Book Review: “The Art of Law: Three Centuries of Justice Depicted” (2017)

Stefan Huygebaert et al (eds.), The Art of Law: Three Centuries of Justice Depicted (Tielt: Lannoo, 2016), 205pp. ISBN9789401440417 RRP £20.

This lavishly illustrated book is related to a recent exhibition at the Groeningemuseum in Brugge, Belgium. The aim of the exhibition was to give an overview of how justice and the workings of the law have been depicted in European high art between the medieval and early modern periods. To this end, the Groeningemuseum displayed paintings from its own collection, such as the fifteenth-century work by Gerard David, Het Oordeel van Cambyses (“The Judgement of Cambyses”), as well as rare manuscripts, books, and artefacts. The exhibition was then supplemented by an academic conference on the theme of law and justice in art which is currently a neglected area of scholarship.[i]

The introduction by Georges Martyn is highly informative, prefacing the ensuing case studies by raising several interesting points about the reason why art and architecture is highly important to the operation of the law:

Throughout history, law and justice have been surrounded by an aura of sacredness. To judge is to exercise power […] in the 19th– and 20th-century courts of law, architecture played a vital role in legitimising authority. With their richly decorated rooms and the impressive robes of the togati, these ‘Temples of Themis’ inspired awe […] Art depicting law and justice helped to legitimise the power of the courts.[ii]

It was recognised at the time that artistic depictions of the law helped to shore up the power of the ruling elites. This is why, after all, many of the paintings displayed at the exhibition were often commissioned by Magistrates and other public officials, and it had become common practice to exhibit these paintings within official buildings.[iii]

The book is divided into a series of case studies by various authors, each of which analyses a particular painting or object and discusses it in its historical context. One interesting essay in the collection is Vanessa Pauman’s discussion of the afore-mentioned Het Oordeel van Cambyses. This painting was commissioned by the Magistrates of Bruges but was not intended to awe offenders with a sense of the power and glory of the workings of the law. Rather, as Paumen points out, it was a moral message for the judges who passed sentences. The painting tells the story of a judge who served the King of Persia. The judge, Cambyses, had been accepting bribes from offenders and thus ‘had tainted his noble profession’.[iv] As punishment, the King ordered Cambyses to be flayed alive, and had his skin to decorate the judges’ chair as a permanent reminder of the sacredness of their profession.

judgment-of-cambyses
The Judgement of Cambyses. Oil on Canvas. Groeninngemuseum.

Additionally, in the medieval and early modern periods, the idea of earthly justice was intertwined with that of divine justice. Societies in those ages were, of course, more religious. While the Last Judgement features heavily in a lot of art, Georges Martyn also picks examines other lesser-known Biblical episodes which featured in a visual representations of justice. For example, Francis Floris I’s The Judgement of Solomon (1547) was exhibited in Antwerp City Hall in order to provide public officials with an example of the difficulties of trying to judge a case when it is a matter of one person’s word against another. Works such as Het Oordeel van Cambyses and The Judgement of Solomon remind us that the representation of justice is not always about aweing commoners into submission.

Other highlights include Jos Monballyu’s discussion of paintings depicting the Flemish jurist, Joos de Damhauder (1507-1581). The man was a ‘celebrity’ public official: the author of a highly influential law treatise entitled Practycke Criminele (1570), and appeared in numerous contemporary prints. Another highlight in the collection of essays is Stefan Huygebaert’s discussion of the uses of the sword in images of justice. The reason that recognisable figures in the iconography of the law carry a sword, we are told, is because such images draw upon images of Christ from the book of revelation. The sword carried by images of Lady Justice symbolises not only a willingness to judge (as Christ does at the Last Judgement), but also a willingness to protect the weak and vulnerable.

The book focuses heavily on paintings and prints, but one thing that could have enhanced this work is if it had discussed more artefacts. Huygebaert and Kristel Van Audenaeren co-author a chapter on a fifteenth century silver sculpture shaped like a fist and called, perhaps unsurprisingly, The Fist of Justice (there appear to be no public domain images of this and therefore I cannot show it). Such pieces were known as ‘penalty pieces’, imposed upon wealthy offenders who had committed violent acts and exhibited in the courtroom for future offenders to see. This was a person’s way of ‘giving something back to society’, so to speak. In spite of the highly interesting history of this and similar objects given by Huygebaert and Audenaeren, however, the subsequent chapters revert to discussing paintings.

floris-last-judgement
Frans Floris, The Judgement of Solomon. Oil on Canvas. Antwerp: Museum von Schone Kunsten.

Although this is an academic book, at twenty pounds it is relatively affordable when compared to the standard monograph price of approximately seventy pounds. The subject matter will render it useful to both researchers and students interested in the visual representation of the law, a sub-discipline of art, crime and legal history that is gaining ground. Moreover, its highly visual content will, furthermore, render the book popular with general readers interested in legal and crime history.


Notes

[i] In Britain, Plymouth University recently held a conference with a similar theme entitled ‘A Time of Judgement: The Operation and Representation of Judgement in 19th Century Cultures’ at which I gave a paper, although the focus at this conference was literature rather than art and material culture.

[ii] Georges Martyn, ‘Divine Judgement, Worldly Justice’ in The Art of Law: Three Centuries of Justice Depicted ed. by Stefan Huygebaert et al (Tielt: Lannoo, 2016), pp.15-28 (p.15).

[iii] Vannessa Pauman, ‘The Skin of the Judge: The Judgment of Cambyses’ in The Art of Law: Three Centuries of Justice Depicted ed. by Stefan Huygebaert et al (Tielt: Lannoo, 2016), pp.81-91 (p.91).

[iv] Ibid.

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

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

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

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

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

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

Field’s Defence.

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

Hawkes’ Defence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


References

ALL IMAGES TAKEN FROM BOOKS IN MY PERSONAL COLLECTION

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

[ii] Ibid.

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

[iv] Ibid.

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

[vi] Ibid.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


References

HEADER IMAGE: (c) Eighteenth-Century Collections Online

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

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

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

Introduction

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

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

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

Context

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

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

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

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

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

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

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

Outlaws and Rogues – Modus Operandi

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

index
Thomas Harman’s The Unfortunate Traveller (1594)

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

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

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

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

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

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

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

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


References

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