THE EDITOR.

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.

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