FOOTNOTES:

[43] This was the exercising ground of the Train Bands and the

Honourable Artillery Company. It was on the west side of

Finsbury Square.

The History of the WALTHAM BLACKS and their transactions to the death of

RICHARD PARVIN, EDWARD ELLIOT, ROBERT KINGSHELL, HENRY MARSHALL, JOHN

PINK and EDWARD PINK, and JAMES ANSELL _alias_ PHILLIPS, at Tyburn,

whose lives are also included

Such is the unaccountable folly which reigns in too great a part of the

human species, that by their own ill-deeds, they make such laws

necessary for the security of men's persons and properties, as by their

severity, unless necessity compelled them, would appear cruel and

inhuman, and doubtless those laws which we esteem barbarous in other

nations, and even some which appear so though anciently practised in our

own, had their rise from the same cause.

I am led to this observation from the folly which certain persons were

guilty of in making small insurrections for the sake only of getting a

few deer, and going on, because they found the leniency of the laws

could not punish them at present, until they grew to that height as to

ride in armed troops, blacked and disguised, in order the more to

terrify those whom they assaulted, and wherever they were denied what

they thought proper to demand, whether venison, wine, money, or other

necessaries for their debauched feasts, would by letter threaten plunder

and destroying with fire and sword, whomever they thought proper.

These villainies being carried on with a high hand for some time in the

years 1722 and 1723, their insolence grew at last so intolerable as to

oblige the Legislature to make a new law against all who thus went armed

and disguised, and associated themselves together by the name of Blacks,

or entered into any other confederacies to support and assist one

another in doing injuries and violences to the persons and properties of

the king's subjects.

By this law it was enacted that after the first day of June, 1723,

whatever persons armed with offensive weapons, and having their faces

blacked, or otherwise disguised, should appear in any forest, park or

grounds enclosed with any wall or fence, wherein deer were kept, or any

warren where hares or conies are kept, or in any highway, heath or down,

or unlawfully hunt, kill or steal any red or fallow deer, or rob any

warren, or steal fish of any pond, or kill or wound cattle, or set fire

to any house or outhouses, stack, etc., or cut down or any otherway

destroy trees planted for shelter or profit, or shall maliciously shoot

at any person, or send a letter demanding money or other valuable

things, shall rescue any person in custody of any officer for any such

offences, or by gifts or promise, procure any one to join with them,

shall be deemed guilty of felony without benefit of clergy, and shall

suffer pains of death as felons so convicted.

Nor was even this thought sufficient to remedy those evils, which the

idle follies of some rash persons had brought about, but a retrospect

was also by the same Act had to offences heretofore committed, and all

persons who had committed any crimes punishable by this Act, after the

second of February, 1722, were commanded to render themselves before the

24th of July, 1723, to some Justice of his Majesty's Court of King's

Bench, or to some Justice of the Peace for the county where they lived,

and there make a full and exact confession of the crimes of such a

nature which they had committed, the times when, and the places where,

and persons with whom, together with an account of such persons' places

of abode as had with them been guilty as aforesaid, in order to their

being thereupon apprehended, and brought to judgment according to Law,

on pain of being deemed felons, without benefit of clergy, and suffering

accordingly; but were entitled to a free pardon and forgiveness in case

that before the 24th of July they surrendered and made such discovery.

Justices of Peace by the said Act were required on any information being

made before them by one or more credible persons, against any person

charged with any of the offences aforesaid, to transmit it under their

hands and seals to one of his Majesty's principal Secretaries of State,

who by the same Act is required to lay such information and return

before his Majesty in Council; whereupon an order is to issue for the

person so charged to surrender within forty days. And in case he refuse

or neglect to surrender within that time, then from the day in which the

forty days elapsed, he is to be deemed as a felon convict, and execution

may be awarded as attainted of felony by a verdict.

Every person who, after the time appointed for the surrender of the

person, shall conceal, aid or succour him, knowing the circumstances in

which he then stands, shall suffer death as a felon, without benefit of

clergy, and that people might the more readily hazard their persons for

the apprehending such offenders, it is likewise enacted that if any

person shall be wounded so as to lose an eye, or the use of any limb in

endeavouring to take persons charged with the commission of crimes

within this law, then on a certificate from the Justices of the Peace

of his being so wounded, the sheriff of the county, if commanded within

thirty days after the sight of such certificate, to pay the said wounded

persons £50 under pain of forfeiting £10 on failure thereof, and in case

any person should be killed in seizing such persons as aforesaid, then

the said £50 is to be paid to the executors of the person to be killed.

It cannot seem strange that in consequence of so extraordinary an act of

legislature, many of these presumptious and silly people should be

apprehended, and a considerable number of them having upon their

apprehension been committed to Winchester gaol, seven of them were by

_Habeas Corpus_, removed for the greater solemnity of their trial to

Newgate, and for their offence brought up and arraigned at the King's

Bench Bar, Westminster. There being convicted on full evidence, all of

them of felony, and three of murder, I shall inform ye, one by one, of

what has come to my hand in relation to their crimes, and the manner and

circumstances with which they were committed.

Richard Parvin was master of a public-house at Portsmouth, a man of dull

and dogmatic disposition, who continually denied his having been in any

manner concerned with these people, though the evidence against him at

his trial was as full and as direct as possibly could have been

expected, and he himself evidently proved to have been on the spot where

the violences committed by the other prisoners were transacted. In

answer to this, he said that he was not with them, though indeed he was

upon the forest, for which he gave this reason. He had, he said, a very

handsome young wench who lived with him, and for that reason being

admired by many of his customers, she took it in her head one day to run

away. He hearing that she had fled across the forest, pursued her, and

in that pursuit calling at the house of Mr. Parford, who keeps an

alehouse in the forest, this man being an evidence against the other

Blacks, took him it seems into the number, though as he said, he could

fully have cleared himself if he had had any money to have sent for some

witnesses out of Berkshire. But the mayor of Portsmouth seizing, as soon

as he was apprehended, all his goods, put his family into great distress

and whether he could have found them or not, hindered his being able to

produce any witnesses at his trial.

He persevered in these professions of his innocency to the very last,

still hoping for a reprieve, and not only feeding himself with such

expectations while in prison, but also gazed earnestly when at the tree,

in hopes that pardon would be brought him, until the cart drew away and

extinguished life and the desire of life together.

Edward Elliot, a boy of about seventeen years of age, whose father was a

tailor at a village between Petworth and Guildford, was the next who

received sentence of death with Parvin. The account he gave of his

coming into this society has something very odd in it, and which gives a

fuller idea of the strange whims which possessed these people. The boy

said that about a year before his being apprehended, thirty or forty men

met him in the county of Surrey and hurried him away. He who appeared to

be the chief of them told him that he enlisted him in the service of the

King of the Blacks, in pursuance of which he was to disguise his face,

obey orders of whatsoever kind they were, such as breaking down fish

ponds, burning woods, shooting deer, taking also an oath to be true to

them, or they by their art magic would turn him into a beast, and as

such make him carry their burdens, and live like a horse upon grass and

water.

He said, also, that in the space of time he continued with them, he saw

several experiments of their witchcraft, for that once when two men had

offended them by refusing to comply in taking their oath and obeying

their orders, they caused them immediately to be blindfolded and

stopping them in holes of the earth up to their chin, ran at them as if

they had been dogs, bellowing and barking as it were in their ears; and

when they had plagued them awhile in this ridiculous manner they took

them out, and bid them remember how they offended any of the Black

Nation again, for if they did, they should not escape so well as they

had at present. He had seen them also, he said, oblige carters to drive

a good way out of the road, and carry whatsoever venison or other thing

they had plundered to the places where they would have them; that the

men were generally so frightened with their usage and so terrified with

the oaths they were obliged to swear, that they seldom complained, or

even spoke of their bondage.

As to the fact for which they died, Elliot gave this account: that in

the morning when that fact was committed for which he died, Marshall,

Kingshell and four others came to him and persuaded him to go to Farnham

Holt, and that he need not fear disobliging any gentlemen in the

country, some of whom were very kind to this Elliot. They persuaded him

that certain persons of fortune were concerned with them and would bear

him harmless if he would go. He owned that at last he consented to go

with them, but trembled all the way, insomuch that he could hardly reach

the Holt. While they were engaged in the business for which they came,

viz., killing the deer, the keepers came upon them. Elliot was wandered

a considerable way from his companions after a fawn which he intended

to send as a present to a young woman at Guildford; him therefore they

quickly seized and bound, and leaving him in that condition, went in

search of the rest of his associates. It was not long before they came

up with them. The keepers were six, the Blacks were seven in number, so

they fell to it warmly with quarter-staffs. The keepers unwilling to

have lives taken, advised them to retire, but upon their refusing, and

Marshall's firing a gun, by which one of the keepers belonging to the

Lady How was slain, they discharged a blunderbuss and shattered the

thigh of one Barber, amongst the Blacks. Upon this three of his

associates ran away, and the two others, Marshall and Kingshell were

likewise taken, and so the fray for the present ended.

Elliot lay bound all the while within hearing, and in the greatest

agonies imaginable, at the consideration that whatever blood was spilt

he should be as much answerable for it as these who shed it; in which he

was not mistaken, for the keepers returning after the fight was over,

carried him away bound and he never had his fetters off after, till the

morning of his execution. He behaved himself very soberly, quietly and

with much seeming penitence and contrition. He owned the justice of the

Law in punishing him, and said he more especially deserved to suffer,

since at the time of the committing this fact, he was servant to a widow

lady, where he wanted nothing to make him happy or easy.

Robert Kingshell was twenty-six years old, and lived in the same house

with his parents, being apprentice to his brother a shoemaker. His

parents were very watchful over his behaviour and sought by every method

to prevent his taking to ill courses, or being guilty of any debauchery

whatever. The night before this unhappy accident fell out, as he and the

rest of the family were sleeping in their beds, Barber made a signal at

his chamber window, it being then about eleven o'clock. Upon this

Kingshell arose and got softly out of the window; Barber took him upon

his horse, and away they went to the Holt, twelve miles distant, calling

in their way upon Henry Marshall, Elliot and the rest of their

accomplices. He said it was eight o'clock in the morning before the

keepers attacked them, he owned they bid them retire, and that he

himself told them they would, provided the bound man (Elliot) was

released and delivered into their hands, but that proposition being

refused, the fight at once grew warm. Barber's thigh was broken, and

Marshall killed the keeper with a shot; being thereupon very hard

pressed, three of their companions ran away, leaving him and Marshall to

fight it out. Elliot being already taken, and Barber disabled, it was

not long before they were in the same unhappy condition with their

companions. From the time of their being apprehended, Kingshell laid

aside all hopes of life, and applied himself with great fervency and

devotion to enable him in what alone remained for him to do, viz., dying

decently.

Henry Marshall, about thirty-six years of age, the unfortunate person by

whose hand the murder was committed, seemed to be the least sensible of

any of the evils he had done, although such was the pleasure of Almighty

God that till the day before his execution, he neither had his senses,

nor the use of his speech. When he recovered it, and a clergyman

represented to him the horrid crime of which he had been guilty, he was

so far from showing any deep sense of that crime of shedding innocent

blood, that he made light of it, said he might stand upon his own

defence, and was not bound to run away and leave his companions in

danger. This was the language he talked for the space of twenty-four

hours before his death, in which he enjoyed the use of speech; and so

far was he from thanking those who charitably offered him their

admonitions, that he said he had not forgot himself, but had already

taken care of what he thought necessary for his soul. However, he did

not attempt in the least to prevaricate, but fairly acknowledged that he

committed the fact for which he died, though nothing could oblige him to

speak of it in any manner as if he was sorry for or repented of it,

farther than for having occasioned his own misfortunes; so strong is the

prejudice which vulgar minds acquire by often repeating to themselves

and in company certain positions, however ridiculous and false. And

sure, nothing could be more so than for a man to fancy he had a right to

imbrue his hands in the blood of another, who was in the execution of

his office, and endeavouring to hinder the commission of an illegal act.

These of whom I have last spoken were all concerned together in the

before-mentioned fact, which was attended with murder; but we are now to

speak of the rest who were concerned in the felony only, for which they

with the above-mentioned Parvin suffered. Of these were two brothers,

whose names were John and Edward Pink, carters in Portsmouth, and always

accounted honest and industrious fellows before this accident happened.

They did not, however, deny their being guilty, but on the contrary

ingenuously confessed the truth of what was sworn, and mentioned some

other circumstances that had been produced at the trial which attended

their committing it. They said they met Parvin's housekeeper upon that

road, that they forced her to cut the throat of a deer which they had

just taken upon Bear Forest, gave her a dagger which they forced her to

wear, and to ride cross-legged with pistols before her.

In this dress they brought her to Parvin's house upon the forest, where

they dined upon a haunch of venison, feasted merrily and after dinner

sent out two of their companions to kill more deer, not in the King's

Forest, but in Waltham Chase, belonging to the Bishop of Winchester. One

of these two persons they called their king, and the other they called

Lyon. Neither of these brothers objected anything, either to the truth

of the evidence given against them, or the justice of that sentence

which had passed upon them, only one insinuating that the evidence would

not have been so strong against him and Ansell, if it had not been for

running away with the witness's wife, which so provoked him that they

were sure they should not escape when he was admitted a witness.

These like the rest were hard to be persuaded that the things they had

committed were any crimes in the eyes of God. They said deer were wild

beasts, and they did not see why the poor had not as good a right to

them as the rich. However, as the Law condemned them to suffer, they

were bound to submit, and in consequence of that notion, behaved

themselves very orderly, decently and quietly, while under sentence.

James Ansell, _alias_ Stephen Philips, the seventh and last of these

unhappy persons, was a man addicted to a worse and more profligate life

than any of the rest had ever been; for he had held no settled

employment, but had been a loose disorderly person, concerned in all

sorts of wickedness for many years, both at Portsmouth, Guildford, and

other country towns, as well as at London. Deer were not the only things

that he had dealt in; stealing and robbing on the highway had been

formerly his employment, and in becoming a Black, he did not as the

others ascend in wickedness, but came down on the contrary, a step

lower. Yet this criminal as his offences were greater, so his sense of

them was much stronger than in any of the rest, excepting Kingshell, for

he gave over all manner of hopes of life and all concerns about it as

soon as he was taken.

Yet even he had no notion of making discoveries, unless they might be

beneficial to himself, and though he owned the knowledge of twenty

persons who were notorious offenders in the same kind, he absolutely

refused to name them, since such naming would not procure himself a

pardon; talking to him of the duty of doing justice was beating the air.

He said, he thought there was no justice in taking away other people's

lives, unless it was to save his own, yet no sooner was he taxed about

his own going on the highway than he confessed it, said he knew very

well bills would have been preferred against him at Guildford assizes,

in case he had got off at the King's Bench, but that he did not greatly

value them. Though formerly he had been guilty of some facts in that

way, yet they could not all now be proved, and he should have found it

no difficult matter to have demonstrated his innocence of those then

charged upon him, of which he was not really guilty, but owed his being

thought so to the profligate course of life he had for some time led,

and his aversion to all honest employments.

Bold as the whole gang of these fellows appeared, yet with what

sickness, what with the apprehension of death, they were so terrified

that not one of them but Ansell, _alias_ Philips, was able to stand up,

or speak at the place of execution, many who saw them affirming that

some of them were dead even before they were turned off.

As an appendix to the melancholy history of these seven miserable and

unhappy persons, I will add a letter written at that time by a gentleman

of the county of Essex, to his friend in London, containing a more

particular account of the transactions of these people, than I have seen

anywhere else. Wherefore, without any further preface, I shall leave it

to speak for itself.

A letter to Mr. C. D. in London.

Dear Sir,

Amongst the odd accidents which you know have happened to me in the

course of a very unsettled life, I don't know any which hath been

more extraordinary or surprising than one I met with in going down

to my own house when I left you last in town. You cannot but have

heard of the Waltham Blacks, as they are called, a set of whimsical

merry fellows, that are so mad to run the greatest hazards for the

sake of a haunch of venison, and passing a jolly evening together.

For my part, though the stories told of these people had reached my

ears, yet I confess I took most of them for fables, and I thought

that if there was truth in any of them it was much exaggerated. But

experience (the mistress of fools) has taught me the contrary, by

the adventure I am going to relate to you, which though it ended

well enough at last, I confess at first put me a good deal out of

humour. To begin, then; my horse got a stone in his foot, and

therewith went so lame just as I entered the forest, that I really

thought his shoulder slipped. Finding it however impossible to get

him along, I was even glad to take up at a little blind alehouse

which I perceived had a yard and a stable behind it.

The man of the house received me very civilly, but when he

perceived my horse was so lame as scarce to be able to stir a step,

I observed he grew uneasy. I asked him whether I could lodge there

that night, he told me no, he had no room, I desired him, then, to

put something to my horse's foot, and let me sit up all night; for I

was resolved not to spoil a horse which cost me twenty guineas by

riding him in such a condition in which he was at present. The man

made me no answer, and I proposed the same questions to the wife.

She dealt more roughly and freely with me, and told me that truly I

neither could, nor should stay there, and was for hurrying her

husband to get my horse out. However, on putting a crown into her

hand and promising another for my lodging, she began to consider a

little; and at last told me that there was indeed a little bed above

stairs, on which she should order a clean pair of sheets to be put,

for she was persuaded I was more of a gentleman than to take any

notice of what I saw passed there.

This made me more uneasy than I was before. I concluded now I was

got amongst a den of highwaymen, and expected nothing less than to

be robbed and my throat cut. However, finding there was no remedy, I

even set myself down and endeavoured to be as easy as I could. By

this time it was very dark, and I heard three or four horsemen

alight and lead their horses into the yard. As the men returned and

were coming into the room where I was, I overheard my landlord say,

_Indeed, brother, you need not be uneasy, I am positive the

gentleman's a man of honour_, to which I heard another voice reply,

_What could our death do to any stranger? Faith, I don't apprehend

half the danger you do. I dare say the gentleman would be glad of

our company, and we should be pleased with his. Come, hang fear,

I'll lead the way._ So said, so done, in they came, five of them,

all disguised so effectually that I declare, unless it were in the

same disguise, I should not be able to distinguish any one of them.

Down they sat, and he who I suppose was constituted their captain

_pro hac vice_, accosted me with great civility, and asked me if I

would honour them with my company to supper. I acknowledge I did not

yet guess the profession of my new acquaintances, but supposing my

landlord would be cautious of suffering either a robbery or a murder

in his own house, I know not how, but by degrees my mind grew

perfectly easy. About ten o'clock I heard a very great noise of

horses, and soon after men's feet tramping in a room over my head.

Then my landlord came down and informed us supper was just ready to

go upon the table.

Upon this we were all desired to walk up, and he whom I before

called the captain, presented me, with a humorous kind of ceremony,

to a man more dignified than the rest who sat at the end of the

table, telling me at the same time, he hoped I would not refuse to

pay my respects to Prince Oroonoko, King of the Blacks. It then

immediately struck into my head who those worthy persons were, into

whose company I was thus accidentally fallen. I called myself a

thousand blockheads for not finding out before, but the hurry of

things, or to speak the truth, the fear I was in, prevented my

judging even from the most evident signs.

As soon as our awkward ceremony was over, supper was brought in; it

consisted of eighteen dishes of venison in every shape, roasted,

boiled with broth, hashed collops, pasties, umble pies, and a large

haunch in the middle, larded. I easily saw that of three ordinary

rooms of which the first floor of the house consisted, ours (by

taking down the partitions) was very large, and the company in all

twenty-one persons. At each of our elbows there was set a bottle of

claret, and the man and woman of the house sat down at the lower

end. Two or three of the fellows had good natural voices, and so the

evening was spent as merrily as the rakes pass theirs in the King's

Arms, or the City apprentices with their master's maids at Sadler's

Wells. About two the company seemed inclined to break up, having

first assured me that they should take my company as a favour any

Thursday evening, if I came that way.

I confess I did not sleep all night with reflecting on what had

passed, and could not resolve with myself whether these humorous

gentlemen in masquerade were to be ranked under the denomination of

knight-errants, or plain robbers. This I must tell you, by the by,

that with respect both to honesty and hardship, their life resembles

much that of the hussars, since drinking is all their delight, and

plundering their employment.

Before I conclude my epistle, it is fit I should inform you that

they did me the honour (with a design perhaps to have received me

into their order) of acquainting me with those rules by which their

society was governed.

In the first place their Black Prince assured me that their

government was perfectly monarchial, and that when upon expeditions

he had an absolute command; _but in the time of peace_, continued

he, _and at the table, government being no longer necessary, I

condescend to eat and drink familiarly with my subjects as friends.

We admit no man_, continued he, _into our society until he has been

twice drunk with us, that we may be perfectly acquainted with his

temper, in compliance with the old proverb--women, children and

drunken folks speak truth. But if the person who sues to be

admitted, declares solemnly he was never drunk in his life, and it

plainly appears to the society in such case, this rule is dispensed

with, and the person before admission is only bound to converse with

us a month. As soon as we have determined to admit him, he is then

to equip himself with a good mare or gelding, a brace of pistols,

and a gun of the size of this, to lie on the saddle bow. Then he is

sworn upon the horns over the chimney, and having a new name

conferred by the society, is thereby entered upon the roll, and from

that day forward, considered as a lawful member._

He went on with abundance more of their wise institutions, which I

think are not of consequence enough to tell you, and shall only

remark one thing more, which is the phrase they make use of in

speaking of one another, viz., _He is a very honest fellow and one

of us._ For you must know it is the first article in their creed

that there's no sin in deer-stealing.

In the morning, having given my landlady the other crown piece, I

found her temper so much altered for the better, that in my

conscience I believe she was not in the humour to have refused me

anything, no, not even the last favour; and so walking down the yard

and finding my horse in pretty tolerable order, I speeded directly

home, much in amaze at the new people I had discovered. You see I

have taken a great deal of pains in my letter; pray, in return, let

me have as long a one from you, and let me see if all your London

rambles can produce such another adventure.

Lives of the Most Remarkable Criminals Who have been Condemned and Executed for Murder, the Highway, Housebreaking, Street Robberies, Coining or other offences · 第 90 / 221 题