Mr. Hals commits an apparent mistake in assigning the advowson of this
parish to Mr. St. Aubyn at the period of Wolsey’s Valuation, and then
stating that it was acquired by purchase at the general dissolution of
religious houses.
It is probable that the advowson was acquired when the alien priories,
or all such houses as were cells in England subject to monasteries
abroad, were given to the King by an Act of Parliament, 2d year of
Henry V. A.D. 1415. See the statute in original Norman French, vol.
VI. p. 986, of Dugdale’s Monasticon, London, 1830; and in Latin, vol.
IX. p. 281, of Rymer’s Fœdera.
Sir John St. Aubyn, mentioned by Mr. Hals as in possession of Clowance
at the time of his writing, represented the County in Parliament, and
acquired popularity by opposing the administration of Sir Robert
Walpole. He married Catherine, daughter, and eventually coheiress of
Sir Nicholas Morice, of Werrington, and the Lady Catherine Herbert,
and great-granddaughter of Sir William Morice, Secretary of State at
the Restoration.
This lady brought a fortune of ten thousand pounds, which, the Editor
remembers to have heard from a very aged member of the family, were
conveyed in two carts from Werrington to Clowance, all in half crowns,
and that he assisted in taling them.
But in addition to ten thousand pounds Miss Morice also received at
her marriage, or afterwards succeeded to, the manor of Stoke Damarel,
on the Eastern bank of the Tamar, near Hamoaze, and purchased not a
long time before from the Wises, a respectable family in the South of
Devon, for eleven thousand five hundred pounds.
On this manor all the dock yards and government buildings have been
constructed, and the whole town of Plymouth Dock, now Devonport, has
been built, together with Morris Town, Stoke, &c. so that the annual
income has risen to perhaps three or four fold the original purchase
money.
This Sir John St. Aubyn left a son of his own name, and three
daughters, who married Basset, Molesworth, and Buller.
The son, Sir John St. Aubyn, had also the honour of representing the
County in Parliament. He married Miss Wingfield, from the North of
England; and dying in October 1772, left his estate to an only son,
the present Sir John St. Aubyn. He left also four daughters, who have
married Prideaux, Molesworth, Lennard, and White.
Mr. Lysons states that the church of Crowan was given by William Earl
of Gloucester to the Priory of St. James, in Bristol, which was a Cell
to Tewkesbury Abbey. If that is so, Mr. Hals must be entirely mistaken
in assigning the advowson to a St. Aubyn at the time of Wolsey’s
Valuation.
Mr. Lysons also says, that Kerthen, in this parish, belonged to a
family of the name of Cowlins, from whom it passed to the Godolphins
by a marriage.
Leland was entertained at Kerthen in the course of making his
Itinerary, by a Mr. Godolphin, who resided there. Leland, however,
writes the name Cardine.
In submitting to the press by far the greater part of Mr. Hals’
Manuscripts, and also of Mr. Tonkin’s Manuscript, in so far as it
differs from the former, the Editor has been especially careful to
preserve all such anecdotes and narratives of events as may tend to
illustrate the manners or the opinions of the times to which they
relate, adding to them many that have come to his knowledge from other
sources.
Just a hundred years ago such a series of events took place with
reference to the possession of Skewis, a farm in this parish, as would
induce any one of the present time to think that he must be living in
another land, under a different administration of the laws, and in a
totally dissimilar state of society.
Skewis had been, for I know not how long, the freehold patrimony of a
succession of yeomen proprietors of the name of Rogers. There were now
two brothers, the elder married and lived on the farm, but without a
family, the younger brother, Henry Rogers, married and had several
children. He carried on for several years in Helston the trade of a
pewterer, then of considerable importance to Cornwall, although it is
now lost. A large portion of the tin was then exported in the shape of
pewter made into plates, dishes, &c. all of which have been superseded
by earthenware. At the first introduction of earthenware, provincially
called clome, it was a popular cry to destroy the clome, and to bring
back the use of tin. He had for some years retired to this parish.
I have made many diligent inquiries about Henry Rogers, and they have
not gone to represent him as a bad man, but as one little in the habit
of restraining his passions, of great bodily strength, and of what is
termed a wilful disposition; and his prejudices were probably
supported by an opinion, still prevalent among country people, that
freehold lands, which have once descended to an heir cannot be
alienated by any possessor without the concurrence of his heir.
The elder brother died, when a will was produced giving all the
freehold property to his widow, whose maiden name was Millett. Henry
Rogers averred, and possibly believed, that the will was spurious, and
would be invalid at all events. Under that impression, and despising
legal remedies, he waited for an opportunity when his sister-in-law
was from home; he then turned some female servants out of the house,
and took forcible possession. The widow of course appealed to the law,
with the voice of the whole country, however, against her; and it is
universally reported that Sir John St. Aubyn, the principal gentleman
of the parish, would have supported Rogers in a legal proceeding.
However that may be, he prepared for violence, and refused to yield up
possession when judgment was given against him; so that the Sheriff
was at last directed to eject him by force. But Rogers got several
persons, ignorant and lawless as himself, to remain with him in the
house, which had been barricaded and adapted for defence, and great
numbers of people, partly from curiosity, but in part also to
countenance his resistance, having assembled on the spot, the civil
power was completely resisted, and two men killed by shots from the
house; the Under Sheriff himself having narrowly escaped,――as he
states in his evidence, rather ludicrously, that the discharge of a
gun from the house burnt his wig and singed his face.
This happened on the 18th of June, 1734.
On the following day the Under Sheriff came back, assisted by some
soldiers, who were fired on and one killed. They returned the fire,
but without effect. And then, which would appear almost incredible,
Rogers was allowed to remain in quiet possession, after these murders,
till March of the following year, when he was again blockaded by
soldiers; and the siege, I apprehend, continued for several days, with
the loss of two more men, when at last cannon were brought from
Pendennis Castle. On the night following their arrival, Rogers
contrived to effect an escape. He travelled on foot, and got as far as
Salisbury, with the intention, as he stated, of making his case known
to the King.
Whatever might have been the opinions of gentlemen, and educated
persons, on the abstract merit of his case, it became impossible for
them not to join in bringing to condign punishment one who had thus
taken away the lives of innocent persons, and set at equal defiance
the laws of God and man.
Sir John St. Aubyn now took an active part in endeavouring to secure
the fugitive, and being through his marriage connected with the
Herberts Earls of Pembroke, who resided in the neighbourhood of
Salisbury, handbills descriptive of Rogers were circulated round that
town. I have always heard that a postboy, driving homewards a return
postchaise, was accosted by a stout man walking with a gun in his
hand, requesting to be taken in. The boy drove him to the inn, where
he procured a bed; but the circumstances and description had excited
strong suspicion, and he was secured in his sleep.
The prisoner was of course removed to Cornwall. He was there convicted
of murder, together with John Street, who seems to have been his
principal partisan, and both made an atonement for their offences with
their lives.
Through the favour of Lord Hardwicke, I have procured a copy of the
evidence, and a portion of the charge given to the Grand Jury, in
reference to those prisoners, by his Lordship’s grandfather, the
justly-celebrated first Earl of Hardwicke and Lord Chancellor.
Launceston, Aug. 1, 1735.
The King against Henry Rogers and John Street.
Indictment for murder of William Carpenter, by shooting him
in the back with a gun charged with leaden bullets, 19th
June 1734, at Crowan, in com. Cornub.
Plea, Not Guilty.
Sergeant Chapple pro Rege.
_Stephen Tillie_ was Under-Sheriff 1734. 8 June 1734
received a writ of assistance under the great seal. 31 Maij,
7 Geo. II. writ of assistance, reciting the writ of
execution of the decree and writ of injunction, whereby
possession was to be delivered to Anne Rogers, commanding to
put Anne Rogers into possession, and to remove and expel the
said Henry Rogers, his tenants, and accomplices, from
possession of the premises.
18 June he went to the house; the prisoner was in the
window, and held a gun at him; he called to him, and told
him that he had the king’s writ, and must have possession;
would not meddle with his person.
Prisoner said Lord Chancellor made an unjust decree. He said
that then he might deliver possession and appeal. Swore,
damn him, he would not deliver possession. Saw two or three
hundred people. Read the proclamation. The prisoner fired a
gun, burned his wig, and singed his face. One of his
officers said he was shot through the head. Expostulated
again. Then he swore if the King and Lord Chancellor came he
would not deliver it. Several guns were fired. He told him
he would give him time till tomorrow morning eight o’clock.
Sent to Captain Sadler for a few soldiers; the captain sent
them; he went with them; he demanded entrance. Prisoner
said, “Damn you, are you come again?” A gun was mounted out
of the hole cut in the door within an inch of his body;
discharged; and it shot Carpenter, who fell with it, and
said he was a dead man. Another gun fired, and shot Hatch,
his servant. Rogers had a gun in his hand when he first saw
him, and afterwards came out with a gun in his hand.
Carpenter was a bailiff to the sheriff, and he had commanded
him to go to his assistance. Mrs. Rogers, the plaintiff, was
there both times.
_George Ellis._ 18 June was desired by Mrs. Rogers to go
with them. Rogers and his wife in the window, and had a gun
between them. Mr. Tillie demanded possession. Prisoner said
he would not; swore and cursed, and said he had strength
enough to defend his possession against any person; insisted
the estate was his. The Under-sheriff expostulated with him,
and told him if he had a right, his best way was to submit
to the law. Sheriff read the proclamation. Rogers asked him
to drink a dram; he went for it, and in the meantime his
wife held the gun; guns were fired.
19 June went again. Under-sheriff told him he hoped he was
in a better mind now, and would deliver him possession.
Refused. A gun fired from the house. Soon after, heard it
called out that Carpenter was shot in the back, and a
soldier shot in the groin. He is a surgeon, and dressed
Carpenter; found him shot from about the fourth rib to his
buttock; many slugs and jagged pieces of lead in it.
Between two and three hundred men there the first day, and a
great many the second day, but not so many. Sir J. St. Aubin
having sent out his steward, heard the under-sheriff ask him
who were in the house. He said only his own servants.
No gun was fired, or any force used by any of the
Under-sheriff’s company till Carpenter was shot.
_Mr. Lukey_, surgeon. Found a gun-shot wound in the small of
his back. He saw him on Wednesday the 19th, died on Friday.
It was a great quantity of small shot; thinks the wound went
through into his belly.
_Samuel Hatch_, servant to Mr. Tillie, the Under-sheriff.
18th was there. The Under-sheriff read the King’s writ to
him. He did not see who fired the gun, but saw no man in the
house that day but Rogers, whom he knows.
Cannot say he saw Rogers fire the first time. Carpenter was
shot, and another soldier shot, and two men wounded before
any of the soldiers or Sheriff’s company fired. He was shot
with slugs.
_Richard Vinsam._ Was there the first day, and the Sheriff
read and showed him the writ; told Rogers that if he would
try the cause again he should be as ready to put him in as
to take him out. He was there again the second day. The
Sheriff told him he was come again to do his office, and
desired him to be easy. Gives the same account, and that the
soldiers did not fire till after Carpenter was shot.
As to Street.
_Edward Williams._ Was at Skewis House the 19th day of June
1734. Saw John Street there in the house, with a sword in
his hand. Kept people in the house, and said he would run
any body through that offered to go away; said now was the
time to do a friend service; assisted Rogers by keeping
persons in by force; the Sheriff was then come to demand
possession.
Street was in the house when the firing was.
Rogers’s wife was apprehended by the time the Under-sheriff
came to the house.
_Mr. Black_, ensign, was there with the soldiers; with the
others; had orders from the commanding officer to attend the
Sheriff. No firing by the soldiers or sheriff’s company till
Carpenter and a soldier killed.
_John Ellett_ was one of the soldiers who went with the
Under-sheriff to assist him. Agrees with the rest, that
Carpenter was shot from that part of the house where he saw
Rogers. There was no firing by the soldiers or the sheriff’s
assistants till Carpenter was wounded.
_Henry Jeffries_ was corporal to the party. Heard the
Under-sheriff read the proclamation, and demand entrance;
when Rogers refused.
Carpenter went up and struck at the door; and as he turned
about was shot in the back; he was shot in the leg; had
orders from the Under-sheriff to fire.
The _Prisoner_. Had good counsel, and thought he had a good
right to the estate; was unwilling to deliver it up the
first day; told him he intended to appeal; said if he did
not deliver possession he might bring a writ of rebellion
against him. Sheriff swore he would have possession. Sheriff
went off, and he did not expect to see him again. Next
morning heard the soldiers were coming. Sent his wife out;
they seized her. With beat of drum the Sheriff and soldiers
came and fired at him; the soldiers fired about five rounds
apiece.
_Henry Berriman._ 18 day of June saw the sheriff go, and
heard him demand entrance; and the prisoner said he should
have none. The next day the Sheriff came with soldiers; but
he was two coits cast off; the soldiers were on the eastern
side of the house; the soldiers fired three rounds; but he
did not see the gun fired out of the house. Carpenter was
shot on the eastern side of the house, and he was on the
western side of the house; the Undersheriff desired him to
carry him off. Did not see Carpenter receive the shot. Was
not on the same side of the house when Carpenter was shot;
as far off as the tower of this town from this place.
[Carpenter was on the eastern side of the house when he was
shot].
_Thomas Pendarves._ Rode through the town just as the
soldiers came with the Sheriff; saw Henry Rogers’s wife; was
on the south side of the house when the firing was first;
but that was on the east side of the house; however, thinks
he could distinguish whether it came from the house or the
soldiers, because the firing from the house was by single
pops now and then, and the soldiers shot many together. To
his sight and perception the first firing was by the
soldiers. Can’t say any more. He was not on the east of the
house at all. A great number of people assembled.
_Henry Johns_ was in company with Carpenter; said he forgave
Mr. Rogers.
_John Rogers_ saw Carpenter in his bed, and drank with him.
He asked how he came to throw a great stone. He said he did
not know; but he freely forgave the man that shot him; for
if they had not been merciful they might have destroyed them
all.
_John Street_ was at the house at his labour.
Writ of execution of the decree read.
_Mr. John Hawkins_ was solicitor for Mrs. Rogers; went with
the Sheriff; demanded possession; saw a gun fired from the
house; did no hurt; saw Carpenter actually shot and fall; no
firing by the soldiers till after that of two other guns.
Verdict, both guilty of murder.
The King against Henry Rogers and John Street.
Indictment for the murder of George Woolston alias Wilson,
with a gun charged with leaden bullets 19th June 1734, at
Crowan, in com. Cornub.
Plea, Not Guilty.
Serjeant Chapple, pro Rege.
Writ of Execution, Injunction, and Writ of Assistance, put
in.
_Mr. Tillie._ Gives the same account that he did before.
Second day after Carpenter was shot, Henry Rogers came to
the window with his gun on the east side, fired, and a shot
went through his hat, and a soldier wounded. He ordered the
soldiers to fire. Woolston was on the west side, and was
shot there. No gun was fired by the soldiers, or any person
in the assistance of the sheriff, nor a sword drawn, nor any
force, till after Carpenter was shot and Hatch wounded, and
Jeffries shot through the leg. Woolston declared that Rogers
had shot him, on his asking him. Died in about half an hour
after. Soldiers went to the assistance of him; ordered them
to use no force till resistance.
_John Ellet._ He was on the east side of the house; he
carried off Woolston; was shot from the waistband of his
breeches to the buckle of his shoes. Gives the same account
as to the occasion. There was no firing on the eastern side
of the house till after Carpenter was killed and Jeffries
shot in the leg.
_Nicholas Daniel_ was serjeant, and went to Skewis House.
After the first firing William Carpenter was killed. The
officer ordered him to go with ten men to the west side of
the house. As soon as he came into the court, saw the
prisoner Rogers come to the window and fire his gun and shot
Woolston, of which he died in an hour.
_Cross-examined._ After Carpenter was killed, some of the
soldiers had fired on the east side of the house before he
went to the west side.
_Samuel Hatch_ gives the same account as before of the facts
on 18th and 19th June. The first guns which were fired were
by persons that were withinside of the house, and not by
persons that were withoutside of the house. No firing by the
soldiers, or any in assistance of the sheriff, till after
one was killed and two wounded.
_George Ellis._ The same as before. Saw Woolston go with the
soldiers to the west side of the house. Soon afterwards
heard a cry that Woolston was shot. Went and saw him. He was
shot from the groin to the ancle. He was then in a manner
dying; died of that wound. The first firing from within the
house, before the Sheriff had finished the concluding words
of the proclamation; three guns fired before the soldiers
fired.
_Richard Vinsam._ Saw Rogers looking out at the window.
Several guns fired before the Sheriff had quite finished the
proclamation. No guns fired by the soldiers till they had
fired from the house.
_Mr. Black._ After the firing from the east side, ordered
eight or ten soldiers to go round to the west side, and soon
heard Woolston was shot. No firing by the soldiers till
after from the house.
_Mr. John Hawkins._ 19th, no gun fired from the soldiers
till after Carpenter dropped.
_Piercy Price._ 18th March last at Skewis. Was with the
soldiers when they took possession. Rogers looked out of the
little door. Asked him how he came to let a man lay unburied
who was there? owned “he killed him. As to the old soldier
that was killed, I had no animosity against him. It is true
I killed him, but it was time, he was too proud; intended to
kill the Sheriff and his men.”
_As to Street._
_Edward Williams._ Was there when Woolston was killed.
Street was on the inside of the house at the western door
when Woolston was killed. Had a sword drawn. He asked to go
out. Street said if he offered to do it he would run him
through; hindered him and another from going out; said if
they would do a friend any good or service now was the time;
the service was to keep the possession against the Sheriff.
The prisoner Rogers thought his appeal had been lodged.
_Henry Berryman._ The soldiers fired upon the house about
three times before they parted to different sides of the
house; did not see Carpenter shot, nor does not know when he
was shot; was as far off as the length of the whole hall;
did not see Street there.
_Thomas Pendarves._ By his perceivance the soldiers fired
first. Stood on the south side of the house, two hundred
yards off; did not see either Carpenter or Woolston shot.
_John Street has no evidence._
Verdict, both Guilty.
The King against Henry Rogers.
Indictment for the murder of Andrew Willis, alias Tubby, by
shooting him in the breast on the 16th of March at Crowan.
Plea, Not Guilty.
Serjeant Chapple, pro Rege.
_Edward Bennett._ Was a constable, and on 16th March called
Andrew Willis, alias Tubby, to give in his assistance to
take the prisoner Rogers at Skewis House on account of
murders that he had committed. Tubby was about sixty yards
from the house, and he saw a gun fired from a window of the
house; immediately on that Tubby fell down; he ran off;
immediately saw Rogers in the window from which the fire
came; afterwards saw Rogers come out to the man and walk
round him and take Tubby’s gun, but before Rogers came out
another gun was fired; saw one or two more at the window
afterwards; intended to apprehend him and bring him to
Launceston.
_John Williams._ Was with Bennett and Tubby at the
constable’s desire to take Mr. Rogers, but ordered them not
to shoot without necessity; about sixty yards off the house
saw Tubby on his knee, almost before he heard the report of
the gun; immediately saw Rogers in the window with a gun in
his hand; thought Rogers was gone out of his house. Tubby
cried, “Lord! Lord!” and fell down. Another gun fired, and
he crept away through the hedge.
_Henry Thomas._ Saw Rogers on 16th March, with a gun, walk
by the dead body forwards and backwards. Said, “Here lies
the black Bill.”
_Henry James._ Was called to assist William John the
constable the Sunday that Tubby lay dead at Skewis; saw the
prisoner with a gun within twelve feet of the body. Prisoner
said, “Sir Andrew, thou didst make thy brag last Sunday that
thou wouldst lend me a brace of bullets, but I think I have
paid thee.” Asked them to come in and drink a dram; refused.
He said, “If he would, he would make them come into the
castle.” They went away, and we retired. Rogers stood in the
lane with a gun in his hand, bid them turn in; said, Sir
John St. Aubyn would be angry if they had any thing to do
with any body in the house. He said, “Damn them, if they did
not he would shoot them.” Asked, if they knew who killed the
man? “No.” Said, “There was a black man lay dead in the
moor, if any body would own him they should have him. I have
the bill;” produced the gun; “Damn him, if they don’t come
and own him, I’ll cut off his head and stick it on the
chimney.”
_James Fall._ Heard the gun go off. Heard somebody say,
“Take up the man.” He ran out, and Rogers looked out of his
window, asked, what he was going for? said, “To see what you
have done; you will be hanged at last.” Said, “If you do not
go back, I will shoot you too.” Said to him, “Did not I tell
you to tell Sir John, that I would take them off as he would
fetch them.” He said “fetch them?”
_Prisoner._ That these people followed him and endeavoured
to shoot him.
Verdict, guilty.
An addition which appears to have been made to a charge
delivered by Lord Hardwicke, Chief Justice on Western
Circuit in 1735.
Of the truth of this observation and of the pernicious
consequences of lawless force, you of this country have
lately had a flagrant but an instructive instance. In that
you have seen from what small springs a torrent of violence
may arise. How people once engaged in such practices, go on
from invading the property, to taking away the lives of
their fellow subjects; and from an obstinate contemptuous
opposition to the regular decisions of the ordinary Courts
of Justice, they advance almost to open rebellion.
The honourable and indefatigable endeavours of the gentlemen
of this county to reform and suppress such daring outrages
cannot be sufficiently commended, and must always be
remembered highly to their honour. And happy it is that
these endeavours, enforced by the seasonable and gracious
assistance of his majesty, had the desired effect. To
consider this affair in its full extent, it ought on the one
hand to be looked upon as a strong proof that the King will
make use of the extraordinary as well as the ordinary powers
of his government, only for protection and security of his
people; and on the other hand, that the gentlemen of England
will unite in the support of the laws, and of legal, well
established government, against all attempts of any kind
whatsoever to introduce disorder and confusion.
So great were the apprehensions entertained of a man who had in this
extraordinary manner, and for months set at defiance the whole
authority of the country, that, immediately after his absconding, the
magistrates of the hundred issued the following proclamation:
Cornwall.――To all Magistrates, Headboroughs, and Officers of
Towns and Parishes, to whom these presents shall come.
Whereas several murders have lately been committed by Henry
Rogers, of Skewis, in the parish of Crowan, in the county of
Cornwall, and whereas the said Henry Rogers and his gang did
last night abscond and withdraw themselves from justice,
notwithstanding a strict guard of soldiers and others which
were placed about the house at Skewis to prevent their
escape, and any further mischiefs that might ensue from
their wicked intentions and intrigues of the said Henry
Rogers and his abettors; And whereas they withdrew from
Skewis with their guns and ammunition, whereby it is
suspected that they will plunder and ravage the whole
county:――We therefore desire you to transmit this to the
next town, that it may go through the whole county, not only
that all his Majesty’s good and peaceable subjects may be
guarded against the said Rogers and his gang, but that they
may do their utmost endeavours to apprehend them, and bring
them to their trial, that all such horrid practices, which
threaten destruction to society and government, may for the
future be prevented, the public peace preserved, and the
authors of such infamous disorders be brought to condign
punishment.
We are, with much respect, gentlemen,
Your most humble servants,
JOHN ST. AUBIN.
JOHN BORLASE.
WM. ARUNDELL.