Being A General and True History of the Lives and Robberies of the Most Notorious Highwaymen, Rogues, Cheats, Murderers and Rebels of Every Description; Together with Examinations of Historical True Crime Literature, Penny Dreadfuls, and other Sorts of Pernicious Trash; Set Forth to Public View for the Common Benefit of Mankind
Scholars generally point to 1819 as the year that the first Robin Hood novels appeared, these being the anonymous Robin Hood: A Tale of the Olden Time and Walter Scott’s Ivanhoe.[i] However, an attempt was made during the late eighteenth century, well before the aforementioned works, by Robert Southey, to give Robin Hood his ‘big break’ in that most famous of literary genres. Held in the archives of the Weston Library, Oxford is an unpublished manuscript by Robert Southey for a Robin Hood novel entitled ‘Harold; or, the Castle of Morford’ (1791).[ii]
Southey (1774-1843) was born in Bristol to a middle-class family of linen drapers. At an early age his mother sent him to live with his aunt, and it is under the guidance of his aunt that his love of literature was encouraged. He was a pioneering medievalist, for in addition to ‘Harold’ he authored Wat Tyler (1794), Joan of Arc (1796), and also edited a version of the Icelandic Edda in 1797 and a version of Malory’s Le Morte D’Arthur in 1817 (to Southey is credited the first English prose account of Goldilocks and the Three Bears, as well as the first use in English of the word ‘zombie’, although the word was used in a different context than it is understood today).[iii]
There is one main issue with the manuscript: it was bound in a codex at some point during the nineteenth century; while such a practice has the obvious advantages of keeping all of the pages together, it has also meant that many of the words on the margins of the leaves have been obscured. While close attention to the context can offer clues as to the meaning, ultimately it means that oftentimes, when these words are not clear, you are guessing what Southey originally wrote. Furthermore, binding all of the leaves so tightly together has meant that, in some cases, the ink from one page has rubbed off on to the opposite page, which can in some cases render the job of transcription even more difficult. The saving grace, as far as practical issues are concerned, is that the young Southey’s handwriting is neat and legible.
The novel was clearly envisaged as a gothic tale. It opens with the short and perhaps rather dramatic sentence: ‘it was night’, which anticipates Edward Bulwer Lytton’s ‘it was a dark and stormy night’ fromPaul Clifford (1830).[iv] Further gothic motifs include aristocratic villains, family secrets, betrayals, murder, as well as ghostly visions in ruined castles, as related in the following scene:
Harold […] arrived at the borders of the forest about midnight. By the pale light he discovered a castle which at first struck him as his paternal seat he advanced towards it with a hasty step. It was [illegible] and he concluded that it was not the Castle of Alnwick. He roam’d for some time amongst the ruined courts in an agony of grief the stair case was entire he determined to explore the building and if possible acquire some spot where he might rest in safety. He ascended and passed along an extensive gallery with several apartments on either side. He entered one of the smaller ones and threw himself upon the ground determined there to pass the night. He had not remained long in this situation the dismal toll of a bell from the turret roused him […] The firm footsteps of a person in the gallery struck his ear he rush’d into it and beheld at the northern end a figure in armour stalking along it turned and look’d at him by the moon beams which shone thro the broken pane he perceived the armour was bloody. He exclaimed My Father! The spectre turned into a room at the farther end of the gallery. Harold followed him but he saw no more. The appearance overcame him entirely.[v]
As with most nineteenth-century Robin Hood novels, Robin Hood is not the main protagonist but is a man who comes to the aid of Harold and King Richard I, the latter who is in disguise as a knight-errant, in a similar manner to his role in Scott’s Ivanhoe. In fact, there are some passing resemblances to Ivanhoe which definitely are deserving of further consideration: Harold is a returning crusader, just like Scott’s eponymous title character; some of the characters also bear some curiously Saxon names which are comparable to those found in Ivanhoe: there is one character named Athelwold, similar to Athelstane in Ivanhoe (Southey actually misspells Athelwold as Athelstane on one occasion).[vi] A character named Ulfrida also appears in Southey’s novel, a name similar to the crazed Ulrica in Scott’s tale. The fact that Southey and Scott were friends may suggest that Scott knew about this MS. and borrowed ideas from his unpublished novel.
There is also a clear attempt by Southey to draw upon the early modern Robin Hood tradition. A character named Aeglamour is a member of Robin Hood’s band, which suggests that Southey was aware of Ben Jonson’s The Sad Shepherd (1641), in which Aeglamour is the eponymous sad shepherd who Robin assists with his troubles (Jonson’s work had been edited for a scholarly audience a few years prior to Southey’s authoring of Harold).[vii] The Bishop of Hereford makes an appearance as one of the villains who has deprived Harold’s brother, Tancred, of his estate.
The character of Robin Hood has all the usual traits, being described as,
the famous outlaw Robin Hood, a man worthy of a better fate; the spoils which he takes from the wealthy he distributes among the poor; his birth is unknown, and it is but a very few years since he chose this barbarous way of life.[viii]
Refreshingly, there is not attempt to ‘gentrify’ Robin Hood by making him a member of the upper classes. Instead, in keeping with earlier traditions, he is depicted as a yeoman forester. We first meet him when Richard and Tancred wander into the forest, and they find that Robin Hood has kidnapped Marian, the daughter of the villainous Baron of Morcar, to marry her:
Welcome my good friends exclaimed the outlaw and you too strangers my assistants in this happy enterprise welcome. Let all be happy. Mirth and pleasure reign. My trusty friends pay homage to the queen of the forest the wife of Robin Hood. For as such I may now present her to you. What monarch can be more blest than me?[ix]
Southey’s Robin Hood is also something of a political reformer, and resolves to help Richard to rid his land of corrupt politicians. The young Southey was a firm believer in the ideals of the French Revolution, and no doubt his portrayal of Robin Hood and Richard as a reformist king stems from his enthusiasm for the rights of man.
Southey also inserts several poems into his narrative which are written in the style of ballads. This is the song celebrating the outlaws’ life:
Rises now with orient ray
Bright the gold on the orb of day
Aw’d by his effulgent light
Swiftly they the shades of night
On the leaves with silver hue
Glittering shines the pearly dew.
Scar’d by the hunters now the deer awakes
And swiftly scuds along through o’er bushes and o’er brakes.
What pleasures can the palace yield
Equal to these woodlands give
How blissfully the outlaws live.
Who roams at will [illegible…illegible…] and field hill
How happily dwell we in the wood
And o’er the flowery field
How happy live we in the wood.
Beneath the sway of Robin Hood.
The deer with spreading antlers crowned
Stalks stately o’er the [illegible]
The bowman fits his dart
And fixes the sharp point within the victim’s heart
All of Southey’s unpublished works remain in copyright until 2039, so there will be no edited version of the text before then. It is part of his juvenilia, and it is not his best work, therefore I doubt Robin Hood studies will suffer too much from its absence. Copyright issues prevent me from making my transcriptions of the manuscript publicly available, however I will be happy to answer any queries about it.
[i] See Stephen Knight, Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015); Stephen Knight, Robin Hood: A Mythic Biography (Ithaca: Cornell University Press, 2003); Stephen Knight, Robin Hood: A Complete Study of the English Outlaw (Oxford: Blackwell, 1994).
[ii] Bodleian MS. Eng. Misc. e. 121 is the original manuscript. There is also a duplicate of the novel, copied out, apparently, at some point during the nineteenth century: Bodleian MS. Eng. Misc. e. 114.
[iii] “Zombie”, in The Oxford English Dictionary Online
During the eighteenth and early nineteenth centuries, many criminals recorded in works such as Alexander Smith’s History of the Highwaymen (1714), and Charles Johnson’s History of the Highwaymen (1734), as well as his Lives of the Most Remarkable Criminals (1735) were said to have begun their criminal careers as unruly, or idle apprentices. The notorious Jack Sheppard (1702-1724) is said to have been apprenticed to a carpenter, but being of a wicked disposition fell out with his master, and began cohabiting with a prostitute, Edgeworth Bess, and thereafter commencing a criminal career.[i] Even when discussing Robin Hood, the authors cited above, in a complete break with the existing historical tradition, state that he was originally apprenticed to a butcher, but ‘being of a wicked, licentious inclination, he followed not his trade’.[ii] (Not a single Robin Hood text, from the medieval period to the eighteenth century, records the famous outlaw as having been a butcher, and eighteenth-century accounts are unusual in this respect).[iii] The figure of the idle apprentice received its most famous artistic representation in William Hogarth’s series of paintings entitled Industry and Idleness (1747).
One of the reasons why the idea of the unruly apprentice became a worrying figure was because, by going against his master, the delinquent youth was effectively signalling his intention to revolt against, not only his employer, but also the state and divine providence, ‘the concept that invokes hierarchical orders which support eighteenth-century life from the arrangement of the Cosmos to the distribution of wealth among the social classes’.[iv] The noted critic, John Richetti, for example, argues that the idle, or the “revolted apprentice”, ‘embodied furtive and unnatural longings for disruptive revolt […striking out] against social and moral restraints, against any sort of control from an external source’.[v] Moreover, when a certain criminal is represented in literature as having shunned hard work in his youth and preferring to follow a life of crime, this trope allowed the reader to view the felon’s criminality as part of an enduring strain of wickedness in the boy’s moral character, which early signs were present when he was young.
There were several factors which could induce initially virtuous young apprentices to fall into a life of criminality. First among these was the apprentice masters who, it was reasoned by some writers at the time, often failed to act as a moral guide for the youngsters. Often it is the dissolute habits of masters themselves which were assumed to have an adverse effect upon the minds of impressionable youths. For example, The Criminal Recorder; or, Biographical Sketches of Notorious Public Characters (1804-10), says that,
The evil habits of masters are in a great degree the means of corrupting apprentices. No sooner does an apprentice advance towards the last year of his time, than he thinks it incumbent on him to follow the example of his master by learning to smoke. This accomplishment acquired (according to his conception), he is a fit associate for those who frequent public houses.[vi]
Visiting public houses in the eighteenth and nineteenth centuries was not, and still is not, a marker of potential criminality of course, but the same writer goes on to argue that, although the master may visit respectable public houses, the apprentice, in order to avoid meeting with the master on a night out, must necessarily visit those places to which he knows that his master will not venture, namely, places of ill-repute where the apprentice ‘meets with depraved company’.[vii]
It is through frequenting such places of ill-repute that the youth first becomes ‘ensnared’.[viii] A major factor in apprentices’ fall from grace is when they first become acquainted with prostitutes in these low public houses, as The Criminal Recorder writes:
Having arrived at the age of puberty, and meeting with profligate females in those haunts of idleness, his passions become inflamed. The force of evil example overpowers him. He too becomes depraved – Money must be procured to supply his wants which are generated by depravity. Aided by the facilities held out by old iron shops, he pilfers from his master to supply those wants, or associates himself with thieves, whose acquaintance he made in the progress of his seduction.[ix]
It will be recalled that this is how the criminal career of Jack Sheppard began, through meeting a prostitute, at which point in his biography Daniel Defoe exclaims:
Sometimes thieves and prostitutes could collaborate together in robbing people to supply their wants, through a system known as the ‘buttock and file’. The woman would entice a respectable passer-by into a dark alley with the prospect of sex. Then her male partner would emerge out of the shadows, usually deal a blow to the gentleman, and rob him.
Yet the idea of the unruly apprentice who shunned hard work and became a criminal was very much a metropolitan idea. Fewer accounts of criminals from outside London record their having been apprentices initially. Much of this was down to the nightlife temptations that were on offer in the capital, which, combined with apprentices’ youth, could be a recipe for moral disaster. As the fictional Memoirs of George Barnwell (1817), based upon an earlier play entitled The London Merchant (1731), records:
The juvenile mind is constitutionally sanguine; and the imagination wanders into wild and fanciful expectations, before its exuberances have been repressed by reason, and its dangerous heat tempered by experience. In the critical season of youth, before prudence and judgement have assumed the sceptre in the bosom, fancy is too apt to “riot in pleasure,” and to revel in visionary delights, the offspring of its own ardour, and which, unless seasonable correctives are applied to keep them in check, may ultimately lead to practical excesses of the most unprincipled nature and dangerous tendency.[xi]
If not constantly on his guard, the unsuspecting apprentice could find himself drawn into the criminal underworld. The account of Robert Crouch, a footpad, in Johnson’s Lives of the Most Remarkable Criminals, tells the story of how he was initially apprenticed to a butcher in Newgate Market,
But as soon as he was out of it he addicted himself to gaming, drinking, and whoring, and all the other vices which are so natural to abandoned young fellows in low life.[xii]
And it was women, gaming, drinking, and crime that would, it was supposed, eventually lead the apprentice to the gallows, just as happens to Hogarth’s Idle Prentice at the end of his story. John Gay’s The Beggar’s Opera (1728), references, references ‘Marybone and the Chocolate Houses’ as being the ‘undoing’ of the highwayman, Captain Macheath.[xiii]
Of course, this was the eighteenth and early nineteenth centuries, and when it came to discussions of the luxuries and vices of the town in the public sphere, there was inevitably some class-based hypocrisy at play. The poorer classes might become criminal through indulging their passions at womanising, drinking, and gaming, but the sons of rich aristocrats, or rakes, which did the same, were rarely condemned as criminal. There are further comparisons to be made between the rake and the idle apprentice, one of them being the fact that neither could hold down a job, although of course the sons of the aristocracy had inherited wealth to fall back on. The image of the aristocratic rake is a recurring one throughout the eighteenth century. For example, in issue two of Joseph Addison’s Spectator magazine, one of the members of the fictional coffeehouse club is Will honeycomb, a man who is
Very ready at that sort of Discourse with which Men usually entertain Women. He has all his Life dressed very well, and remembers Habits as others do Men. He can smile when one speaks to him, and laughs easily. He knows the History of every Mode, and can inform you from which of the French King’s Wenches our Wives and Daughters had this Manner of curling their Hair, that Way of placing their Hoods; whose Frailty was covered by such a Sort of Petticoat, and whose Vanity to show her Foot made that Part of the Dress so short in such a Year. In a Word, all his Conversation and Knowledge has been in the female World.[xiv]
In his memoirs, William Hickey (1749-1830) records how he partook of the entertainment of the town, debauching one or two young maidens in the process.[xv] Generally seen as a bit of a cad, this type of man pursued the same pleasures of the town as the idle apprentice, but of course he was not condemned for it.
So what could be done to turn the unsuspecting eighteenth-century apprentice away from a life of crime, and inculcate respect for virtue, religion, and authority? One of the reasons that so many criminal accounts appeared in the eighteenth century is because, at a time of great public concern about the apparently ever-rising crime wave, they were intended as moralist texts. A person was supposed to read the account of the criminal and take lessons from his life. As Johnson in the preface to Lives of the Most Remarkable Criminals states,
My intention in communicating to the public the lives of those who, for about a dozen years past have been victims to their own crimes, is to continue to posterity the good effects of such examples, and by a recital of their vices to warn those who become my readers from ever engaging in those paths which necessarily have so fatal an end.[xvi]
Other solutions proposed by the author of The Criminal Recorder include stopping all apprentices’ wages, and making the apprentices entirely dependent upon their masters for food, drink, and lodging. To do otherwise is to ensure that the apprentice falls into a life of crime.[xvii]
Around the beginning of the nineteenth century, as the industrial revolution continued, the number of apprenticeships drastically declined. But instead of the unruly apprentice, public fears towards the emerging idea of the juvenile criminal. From the 1830s onwards, it would be figures such as the Artful Dodger and the Wild Boys of London, homeless pickpockets with no master, and eventually the hooligan from the late nineteenth century, that would be society’s cause for concern.
Header Image: Illustration of Jack Sheppard from The Criminal Recorder 4 Vols. (London: Cundee, 1804-10). Author’s Collection.
[i] Daniel Defoe, ‘The History of the Remarkable Life of John Sheppard’ in Defoe on Sheppard and Wild, edited by Richard Holmes (London: Harper, 2004), p. 4.
[ii] Alexander Smith, A History of the Lives and Robberies of the Most Notorious Highwaymen, edited by Arthur Heyward (London: Routledge, 1927), p. 408.
[iii] Stephen Basdeo, ‘Robin Hood the Brute: Representations of the Outlaw in Eighteenth-Century Criminal Biography’ Law, Crime and History 6: 2 (2016), pp. 54-70.
[iv] John Richetti, cited in Lincoln B. Faller, Turned to Account: The Forms and Functions of Late-Seventeenth- and Early Eighteenth-Century Criminal Biography (Cambridge: Cambridge University Press, 1987), p. 45.
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]
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]
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.
[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.
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.
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.
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.
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:
I have had many a twenty pound note of my own property.
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).
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.
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].
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.
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).
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 HarrisonAinsworth (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.
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.
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 authorThe 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.
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.
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.
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…
Unsurprisingly, it was not unusual for criminal biography and trial reports in the eighteenth century to serve a dual purpose: news and erotica.
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.
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.
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.
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.
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.
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 . 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.
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’.
 P. N. Furbank & W. R. Owens, Defoe De-Attributions: A Critique of J. R. Moore’s Checklist (London: Hambledon, 1994).
 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.
 Johnson, Pyrates, p.vii.
 Johnson, Pyrates, p.vii.
 Johnson, Pyrates, p.134.
 Peter Wagner, ‘Trial Reports as a Genre of Eighteenth-Century Erotica’ Journal for Eighteenth-Century Studies 5: 1 (1982), pp.117-121.
 Johnson, Pyrates, p.55.
 Johnson, Pyrates, p.131.
 Johnson, Pyrates, p.131.
 Johnon, Pyrates, p.334.
 Johnson, Pyrates, p.37.
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 Hoodand 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’.
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. 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. 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.
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’. The most significant ballad which was transcribed from Mrs. Brown of Falkland was the aforementioned The Birth of Robin Hood. 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:
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.’ 
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.
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, 1823, 1832, and then revised and expanded in 1865. 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”.
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.
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. 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.
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.
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.
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.
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. 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.
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.
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). 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.
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. Stephen Knight, who has studied this novel in depth, agrees that Goody is modelled upon Mrs. Brown.
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.
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.
 Stephen Knight, Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015), pp.36-54.
 See Monica Santini, The Impetus of Amateur Scholarship: Discussing and Editing. Medieval Romances in Late-Eighteenth and Nineteenth-Century Britain (Bern: Peter Lang, 2010).
 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> Accessed 27 July 2016].
 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.
 Brown, ‘The Birth of Robin Hood’, p.197.
 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.
 Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (London: T. Egerton, 1795; repr. London: Longman, 1820).
 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).
 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).
 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).
 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’.
 A Lytell Geste of Robin Hode, ed. by J. M. Gutch, 2: 377.
 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.]).
 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.
 Child, 2: 417.
 Child, 2: 412.
 Child, 3: 130.
 Child, 3: 227-233.
 Dobson Taylor, p.195.
 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).
 Robin Hood and Other Outlaw Tales, ed. by Stephen Knight & Thomas Ohlgren (Kalamazoo, MI: Medieval Institute Publications, 2000).
 Anon. Robin Hood: A Tale of the Olden Time 2 Vols. (Edinburgh: Oliver & Boyd, 1819), 1: 54-78.
 Knight, Reading Robin Hood, p.146-147.
 Robert Southey, Robin Hood: A Fragment (London: William Blackwood, 1847), pp.1-2.
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!”
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’. The association of crime broadsides with the poor persisted into twentieth-century historical criticism, even though they addressed readers of all classes. 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.
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. 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; 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.
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’. 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. 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’. 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’. 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.’ 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. 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’. 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.
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. 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, and of William Oldfield at Bradford also in 1820.
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.
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. 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. 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. 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.
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, 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. 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). 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’. 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”.
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. 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.
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, 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.
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. 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.
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’.
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. 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.’
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’. 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. These euphemisms, however, sanitised the state-sanctioned violence of the death sentence: it seems that ‘it [was] ugly to be punishable, but there [was] no glory in punishing’. The execution really was something that the state was ashamed to have to impose.
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.
 G. W. M. Reynolds, The Mysteries of London (2 Vols. London: J. Dicks, 1845; repr. London: Printed for the Booksellers [n.d.]), p.42.
 Henry Mayhew, London Labour and the London Poor (3 Vols. London: George Woodfall & Sons, 1851; repr. Oxford: Oxford University Press, 2010), p.93.
 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 ). 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.
 F. W. Chandler, The Literature of Roguery 2 Vols. (Cambridge: The Riverside Press, 1907), 1: 181
 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.
 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/> Accessed 11 September 2016].
 Chandler, The Literature of Roguery, 1: 181.
 Peter Linebaugh, The London Hanged: Crime and Civil Society in Eighteenth-Century England (London: Penguin, 1991), p.89.
 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.
 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.
 Henry Fielding ‘Jonathan Wild’ in The Works of Henry Fielding 12 Vols. (London, 1743; repr. London: J. Bell, 1775), 5: 4.
 Faller, Turned to Account, p.54.
 John Brewer, The Pleasures of the Imagination: English Culture in the Eighteenth Century 2nd Edn. (London: Routledge, 2013), p.351.
 Frederich Engels, The Condition of the Working Class in England (1848 repr. London: Penguin, 2009).
 Gatrell, The Hanging Tree, p.32.
 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 ). Harvard Library School of Law HOLLIS: 009799979.
 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 ). Harvard Library School of Law HOLLIS: 009799658.
 Gatrell, The Hanging Tree, p.175.
 Gatrell, The Hanging Tree, p.243.
 Rachel Hall, Wanted: The Outlaw in American Visual Culture (Charlottesville, VA: University of Virginia Press, 2009), p.37.
 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.
 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.
 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.
 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).
 The Last Dying Speech and Confession of Ferdinando Davis, Who was Executed at Nottingham on Wednesday 31st March 1802 ([Leicester]: Throsby, Printer, Leicester, ). Harvard Library School of Law HOLLIS: 009799953.
 The Last Speech, Confession, and Dying Words of James Dormand.
 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 ). Harvard Library School of Law HOLLIS: 005949713.
 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.
 McKenzie, Tyburn’s Martyrs, p.59.
 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)
 Life, Trial, and Awful Execution of William Harley, for the Chipstead Burglary at Horsemonger Lane Gaol, Old Montague Street, Whitechapel (London: Carpue, Printer ). Harvard Library School of Law HOLLIS: 007053667.
 The Latest Particulars: The Epsom Murder and Highway Robbery.
 Trial and Sentence: A Full and Particular Account of the Trial and Sentence of James Mitchell and John Sharp.
 Chassaigne, Popular Representations of Crime, p.40.
 Michel Foucault, Discipline and Punish: The Birth of the Prison System Trans. by A. Sheridan 2nd Edn. (London: Penguin, 1977), p.9.
 Charles Dickens cited in Michael Fraser, Charles Dickens: A Life Defined by Writing (New Haven: Yale University Press, 2009), p.249.
 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. ). Harvard Library School of Law HOLLIS: 003184872.
 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].
 Crone, Violent Victorians, p.103
 Foucault, Discipline and Punish, p.10.
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.
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’. 
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’,  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. 
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. 
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. 
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).
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.
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.
 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.
 Smith, Highwaymen, p.401.
 Smith, Highwaymen, p.24.
 Smith, Highwaymen, p.167.
 Peter Wagner, ‘Trial Reports as a Genre of Eighteenth-Century Erotica’ Journal for Eighteenth-Century Studies 5: 1 (1982), pp.117-121.
 Smith, Highwaymen, p.56.
 Smith, Highwaymen, p.167.
 Andrea McKenzie, Tyburn’s Martyrs: Execution in England, 1675-1775 (London: Hambledon, 2007), p.59.
 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.
 Smith, Highwaymen, p.138.
 Smith, Highwaymen, p.144.
 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)