, who was responsible for the majority of crime. In other words, there was now a sociological explanation for criminality. Criminals were no longer dashing highwaymen such as James Maclean or Claude DuVall. Instead they were largely portrayed as desperate and wicked fellows.

Broadside Images

The public execution of criminals by hanging was a common occurrence in Britain. For example, a Londoner born in 1780 would have had the opportunity to witness four hundred hangings by 1840.[15] Early broadsides usually contained a crude woodcut of a man being hanged, or the moment that they were ‘launched into eternity’. These woodcuts did not depict the actual felon from the text, however, because they were stock images that were often reused on several occasions. The same woodcut, for instance, is used by the Leicestershire-based publisher, Martin, to depict the hanging of both Thomas Wilcox at Nottingham in 1820,[16] and of William Oldfield at Bradford also in 1820.[17]

comparison
Courtesy Harvard Library School of Law HOLLIS IDs: 009799979 & 009799658

To a modern reader these images appear macabre. Precisely what individuals during the nineteenth century felt upon seeing such images may never be known. Gatrell does speculate, however, upon what contemporaries may have thought, arguing that they were

Totemic artefacts […] symbolic substitutes for the experiences watched […] mementoes of events whose psychic significance was somehow worth reifying.[18]

epsom
Courtesy of Harvard Library School of Law HOLLIS ID: 007076646

Gatrell further hints that the images may have allayed readers’ fears regarding their own mortality, making them inwardly thankful that they were not upon the scaffold themselves.[19] The further emotion that may have been elicited by the crude and macabre woodcuts is sympathy. Sympathy can be extended to a man depicted in the moment of dying upon the gallows, a point raised recently by Rachel Hall in her research on American outlaws in visual culture.[20] But by the 1820s broadside images began to become more detailed, and many were including images of the crime being perpetrated. For example, the only image included upon the broadside detailing the Epsom Murder and Highway Robbery in 1834 committed by Charles Cottrell is literally of the victim’s brains being blown out.[21] Sympathy can easily be extended to a man about to die, but it is harder to empathise with a person who is depicted as committing a brutal criminal act.[22]

dormand
Courtest of The National Library of Scotland Shelfmark: 6.314(31)

Headline and Text

Broadside images alone are not sufficient to illustrate the argument of this paper because some obscure publishers were reusing eighteenth-century woodcuts as late as the 1860s,[23] thus it is better to concentrate upon changes in the textual content of broadsides. Headlines usually followed a similar formula of words. For example, there is The Last Speech, Confession, and Dying Words of James Dormand in 1793.[24] Similarly, nine years later there was The Last Dying Speech and Confession of Ferdinando Davis, Who was Executed at Nottingham on Wednesday 31st March 1802 (1802).[25] Broadsides recounted what their respective titles advertised: an account of the life of the criminal, their dying speech and last moments. A great deal of continuity is apparent in these late eighteenth-century and early nineteenth-century broadsides with the way that earlier criminal biographies presented their accounts of criminals’ early lives. For example, James Dormand was born to ‘honest and respectable parents’.[26] The same goes for the highway robber Thomas Hopkinson who was executed at Derby in 1819. Born of ‘respectable’ parentage but:

He formed an intercourse with abandoned companions, and commenced that profligate career which brought him to his untimely end […] his whole time was spent in the perpetration of almost every species of vice. The petty pilferings in which he first engaged, gradually, led him on to bolder offences: his mind became so familiarized with guilt, that he seemed scarcely sensible of its depravity; and thus, in the natural progress of iniquity, he was led on till he was “driven away with his wickedness”.[27]

That account is reminiscent of a 1724 account of the life of Jack Sheppard (1702-1724) who was said to have first turned to crime after having associated with the prostitute Edgeworth Bess, thereafter committing a string of robberies.[28] As already stated, in the eighteenth century all people were assumed to be capable of crime because everybody was guilty of original sin, and therefore anyone might become a criminal. A person usually became a criminal when they began committing small sins, such as the pilfering of farthings and marbles, and this gradually led them on to bolder offences.[29]

broadside-1802
Courtesy of Harvard Library School of Law HOLLIS: 009799953

Yet by the 1820s broadsides began to include a mention of the trial in both the headline and the body of the text. They began to carry titles such as Trial and Sentence,[30] or, as in the case of the burglar William Harley in 1836, The Life, Trial, and Awful Execution of William Harley for the Chipstead Burglary.[31]

broadside-1836
Courtesy of Harvard Library School of Law HOLLIS ID: 007053667

These later broadsides contained a very brief account of the life of the criminal. Indeed, all that is said of Charles Cottrell, the perpetrator of the Epsom robbery cited above, is that he was ‘known to be a desperate fellow’, thus associating him with the poor and dispossessed, or the criminal or dangerous classes.[32] The depiction of the trial in the main body of the text would have left readers in no doubt as to the felon’s guilt. James Mitchell and John Sharp in 1825, for example, are depicted as being unequivocally guilty because

After a few minutes’ absence, [the jury] returned a viva voce verdict, finding the pannels [sic] guilty.[33]

That is a very simplistic representation of the particulars of the case: Mitchell and Sharp committed a heinous crime, had been found guilty by a jury of their peers, and sentenced to death. Justice had been served. The inclusion of the trial served an important function when many people’s exposure to the workings of the judicial process would have been rare. It included people into the judicial sphere, and with the gradual focus upon the victim in the text, the trial allowed ‘the whole community to unite against the criminal’.[34]

Michel Foucault states that public executions during the eighteenth century, and their representation in print, effectively shamed both the executioner (the state) and the condemned. But when publicity shifts to the trial, and to the sentence, the execution of a criminal becomes something that justice is ashamed of but deems necessary to impose upon the condemned criminal for breaking the social contract.[35] Changing sensibilities and the rise of respectability during the nineteenth century meant that by the 1820s and 1830s the highwaymen depicted on broadsides were not the semi-glamorised and heroic individuals that they had been in the eighteenth century (unless they were historic, of course, as in William Harrison Ainsworth’s novels). Instead they were simply felons who were deserving of their fate. While Charles Dickens (1812-1870) may have criticised public executions for their effect upon the morality of the spectators, he never argued that these men should not be executed, and in the latter part of his life he declared that ‘I should be glad to abolish both [public executions and capital punishment] if I knew what to do with the Savages of civilization. As I do not, I would rid Society of them.’[36]

One aspect of broadsides which appears to have remained constant was the moment that the criminal was ‘launched into eternity’, which was a common phrase to appear on broadsides. Other such phrases include burglars such as Thomas Boggington and Thomas Francis who in 1813 ‘met their awful fate’.[37] Being ‘launched into eternity’ through hanging was a painful, degrading experience: the hanged felon would feel cervical pain along with an acute headache as a result of the rope closing off the veins of the neck; sensory signals from the skin above the noose and from the trigeminal nerve would continue to reach the brain until hypoxia blocked them; male sufferers would have an erection after hanging due to the pooling of blood in the legs and lower body, and might also ejaculate while dangling on the rope.[38] These euphemisms, however, sanitised the state-sanctioned violence of the death sentence:[39] it seems that ‘it [was] ugly to be punishable, but there [was] no glory in punishing’.[40] The execution really was something that the state was ashamed to have to impose.

Conclusion

The digitisation of crime broadsides in recent years has facilitated an examination of their changing format and content. This paper has shown that while their general format and appearance changed little over the course of this period, there were subtle differences that can be discerned from studying their content over time. The earliest broadsides represented continuity with an eighteenth-century view of criminality which held that all people were capable of committing crime because of original sin, and which consequently accounts for the sympathetic view of criminals in them. Broadsides from the 1820s and 1830s, however, told a different story. The inclusion of the trial inculcated a respect for the law, with death being presented as something that the justice system was ashamed to impose upon its offenders who were, if broadside accounts are to be believed, deserving of their fate.


References

[1] G. W. M. Reynolds, The Mysteries of London (2 Vols. London: J. Dicks, 1845; repr. London: Printed for the Booksellers [n.d.]), p.42.
[2] Henry Mayhew, London Labour and the London Poor (3 Vols. London: George Woodfall & Sons, 1851; repr. Oxford: Oxford University Press, 2010), p.93.
[3] Last Farewell to the World of John Cashman, for Burglary, who is Ordered for Execution on Wednesday next, Opposite Mr. Beckwith’s House, on Snow Hill; Andrew Barton and James Frampton, for Highway Robbery, who will be Executed on Friday in the Old Bailey ([London]: Pigott, Printer, Old Street, London [1817]). Harvard Library School of Law HOLLIS: 008108832; for example, ‘Good people all a warning take’ appears in this broadside and many others, implying that broadside publishers at least anticipated a wider readership for their wares.
[4] F. W. Chandler, The Literature of Roguery 2 Vols. (Cambridge: The Riverside Press, 1907), 1: 181
[5] V. A. C. Gatrell, The Hanging Tree: Execution and the English People, 1770-1868 (Oxford: Oxford University Press, 1994); Andrea McKenzie, Tyburn’s Martyrs: Execution in England, 1675-1775 (London: Continuum, 2007); Phillip Chassaigne, ‘Popular Representations of Crime: The Crime Broadside – A Subculture of Violence in Victorian Britain?’ Crime, Histoire & Sociétés / Crime, History & Societies 8: 2 (1999), 23-55.
[6] Harvard Library School of Law Dying Speeches and Bloody Murders: Crime Broadsides [Internet << http://broadsides.law.harvard.edu/faq.php Accessed 11 September 2016] & National Library of Scotland Word on the Street [Internet <http://digital.nls.uk/broadsides/&gt; Accessed 11 September 2016].
[7] Chandler, The Literature of Roguery, 1: 181.
[8] Peter Linebaugh, The London Hanged: Crime and Civil Society in Eighteenth-Century England (London: Penguin, 1991), p.89.
[9] Lincoln B. Faller, Turned to Account: The Forms and Functions of Criminal Biography in Late Seventeenth- and Early Eighteenth-Century England (Cambridge: Cambridge University Press, 1987), p.54.
[10] Alexander Smith, A Complete History of the Lives and Robberies of the Most Notorious Highwaymen ed. by Arthur Heyward (3 Vols. London: J. Morphew, 1719; repr. London: Routledge, 1933), p.56.
[11] Henry Fielding ‘Jonathan Wild’ in The Works of Henry Fielding 12 Vols. (London, 1743; repr. London: J. Bell, 1775), 5: 4.
[12] Faller, Turned to Account, p.54.
[13] John Brewer, The Pleasures of the Imagination: English Culture in the Eighteenth Century 2nd Edn. (London: Routledge, 2013), p.351.
[14] Frederich Engels, The Condition of the Working Class in England (1848 repr. London: Penguin, 2009).
[15] Gatrell, The Hanging Tree, p.32.
[16] Account of the Life, Character and Behaviour of T. Wilcocks, Who was Executed this Day, March 29th, 1820, on Nottingham Gallows, for Highway Robbery ([Leicester]: Re-printed by Martin, Leicester [1820]). Harvard Library School of Law HOLLIS: 009799979.
[17] The Full Confession and Execution of William Oldfield, Innkeeper, of Bradford, Yorkshire, Who Suffered on Thursday Last, July 27, 1820, at York for the Murder of his Wife Mary Oldfield ([Leicester]: Re-printed by Martin, Leicester [1820]). Harvard Library School of Law HOLLIS: 009799658.
[18] Gatrell, The Hanging Tree, p.175.
[19] Gatrell, The Hanging Tree, p.243.
[20] Rachel Hall, Wanted: The Outlaw in American Visual Culture (Charlottesville, VA: University of Virginia Press, 2009), p.37.
[21] The Latest Particulars: The Epsom Murder and Highway Robbery: Committed, as Supposed to be, by Two Ruffians, on Mr. John Richardson, Farmer of Bletchingly, Who was Robbed, and Barbarously and Inhumanly Murdered about Half-Past Six O’Clock in the Evening of Wednesday the 26th of February 1834, on his Return Home from Epsom Market ([n.p.] [n.pub.], 1834). Harvard Library School of Law HOLLIS: 007076646.
[22] Rosalind Crone, Violent Victorians: Popular Entertainment in Nineteenth-Century London (Manchester: Manchester University Press, 2012), p.107; the representation of such violent acts, naturally, was also a part of the increasing demand on the part of nineteenth-century audiences for violent entertainment.
[23] Life, Trial, Sentence, and Execution of Catherine Wilson, for the Murder of Mrs. Soames ([London]: Taylor, Printer, 93, Brick Lane Spitalfields, [ca. 1862]). Harvard Library School of Law HOLLIS: 008120856.
[24] The Last Speech, Confession, and Dying Words of James Dormand, Who was Execute [sic’] at Perth, on Friday 31st May 1793 for Highway Robbery ([n.p.] [n.pub], 1793). National Library of Scotland, Shelfmark 6.314(31).
[25] The Last Dying Speech and Confession of Ferdinando Davis, Who was Executed at Nottingham on Wednesday 31st March 1802 ([Leicester]: Throsby, Printer, Leicester, [1802]). Harvard Library School of Law HOLLIS: 009799953.
[26] The Last Speech, Confession, and Dying Words of James Dormand.
[27] The Life and Execution of Thomas Hopkinson, Jun.: Who Suffered this Day on the New Drop, in Front of the County Gaol, Derby, for Highway Robbery ([Derby]: G. Wilkins, Printer, Queen Street, Derby [1819]). Harvard Library School of Law HOLLIS: 005949713.
[28] Anon. ‘The History of the Remarkable Life of John Sheppard’ in Defoe on Sheppard and Wild ed. by Richard Holmes (London: Harper, 2004), pp.5-6.
[29] McKenzie, Tyburn’s Martyrs, p.59.
[30] Trial and Sentence: A Full and Particular Account of the Trial and Sentence of James Mitchell and John Sharp ([n.p.] [n.pub.], 1825). National Library of Scotland. F.3.A.13(99)
[31] Life, Trial, and Awful Execution of William Harley, for the Chipstead Burglary at Horsemonger Lane Gaol, Old Montague Street, Whitechapel (London: Carpue, Printer [1836]). Harvard Library School of Law HOLLIS: 007053667.
[32] The Latest Particulars: The Epsom Murder and Highway Robbery.
[33] Trial and Sentence: A Full and Particular Account of the Trial and Sentence of James Mitchell and John Sharp.
[34] Chassaigne, Popular Representations of Crime, p.40.
[35] Michel Foucault, Discipline and Punish: The Birth of the Prison System Trans. by A. Sheridan 2nd Edn. (London: Penguin, 1977), p.9.
[36] Charles Dickens cited in Michael Fraser, Charles Dickens: A Life Defined by Writing (New Haven: Yale University Press, 2009), p.249.
[37] The Trial and Execution, of Thos. Boggington, Sen., Thomas Francis, Thomas Norman, William Hasledon, alias Samuel Moss, for Burglaries; and Luke Marin, for Coining, who Suffered Death, this Morning, at the Surrey County Gaol, Horsemonger-Lane ([London]: Printed by Jennings, 13, Water-Lane, Fleet-Street, London. [1813]). Harvard Library School of Law HOLLIS: 003184872.
[38] Capital Punishment UK, ‘Hanged by the neck until dead! The processes and physiology of judicial hanging’ [Internet] http://www.capitalpunishmentuk.org/hanging2.html#pain [Accessed 12/08/2014].
[39] Crone, Violent Victorians, p.103
[40] Foucault, Discipline and Punish, p.10.

Capt. Alexander Smith’s “A History of the Lives and Robberies of the Most Notorious Highwaymen, Footpads, Shoplifts, and Cheats” (1714)

The eighteenth century was a period which witnessed a great deal of interest in crime. With a rising crime rate, and an inefficient system of law enforcement that consisted of corrupt thief takers and part time constables, people sought to understand the workings of the criminal mind. For this they turned to the numerous pieces of crime literature that were available in the eighteenth century. Alexander Smith’s A History of the Lives and Robberies of the Most Notorious Highwaymen, Footpads, Shoplifts, and Cheats (1714) was the forerunner to Captain Charles Johnson’s more famous Lives and Actions of the Most Noted Highwaymen (1734) and Lives of the Most Remarkable Criminals (1735). With its combination of excessive moralism and sensational reporting, Smith’s work deserves discussion because it set the tone for successive portrayals of criminal in eighteenth- and nineteenth-century literature.

Golden Farmer
An 18th-Century Illustration of the Golden Farmer

The details of who Smith was are now lost to us, and the name is most certainly a pseudonym – a guise that Smith’s successor Johnson would also adopt. The first volume of Smith’s compendium of criminals’ life stories appeared in 1714 in a small 12mo volume (5.5 inches by 7.5 inches). This first volume contained accounts of criminals that had appeared in the fifty years before Smith’s lifetime, including James Hind (1616-1652), James Whitney (d. 1694), and William Davies alias ‘The Golden Farmer’ (1627-1690). Smith’s had to at least pretend that his books were going to serve a moral purpose to make them acceptable to polite readers:

Since preceding generations have made it their grand care and labour not only to communicate to posterity the lives of good and honest men, that thereby men might fall in love with the smooth and beautiful face of virtue, but have also taken pains to recount the actions of criminals and wicked persons, that by the dreadful aspects of vice they may be deterred from embracing her illusions, we here present the public with ‘An History of the Lives of the Most Noted Highwaymen’. [1]

highwayman
Engraving of an 18th-Century Highwayman

Despite this benign moral intention behind his work, all that Smith really wants to do is to provide sensational and violent entertainment. Despite the fact that he condemns all of the criminals in his account as ‘wicked’ or ‘licentious’, and stressing how his work was ‘not published to encourage wickedness’, [2] he takes great delight in going into great detail about every violent act the criminals commit. Take the case of a burglary committed on the house of Mr. Bean by Sawney Cunningham, a highwayman and murderer who lived during the reign of Charles I:

He went one day to pay a visit to one Mr. William Bean, his uncle by his mother’s side, and a man of unblameable conversation; who, asking his wicked nephew how he did, and several other questions relating to his welfare, he for answer stabbed him with his dagger to his heart. [3]

Smith recounts with great delight some scenes of rape, or ‘ravishing’ as he calls it. This is the case with a criminal named Patrick O’Bryan, who with his gang break into a house, tie up the five servants, and attempt to rape the lady of the house’s daughter:

Next they went into the daughter’s room, who was also in bed; but O’Bryan being captivated by her extraordinary beauty, quoth he, Before we tie and gag this pretty creature, I must make bold to rob her of her maidenhead. So whilst the villain was eagerly coming to the bedside, protesting that he loved her as he did his soul and designed her no more harm than he did himself, the modest virgin had wrapped herself up in the bedclothes as well as time would permit. And as he took her in one arm, and endeavoured to get his other hand between herself and the sheet, she made a very vigorous defence to save her honour, for though she could not hinder him from often kissing, not only her face, but several other parts of her body, as by struggling they came to be bare; yet by her nimbleness in shifting her posture, and employing his hands so well as her own, they could never attain to the liberty they chiefly strove for. [4]

Often criminal accounts were used as a source of erotica for eighteenth-century readers which indicates that little attention was paid by readers to the moral message behind such texts. [5]

Smith’s work was an instant success, and an enlarged version of his work appeared in two volumes in early 1719, with another expanded three volume edition appearing later the same year. By the time that volume three was published, some of Smith’s accounts begin to verge upon the ridiculous. In volume three the reader is treated to accounts of Sir John Falstaff and Robin Hood (who Smith tries to portray as wicked as all of his other criminals).

sb1
18th-century illustration of Murderer and Highwaymen, Sawney Beane.

All of Smith’s accounts follow a similar formula: he opens the account of an offender’s life with a discussion of their birth and parentage. The felons’ parents are always good people. Whether this was true or not is unknown, but Johnson uses accounts of the parents’ lives so that they might act as foils to the offender, who is usually portrayed as a wicked sinner. This is the case with Ned Bonnet, a highwayman whose life is laid bare for the reader in Smith’s history:

Edward Bonnet was born of very good and reputable parents in the Isle of Ely, Cambridgeshire, who bestowing some small education upon him, as reading, writing, and casting accounts, about the fifteenth year of his age, he was put an apprentice to a grocer living at Potton, in Bedfordshire, whom he served honestly. [6]

After an account of the offender’s good upbringing, Smith tells the tale of how the criminall falls into an ever deeper circle of vice and sin. The tales of most of the male offenders related by Johnson are usually cast as the tale of an idle apprentice who disdains honest employment. This usually follows as the result of keeping unwholesome company, as is the case of Tom Gerrard, a house-breaker:

Having some small education bestowed on him he was, when about sixteen years of age, put apprentice to a poulterer in Clare Market, where he served part of his time. But he addicted himself to ill company, so that wholly leading a loose and idle life, it drew him into many straits and inconveniences. To repair these, he took to the trade of thieving. [7]

What then follows is a tale of all the major robberies committed by the villain, often narrated in very quick succession. The offender’s crimes begin small, often through the pilfering of farthings and marbles, and then they move on to bolder offences. Crime was viewed almost like it was an addiction in eighteenth-century narratives, much like today how ‘soft’ drugs lead on to ‘harder’ drugs. [8]

Sometimes Smith’s highwaymen come across as sympathetic figures. The ambiguously sympathetic portrayals of highwaymen that we see in criminal biographies are a result of the fact that crimes were seen as sins by eighteenth-century contemporaries. These men are not wicked to the bone, but rather have simply made bad life choices which have consequently led them into a life of crime. Such bad life choices include becoming addicted to drink, gambling, whoring and all the other vices available to young men in eighteenth-century towns. [9]

Towards some of his highwaymen Smith even has a grudging admiration. This was especially the case with the seventeenth-century Royalist highwayman, James Hind. Smith was evidently an ardent royalist, and praised Hind for having once robbed:

That infamous usurper Oliver Cromwell as [he was] coming from Huntingdon to London. [10]

At the end of the tale readers are given an account of the criminal’s death, and notwithstanding the sympathetic portrayals of highwaymen that we encounter in Johnson’s narratives, hanging is usually portrayed as a sentence that is justly deserved, and the case of another highwayman, Jack Shrimpton, is typical of how many of Smith’s accounts end:

At length, being brought to trial, he was convicted not only for wilful murder, but also for five robberies on the highway. After sentence of death was passed upon him he was very careless of preparing himself for another world, whilst under condemnation […] When he came to the place of execution at St. Michael’s Hill, he was turned off without showing any signs of repentance, on Friday the 4th of September 1713. Thus died this incorrigible offender. [11]

However much readers may have sympathised with a criminal, they usually liked to see them punished just as much – to see justice done, as Joseph Addison (1682-1719) explained that:

The mind of man is naturally a lover of justice, and when we read a story wherein a criminal is overtaken, in whom there is no quality of which is the object of pity, the soul enjoys a certain revenge for the offence done to its nature, in the wicked actions committed in the preceding part of the history. [12]

What we witness when reading criminal biography, furthermore, is nothing less than the birth of the novel: criminal biography freely mixed fact and fiction and, dwelling as it did upon those of low social status (whereas the ‘romance’ – the dominant form of fiction – had usually dwelt upon aristocrats), it primed readers ready for larger factitious accounts of those from low social status. Indeed, Defoe’s Moll Flanders (1722) cann be regarded as a criminal biography writ large.

Mollflanders
Moll Flanders (1722)

True crime writing – the type of books that are sold in Railway station bookshops for a few pounds today – have continued Smith’s style of writing: lurid, sensational, and giving readers a glimpse into the criminal psyche. Even television shows such as Law and Order and Criminal Minds arguably do the same. The Georgians’ love of crime writing shows how, even though manners and social customs can change over time, people have always had a taste for the lurid and violent. And like people today, although the Georgians enjoyed crime as entertainment, they enjoyed seeing criminals get their just desserts also.


References

[1] Alexander Smith, A Complete History of the Lives and Robberies of the Most Notorious Highwaymen, Footpads, Shoplifts and Cheats Ed. Arthur Heyward (London: Routledge, 1927), p.1.
[2] Smith, Highwaymen, p.401.
[3] Smith, Highwaymen, p.24.
[4] Smith, Highwaymen, p.167.
[5] Peter Wagner, ‘Trial Reports as a Genre of Eighteenth-Century Erotica’ Journal for Eighteenth-Century Studies 5: 1 (1982), pp.117-121.
[6] Smith, Highwaymen, p.56.
[7] Smith, Highwaymen, p.167.
[8] Andrea McKenzie, Tyburn’s Martyrs: Execution in England, 1675-1775 (London: Hambledon, 2007), p.59.
[9] Lincoln B. Faller, Turned to Account: The Forms and Functions of Criminal Biography in Late Seventeenth- and Early Eighteenth-Century England (Cambridge: Cambridge University Press, 1987), 71.
[10] Smith, Highwaymen, p.138.
[11] Smith, Highwaymen, p.144.
[12] Joseph Addison, ‘Number 491’ in The Spectator: A New Edition, Reproducing the Original Text, Both as First Issued and as Corrected by its Authors Ed. Henry Morley (London: George Routledge, 1880), 699-701 (p.701)

Historic Yorkshire Criminals: William Knipe’s “Criminal Chronology” (1867)

The eighteenth century was the period in which criminal biography flourished, when men such as Charles Johnson were publishing books such as Lives of the Highwaymen (1734) alongside serialised publications such as The Newgate Calendar and The Proceedings of the Old Bailey.

The genre did not die at the end of the eighteenth century, however, for during the nineteenth century two lawyers, Andrew Knapp and William Baldwin, published a new five volume edition of The Newgate Calendar in 1824 and a revised version 1826. A cheaper penny dreadful version entitled The New Newgate Calendar was published in 1863. Charles Macfarlane also authored The Lives and Exploits of Banditti and Robbers in All Parts of the World (1833) while in the following year Charles Whitehead published Lives and exploits of English Highwaymen, Pirates, and Robbers (1834).

Crime was perceived as a problem during the eighteenth century, but it is only in the nineteenth century that the government actually decided to do anything about it. The creation of a professionalised police force in 1829 replaced the haphazard system of law enforcement involving thief takers and part time constables that had existed until that point. Gaols, which had previously been nothing more than holding centres until an offender’s trial, became large institutions where people stayed for a long time. The persistence of criminal biography as a genre is therefore a reflection of the ongoing public debate that was occurring in parliament and the popular press over reforms to the criminal justice system.

FullSizeRender-1
William Knipe, Criminal Chronology of York Castle (1867)

Most of these collections detailing the lives of criminals were very London-centric, with little attention paid to criminals from outside the capital. In light of this, William Knipe authored Criminal Chronology of York Castle (1867). Knipes work gave a brief biography of almost every criminal executed at York between the fourteenth century and the mid-nineteenth century.

Like Johnson before him, Knipe intended his work to be read as a piece of moralist literature:

The numerous and melancholy examples which our pages record of persons hurrying on from one crime to another, till the awful hand of justice has required their lives, will, we trust, alarm and deter the young and inexperienced from an indulgence in those pursuits or company which tend to weaken their ideas of justice and morality, the sure and certain prognostic of future ruin.[1]

Despite the moral purpose behind his work, Knipe avoids the sensational style of writing that was characteristic of the work of Johnson. Knipe was an antiquary and wanted his discussion to appear more sober and detailed. While Johnson often just made things up (Johnson even gives us an account of the life of that notorious robber, Sir John Falstaff), Knipe’s work was ‘carefully compiled from prison documents, ancient papers, and other authentic sources’ according to the title page.[2]

Ivanhoe 1871
Micklegate, York in the 19th century

The gallows in York was first erected on 1 March 1379 in order to execute all those who had been capitally convicted in the County of Yorkshire,[3] and the first criminal to have the ‘honour’ of being executed at the ‘York Tyburn’ (so called after the more famous London Tyburn) was a man called Edward Hewison:

At the Spring Assizes of 1379, Edward Hewison, aged 20, a native of Stockton, near York, and a private soldier in the Earl of Northumberland’s Light Horse, was tried and capitally convicted for committing a rape upon Louisa Bentley, 22 years of age […] when Hewison saw her alone in the field on the footpath, he got off his horse and tied it to a tree. He then went into the field, threw the young woman down, and ravished her.[4]

While Knipe’s work is primarily a compendium of the lives of criminals, one thing which distinguishes his work from earlier works by Johnson et al is the fact that he includes political rebels. The three leaders of the ‘Pilgrimage of Grace’ during the reign of Henry VIII: Sir Robert Aske, Lord Hussey, and William Wode are all presented in his work. Aske got off lightly compared to the latter two, for he was merely ‘hanged in chains’ and his body left to hang in a gibbet.[5] Hussey and Wode, however, were hanged, drawn and quartered, and:

[Their] mutilated remains put into a coffin and given to their friends for internment.[6]

Whereas Johnson’s accounts of each individual criminal are quite lengthy, most of Knipe’s accounts of criminals who existed before the Victorian era are relatively short. This is all he says, for example, of two criminals from Leeds named John de Viner and Harris Rosenberg who were executed at the York gallows in 1603:

Saturday, March 30th, A.D. 1603. – Harris Roseberg, aged 56, a native of Florence; and John de Viner, aged 32, servant to the above, a native of Paris, were executed at the Tyburn without Micklegate Bar, for the atrocious murder of Mr. Millington, an innkeeper at Leeds, on the night of the 8th day of November last. These unfortunate men suffered death in the presence of a large concourse of spectators. Their bodies on being taken down from the scaffold were given to the surgeons for dissection, in accordance with the sentence passed upon them.[7]

The criminal who receives the lengthiest account in Knipe’s work is the famous highwayman Dick Turpin (1705-1739). For his account of Turpin, Knipe appears to have abridged an earlier account of Turpin’s life entitled The Genuine History of the Life of Richard Turpin (1739).

FullSizeRender(23)
Illustration of a criminal being executed from The Newgate Calendar

For criminals who existed prior to his own day Knipe avoids making any moral judgements upon their course of life. As he moves into his own era, the Victorian era, however, he begins to moralise more and more. While criminality in earlier periods can be explained by the fact that Englishmen’s manners and morals were not as refined as they were in his own day, the fact that criminals existed and were still being hanged in the Victorian period baffles Knipe. Take his account of a murder committed in Hunslet, Leeds in 1849:

Thomas Malkin. Saturday, January 6th, A.D. 1849. – Thomas Malkin was hanged on the new drop, in front of St. George’s Field, for the murder of Esther Inman, near Leeds. It is again our painful duty to record one of those brutalizing spectacles, of which England, that land of Bibles and privileges, can boast so many, viz., the public strangling of a fellow creature.[8]

This is a double-edged critique of Knipe’s own society – with Bibles and ‘privileges’ being plentiful in the Victorian era (Knipe does not say what these ‘privileges’ are), in theory there should be no criminals and no hangings.

Knipe’s accounts of criminals from before the Victorian era rarely carry any information about their trial. Likely this was down to lack of primary sources, but accounts of Victorian criminals are conspicuous in Knipe’s work with the inclusion of trial proceedings.

Knipe gives a lengthy account of the trial of Alfred Waddington from Sheffield who was executed on 15 January 1853 for the murder of his illegitimate child.[9] While most of Knipe’s accounts of pre-Victorian criminals concentrate upon the birth and upbringing of the offender, in the accounts of criminals from the mid-Victorian period sometimes all that Knipe gives the reader is details of the trial. This is the case in Knipe’s account of William Dove from Leeds, who was executed for murdering his wife Harriet on 9 August 1856.[10]

Eighteenth-century accounts of criminals presented criminality as something that was the result of original sin, and this contributed to an often sympathetic depiction of criminals. They were simply people who had succumbed to their sinful inclinations through a tragic fatal flaw. But the conception of criminality had changed by the Victorian era: criminality became associated with the rise of a criminal class – a class of people drawn from society’s poorest ranks and who were thought to be responsible for the majority of crime. At the same time, however, there were murmurings from middle-class reformers about the barbarity of the spectacle of public hanging. Some might even argue that society was collectively responsible for crime – as the saying by Emile Durkheim goes: ‘society gets the criminals it deserves’. Thus the wickedness and depravity of the offender was exposed with the inclusion of trial:

[When] publicity has shifted to the trial, and to the sentence, the execution itself is like an additional shame that justice is ashamed to impose on the condemned man.[11]

The criminal had failed society, and their guilt had been determined through being found guilty by a jury of their peers. They had been justly punished.

Knipe’s work does not appear to have been extremely popular, and only went through one edition. In contrast, Johnson’s Lives of the Highwaymen and The Newgate Calendar went through several editions during the Victorian era and are still being reprinted even today (the most recent edition of The Newgate Calendar was published by The Folio Society in 1993). The reason why Knipe’s work was not as successful, it might be speculated, is probably because it was too serious. It lacked Johnson’s acerbic wit and humour. Nevertheless, Knipe’s work is probably one of the most comprehensive accounts of crime in Yorkshire that has ever been published.


References

[1] William Knipe, Criminal Chronology of York Castle; with a Register of the Criminals Capitally Convicted and Executed at the County Assizes, Commencing March 1st 1379, to the Present Time (York: C. L. Burdekin, 1867), p.vii.
[2] Knipe, Criminal Chronology, p.i.
[3] Knipe, Criminal Chronology, p.1.
[4] Knipe, Criminal Chronology, pp.1-2.
[5] Knipe, Criminal Chronology, p.4.
[6] Knipe, Criminal Chronology, pp.4-5.
[7] Knipe Criminal Chronology, p.15.
[8] Knipe, Criminal Chronology, p.230.
[9] Knipe, Criminal Chronology, pp.240-244.
[10] Knipe, Criminal Chronology, pp.248-253.
[11] Michel Foucault, Discipline and Punish: The Birth of the Prison System (London: Penguin, 1975), p.9

UNLESS OTHERWISE STATED, ALL ILLUSTRATIONS ARE SCANNED IMAGES TAKEN FROM COPIES OF BOOKS IN MY OWN COLLECTION.

Curteous Outlaws and Elizabethan Rogues: The 16th-Century Context of “A Gest of Robyn Hode”

A conference paper to be delivered at the Forthcoming MEMS Festival, University of Kent, 17-18 June 2016.

Introduction

A number of excellent scholarly examinations have been carried out upon A Gest of Robyn Hode, notably by Stephen Knight, Thomas Ohlgren, John Marshall, and Alexander Kaufman, as well as older discussions by James C. Holt and R. B. Dobson and J. Taylor.[1] For the most part, these essays have focused upon the content of the Gest within its medieval context. It is the most significant of all the early Robin Hood poems, and at 1,824 lines long is certainly the longest, in all likelihood being a compilation of various Robin Hood tales to which somebody, at some point, gave unity.[2] It is the first time that Robin’s social mission is coherently articulated, being a man who ‘dyde pore men moch gode’.[3] The Gest is definitely of medieval origin, dating from the mid-fifteenth century.[4] It was not printed, however, until the early sixteenth century: one edition was printed by Jan Von Doesbroch in Antwerp around 1510; a further edition was printed by Wynken de Worde between 1492 and 1534; Richard Pynson also printed an edition of the Gest, with his death in 1530 obviously making his edition some time before that date; and William Copland printed an edition c.1560.[5]

Awdley Title Page
Title Page: John Awdley’s The Fraternity of Vagabonds (1575 Edn.)

When the Gest was being printed, a new type of criminal was emerging: the rogue and the vagabond. These felons did not live apart from society, as the greenwood outlaws of the past did. Instead they were a part of society, and were relatively indistinguishable from the law-abiding. This paper suggests that changes in the nature of crime, and its concomitant cultural expression – the emergence of rogue literature – contributed to the idealisation of Robin Hood and his gentrification. This paper will therefore discuss the Gest in the context of it being printed alongside sixteenth-century rogue literature, such as Robert Copland’s The Highway to the Spitalhouse (1535-36), Gilbert Walker’s Manifest Detection of Dice Play (1552), John Awdley’s Fraternity of Vagabonds (1561), and Thomas Harman’s A Caveat for Common Cursitors, Vulgarly Called Vagabonds (1566). This is not to say that these works are taken here to represent a ‘true’ picture of crime during the early modern period. Instead these texts are viewed as ‘factual fictions’: they were real to contemporaries, being an outlet ‘through which the various classes of the “middling sort” of Tudor and Stuart England projected their anxieties’.[6] People needed to believe in the myth of a good outlaw, even if such a myth was ultimately based upon a fiction, because real, contemporary criminals were altogether more menacing.

Context

The medieval period certainly had its fair share of crime,[7] and it is of course during the medieval period that tales of Robin Hood and Adam Bell first emerge. The sentence of outlawry literally placed an offender beyond the protection of the law. But the sentence itself began to lose much of its potency by the late fourteenth and fifteenth centuries.[8] It was a sentence that existed prior to the establishment of the legal precepts of habeus corpus. It fell into disuse by the late medieval period because the social and legal system of England was changing from one based upon the exclusion of felons, to one based upon the confinement of offenders.[9] Thus by the time that the Gest was printed, it would have been rare to find somebody who had been placed beyond the law: in the early modern period all people were subject to the law.

Gest illustration
Illustration from A Gest of Robyn Hode (c.1500)

Additionally, when the time the Gest was being printed, the breakdown of medieval economic and social structures was occurring and society was on its way to becoming capitalist. As a consequence, the perceived increasing numbers of supposedly ‘masterless men’ were becoming a problem for the Tudor state, and were legislated against in the Vagabonds and Beggar’s Act (1495):

Vagabonds, idle and suspected persons shall be set in the stocks for three days and three nights and have none other sustenance but bread and water and then shall be put out of Town. Every beggar suitable to work shall resort to the Hundred where he last dwelled, is best known, or was born and there remain upon the pain aforesaid.[10]

The problem remained a source of irritation to the authorities throughout the century. While the ‘rogue’ had appeared as a named literary type in Awdley’s Fraternity of Vagabonds in 1561, by the next decade the Vagabonds Act (1572) was also legislating against this new type of criminal:

All the partes of this Realme of England and Wales be p[rese]ntlie with Roges, vacabonds and sturdie beggers excedinglie pestred, by meanes wherof dailye happenethe in the same Realme horrible murders, thefts and other greate owtr[ages], To the highe displeasure of allmightie god, and to the greate anoye of the common weale.[11]

J. Thomas Kelly writes that ‘poverty existed as a widespread and dangerous phenomenon of sixteenth- and seventeenth-century England’.[12] But at the same time as the poor were getting poorer, the rich were gaining more wealth,[13] and a new type of ideology was emerging: individualism. Rogues and vagabonds, due to the breakdown of medieval social and economic structures owed loyalty to nobody. It is for this reason that Hal Gladfelder, writing about rogue literature, says that the genre’s emergence, and its portrayal of socially marginal people struggling to survive within a new economic system, was a response to the breakdown of feudalism.[14] The rogues, vagabonds, and cony-catchers present in Tudor rogue literature were essentially deviant proto-capitalist entrepreneurs.[15]

Outlaws and Rogues – Modus Operandi

There are some similarities between the ways in which greenwood outlaws such as Robin Hood and the rogues and vagabonds in Tudor rogue literature operated, As illustrated in the Gest, when Robin wishes to steal from somebody, he first invites them to dine with him in the forest. The traveller is treated to a sumptuous feast, and at the end of it Robin asks him to pay for the meal.[16] If the traveller pleads poverty and is found to be lying to Robin, when the traveller’s effects are searched he is robbed of all the money about his person.[17] Similarly, trickery is employed by many of the various types of rogues in the works of Walker, Awdley, and Harman. Often this was done, as illustrated in cases of Cheaters and Fingerers, described by Awdley, through conning unsuspecting victims out of their money while gambling.[18]

index
Thomas Harman’s The Unfortunate Traveller (1594)

But there were differences between outlaws such as Robin Hood and Tudor rogues. Firstly, outlaws lived in the forest. There is a sense of unity between the outlaws and the natural world: [19] the first glimpse of Robin Hood and Little John in the Gest sees him leaning against a tree.[20] In another outlaw ballad that is of medieval origin, although not printed until c.1557-58, Adam Bell, Clim of the Clough, and William of Cloudeslie, [21] the poem similarly opens with a celebration of the natural world: ‘Mery it was in grene forest / Among the leves grene’.[22] At no point is it ever implied in the Gest that the outlaws wish to live in the urban environment. The outlaws encounter trouble, for example, whenever they leave the forest and venture into the town:.[23] For example, the outlaws have to make a swift getaway after Robin competes in the archery contest;[24] and after being pardoned by the King and entering his service, Robin finds the world of the Royal court unpalatable, returning to the greenwood after an absence of only ‘twelve moneths and thre’.[25] Outlaws who value freedom see themselves as having no place in urban environments.

In contrast, rogues do not operate within a separate physical space such as the greenwood. At this point it should be noted that rogues were not a homogenous criminal group: Awdley’s Fraternity or Vagabonds and Harman’s Caveat for Common Cursitors, for example, give different names to a number of various types of criminals. They could masquerade as common beggars, as Copland remarked in The Highway to the Spitalhouse.[26] Or as in Walker’s A Manifest Detection of the Most Vile and Detestable Use of Diceplay, when his gentleman ‘haply […] roamed me in the Church of Paul’s’, the rogues that he is introduced to are seemingly gentlemanly tricksters from the shady world of dice play.[27] Awdley in the Fraternity of Vagabonds makes reference to another different type of rogue: the Courtesy Man. This type of rogue, says Awdley:

Is one that walketh about the back lanes in London in the daytime, and sometimes in broad streets in the night season, and when he meeteth some handsome young man cleanly apparelled, or some other honest citizen, he maketh humble salutations and low curtsy.[28]

The Courtesy Man will ingratiate himself into the honest gentleman’s service, but he will then repay their generosity by ‘stealing a pair of sheets or coverlet, and so take their farewell in the morning, before the master or dame be stirring’.[29] Evidently, rogues are a product of the urban environment, and instead of wearing suits of Lincoln Green as Robin Hood is portrayed as doing in the Gest,[30] Tudor rogues and vagabonds go abroad ‘commonly well-apparelled’,[31] spending their days, according to their representations in rogue literature, in the back alleys and courts of the town.[32]

Robin and the outlaws in the Gest do not steal from people indiscriminately, and instead they adhere to a strict moral code. In the first fytte of the Gest, Little John asks Robin:

“Where we shall take, where we shall leve,
Where we shall abide behynde;
Where we shall robbe, where we shal reve,
Where we shall bete and bynde.”[33]

Robin’s reply as to whom the outlaws are permitted to steal from is clear and concise: they are not permitted to steal from any husbandman, nor any good yeoman, nor from any knight or squire. The only people that the outlaws are permitted to rob are corrupt clerics and the Sheriff of Nottingham:

“These bisshoppes and these archebishoppes,
Ye shall them bete and bynde;
The hye sherif of Notyingham,
Hym holde ye in your mynde.”[34]

As Maurice Keen stated in the 1960s, ‘to the poor they [the outlaws] shall be all courtesy […] but to the rich and unjust no mercy is shown’.[35] Although the idea that Robin steals from the rich and gives to the poor is not fully articulated in Gest, it is clear that he and his outlaws do not rob people indiscriminately.

Rogues, on the other hand, would steal from people of all social classes, and their victims could hail from both the poorer and wealthier classes. A ‘ruffler’ in Awdley’s work would, for instance, ‘goeth with a weapon to seek service, saying he hath been a servitor in the wars, and beggeth for his relief. But his chiefest trade is to rob poor wayfaring men and market women.’[36] The ‘frater’ would similarly ‘prey […] commonly upon poor women as they go to the markets’.[37] Robert Greene would say of ‘devilish cony-Catchers’ in 1591 that:

The poor man that cometh to the Term to try his right, and layeth his land to mortgage to get some crowns in his purse to see his lawyer, is drawn in by these devilish cony-catchers that at one cut at cards looseth all his money, by which means he, his wife, and children [are] brought to utter ruin and misery.[38]

Tradesmen could also be targets of these thieves, as Awdley says of the ‘whipjack’ that ‘his chiefest trade is to rob booths in a fair, or to pilfer ware from stalls, which they call “heaving off the booth”’.[39] Alternatively, their victims could be of higher social status, just as the cheats in Walker’s Manifest Detection of Diceplay who spent their nights ‘taverning with trumpets, by day spoiling gentlemen of their inheritance’ (emphasis added).[40] The rogues and vagabonds presented in Tudor rogue literature were people who were willing to make money by cheating and stealing. As the Gest makes clear, these are things that outlaws of Robin Hood’s type also aspired to, admittedly, but the difference was that people knew who outlaws were, and if they were truthful with them, and were not a member of the corrupt classes of society such as the clergy, they might have passed them unmolested.

Conclusion

It is clear that there was an emerging dichotomy between rogues, vagabonds, and greenwood outlaws during the sixteenth century. The changing reputation of Robin Hood between the late medieval period and the sixteenth century illustrates this: in Walter Bower’s Continuation of John of Fordun’s Scotichronicon (c.1440), Bower says that:

Then arose the famous murderer, Robert Hood, as well as Little John, together with their accomplices from among the disinherited, whom the foolish populace are so inordinately fond of celebrating both in tragedies and comedies, and about whom they are delighted to hear the jesters and minstrels sing above all other ballads.[41]

Bower was a member of the Clergy and, judging by the treatment that clerics receive at the hands of Robin Hood in the Gest, it is perhaps no surprise that he treats of Robin negatively. But when chronicles from the sixteenth century are studied, however, the depiction of Robin Hood becomes less ambiguous. In John Major’s Historia Majoris Britanniae (1521), it is said that:

About this time it was, as I conceive, that there flourished those most famous robbers Robert Hood, and Englishman, and Little John, who lay in wait in the woods, but spoiled of their goods only those that were wealthy […] He would allow no woman to suffer injustice, nor would he spoil the poor, but rather enriched them from the plunder taken from the abbots. The robberies of the man I condemn, but of all robbers he was the most humanest and the chief.[42]

Richard Grafton in his Chronicle at Large (1569) incorporated material from Major’s work, and expanded it, and Robin Hood emerges as thoroughly gentrified.[43] Similarly, in John Stow’s Annales of England (1592) he says that Robin Hood and Little John ‘renowned theeves’ known for ‘dispoyling and robbing the rich’, and concluding with Major’s statement that he was the most humane and Prince of all Robbers.[44] Any threatening aspects of Robin’s character would finally be neutered by Anthony Munday in his two plays The Downfall of Robert, Earle of Huntington and The Death of Robert, Earle of Huntingdon (1597-98).

In contrast, the inhabitants of the Elizabethan ‘underworld’ were still being portrayed as foreboding characters at the end of the century. Greene’s The Black Book’s Messenger (1592) almost anticipates the criminal biographies of the eighteenth century by telling, in a moralistic fashion, the story of

Ned Browne […] a man infamous for his bad course of life and well known about London […] in outward shew a Gentlemanlike companion.[45]

Despite his genteel outward appearances, however, he is a threatening figure, and would ‘bung or cut a good purse’ from either a man or woman if he could.[46] Early during the next century, Thomas Dekker’s Lanthorne and Candle-light (1608) represented ‘the laws, manners, and habits of these wild men’ of London.[47] Dekker showed how this supposed underworld, which appeared to mirror legitimate economic and social structures,[48] was divided and subdivided in to ‘ranks’, and had their own ‘canting’ language.[49]

525px-Richard_Head_1666
William Head’s The English Rogue (1665)

Some efforts were made to gentrify the rogue, notably by William Shakespeare with his character, Sir John Falstaff.[50] The rogue continued as a literary type in Richard Head’s The English Rogue (1665) which is essentially a ‘fond’ examination of excess and deception in the life of the protagonist, Meriton Latroon, linking the low-born rogue to his aristocratic counterpart, the rake.[51] It would be rare for Robin Hood to receive negative treatment after the sixteenth century. An attempt would be made during the eighteenth century, when criminal biographies such as Alexander Smith’s A History of the Lives and Robberies of the Most Noted Highwaymen (1714) described him as a man of a ‘wicked, licentious inclination’ who ‘followed not his trade’.[52] It was perhaps easier to gentrify the outlaw and make him appear semi-respectable: he robbed according to a clear moral code, and he was easily identifiable. This way of operating set him in contrast to his more menacing, sinister underworld counterparts: the rogues, vagabonds, fraters, cony-catchers, and prigs who existed in urban settings in early modern England.


References

[1] See the following works by Stephen Knight: Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015); Robin Hood: A Mythic Biography (Ithaca: Cornell University Press, 2003); Robin Hood: A Complete Study of the English Outlaw (Cambridge: Brewer, 1994). Works by Thomas Ohlgren include: Robin Hood: The Early Poems, 1465-1560 Texts, Contexts, and Ideology (Newark, Del.: University of Delaware Press, 2007); ‘The “Marchaunt” of Sherwood: Mercantile Ideology in A Gest of Robyn Hode’ in Robin Hood in Popular Culture: Violence, Transgression, and Justice Ed. Thomas Hahn (Cambridge: Brewer, 2000), 175-190. There is also John Marshall’s research: ‘Picturing Robin Hood in Early Print and Performance: 1500-1590’ in Images of Robin Hood: Medieval to Modern Eds. Lois Potter & Joshua Calhoun Newark, Del.: University of Delaware Press, 2010), 60-82, as well as Alexander Kaufman, ‘Histories of Context: Form, Argument, and Ideology in A Gest of Robyn Hode’ in British Outlaws of Literature and History: Essays on Medieval and Early Modern Figures from Robin Hood to Twm Shon Catty Ed. Alexander Kaufman (Jefferson, NC: MacFarland, 2011), 146-164. Older works include James C. Holt, Robin Hood 2nd Edn. (London: Thames and Hudson, 1989) and R. B. Dobson & J. Taylor, Rymes of Robyn Hode: An Introduction to the English Outlaw 3rd Edn. (Stroud: Sutton, 1997).
[2] Dobson & Taylor, Rymes of Robyn Hode, 74.
[3] Anon. ‘A Gest of Robyn Hode’ in Robin Hood and Other Outlaw Tales Eds. Thomas Ohlgren & Stephen Knight (Kalamazoo, MI: Medieval Institute Publications, 2000), 80-168 (148).
[4] There is debate about the dating of A Gest of Robyn Hode: James C. Holt originally argued that ‘the Gest was first composed, in something close to its present form, in the fifteenth century, perhaps even as early as 1400’ – Robin Hood, 11. He subsequently revised this estimate, saying that c.1450 was a ‘safer date’ than c.1400 – James C. Holt, ‘Robin Hood: The Origins of the Legend’ in Robin Hood: The Many Faces of that Celebrated English Outlaw Ed. Kevin Carpenter (Oldenburg: Bibliotteks- und Enformationssystem der Universität Oldenburg, 1995), 27-34.
[5] Dobson & Taylor, Rymes of Robyn Hode, 71-72.
[6] Craig Dionne, ‘Fashioning Outlaws: The Early Modern Rogue and Urban Culture’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 33-61 (38).
[7] Andrew McCall, The Medieval Underworld (London: Hamish Hamilton, 1979).
[8] McCall, The Medieval Underworld, 109.
[9] Melissa Sartore, Outlawry, Governance, and Law in Medieval England (New York: Peter Lang, 2013), 14.
[10] Vagabonds and Beggars Act 11 Henry 7 c.2 1494 cited in J. R. Tanner (ed.), Tudor Constitutional Documents, AD 1485-1603 with an Historical Commentary (Cambridge: Cambridge University Press, 1930), 469-470. Admittedly this was not the first piece of legislation passed against vagabonds and beggars. Two statutes of Edward III punished ‘who wandered at night or otherwise acted suspiciously’, while another statute of Richard II similarly brought punitive measures against vagrants. But the Tudor legislation against vagabonds and suspected persons was different in several respects: the Reformation had eroded the Church’s welfare provisions for the poor, with the State forced to intervene (often in a haphazard and inefficient manner) in the granting of poor relief to those in need; Tudor legislation was more repressive than earlier laws, given the fact that the Tudor monarchs viewed the poor with suspicion, conscious of the lack of legitimacy for their rule – See J. Thomas Kelly, Thorns on the Tudor Rose: Monks, Rogues, Vagabonds, and Sturdy Beggars (Jackson, MS: University Press of Mississippi, 1977).
[11] An Act for the Punishment of Vagabonds 14 Eliz. 1 c. 5 Parliamentary Archives HLRO HL/PO/PU/1/1572/14Eliz1n5 (1572).
[12] Kelly, Thorns on the Tudor Rose, 111.
[13] Ibid.
[14] Hal Gladfelder, Criminality and Narrative in Eighteenth-Century England: Beyond the Law (Baltimore: John Hopkins University Press, 2001), 34.
[15] Brooke A. Stafford, ‘Englishing the Rogue, “Translating” the Irish: Fantasies of Incorporation and Early Modern English National Identity’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 312-336 (323)
[16] Anon. ‘A Gest of Robyn Hode’, 92-101.
[17] Anon. ‘A Gest of Robyn Hode’, 117-123.
[18] John Awdley, ‘The Fraternity of Vagabonds [1561]’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 85-102 (95-97).
[19] Knight, Robin Hood: A Mythic Biography, 17.
[20] Anon. ‘A Gest of Robyn Hode’, 90.
[21] For a critical discussion of Adam Bell, see Thomas Hahn, ‘Adam Bell, Clim of the Clough, and William of Cloudesley’ in Medieval Outlaws: Ten Tales in Modern English Ed. Thomas Ohlgren (Stroud: Sutton, 1998), 239-252.
[22] Anon. ‘Adam Bell, Clim of the Clough, and William of Cloudeslie’ in Rymes of Robyn Hood: An Introduction to the English Outlaw 3rd Edn. Eds. R. B. Dobson & J. Taylor (Stroud: Sutton, 1997), 258-273 (260).
[23] Knight, Robin Hood: A Mythic Biography, 17.
[24] Anon. ‘A Gest of Robyn Hode’, 125-130.
[25] Anon. ‘A Gest of Robyn Hode’, 145.
[26] Robert Copland ‘The Highway to the Spitalhouse [1535-36]’ in Key Writings on Subcultures, 1535-1727: Classics from the Underworld, Volume One 3rd Edn. Ed. A. V. Judges (London: Routledge, 2002), 1-25 (5).
[27] Gilbert Walker, ‘A Manifest Detection of the Most Vile and Detestable Use of Diceplay, and other Practices Like the Same [1552]’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 59-84 (66).
[28] John Awdley, ‘The Fraternity of Vagabonds, 94.
[29] Awdley, ‘The Fraternity of Vagabonds’, 95.
[30] Anon. ‘A Gest of Robyn Hode’, 143.
[31] Awdley, ‘The Fraternity of Vagabonds’, 95.
[32] Steve Mentz, ‘Magic Books: Cony-Catching and the Romance of Early Modern London’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 240-260 (240).
[33] Anon. ‘A Gest of Robyn Hode’, 91.
[34] Anon. ‘A Gest of Robyn Hode’, 92.
[35] Maurice Keen, The Outlaws of Medieval Legend 4th Edn. (Dorset: Marboro, 1989), 100.
[36] Awdley, ‘The Fraternity of Vagabonds’, 92.
[37] Ibid.
[38] Robert Greene, ‘A Notable Discovery of Cozenage [1591]’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 155-186 (164).
[39] Awdely, ‘The Fraternity of Vagabonds’, 92.
[40] Walker, ‘A Manifest Detection of the Most Vile and Detestable Use of Diceplay’, 71.
[41] Walter Bower, ‘Scotichronicon [c.1440]’ in Robin Hood and Other Outlaw Tales Eds. Thomas Ohlgren & Stephen Knight (Kalamazoo, MI: Medieval Institute Publications, 2000), 25-26 (26).
[42] John Major, ‘Historia Majoris Britanniae [1521]’ in Robin Hood and Other Outlaw Tales Eds. Thomas Ohlgren & Stephen Knight (Kalamazoo, MI: Medieval Institute Publications, 2000), 26-27 (27).
[43] Stephen Knight & Thomas Ohlgren (eds.) Robin Hood and Other Outlaw Tales (Kalamazoo, MI: Medieval Institute Publications, 2000), 28.
[44] Knight, Robin Hood: A Mythic Biography, 48.
[45] Robert Greene, ‘The Black Book’s Messenger [1592]’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 193-205 (193).
[46] Ibid.
[47] Thomas Dekker, ‘Lanthorne and Candle-light [1608]’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 213-260 (214).
[48] Craig Dionne & Steve Mentz, ‘Introduction’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 1-29 (2).
[49] Ibid.
[50] Dionne & Mentz, ‘Introduction’, 2.
[51] Ken Gelder, Subcultures: Cultural Histories and Social Practice (London: Routledge, 2007), 8.
[52] Alexander Smith, A History of the Lives and Robberies of the Most Notorious Highwaymen Ed. Arthur Heyward (London: Routledge, 1933), 408.