The Life of CHARLES TOWERS, a Minter in Wapping

Notwithstanding it must be apparent, even to a very ordinary

understanding, that the Law must be executed both in civil and criminal

cases, and that without such execution those who live under its

protection would be very unsafe, yet it happens so that those who feel

the smart of its judgment (though drawn upon them by their own misdeeds,

follies or misfortunes which the Law of man cannot remedy or prevent)

are always clamouring against its supposed severity, and making dreadful

complaints of the hardships they from thence sustain. This disposition

hath engaged numbers under these unhappy circumstances to attempt

screening themselves from the rigour of the laws by sheltering in

certain places, where by virtue of their own authority, or rather

necessities, they set up a right of exemption and endeavour to establish

a power of preserving those who live within certain limits from being

prosecuted according to the usual course of the Law.

Anciently, indeed, there were several sanctuaries which depended on the

Roman Catholic religion, and which were, of course, destroyed when

popery was done away by Law. However, those who had sheltered themselves

in them kept up such exemption, and by force withstood whatever civil

officers attempted to execute process for debt, and that so vigorously

that at length they seemed to have established by prescription what was

directly against Law. These pretended privileged places increased at

last to such an extent that in the ninth year of King William, the

legislature was obliged to make provision by a clause in an Act of

Parliament, requiring the sheriffs of London, Middlesex, and Surrey, the

head bailiff of the Dutchy Liberty, or the bailiff of Surrey, under the

penalty of one hundred pounds, to execute with the assistance of the

_posse comitatus_ any writ or warrant directed to them for seizing any

person within any pretended privilege place such as Whitefriars, the

Savoy, Salisbury Court, Ram Alley, Mitre Court, Fuller's Rents,

Baldwin's Gardens, Montague Close or the Minories, Mint, Clink, or Dead

Man's Place.[50] At the same time they ordered the assistance for

executing the Law, of any who obey the sheriff or other person or

persons in such places as aforesaid, with very great penalties upon

persons who attempt to rescue persons from the hands of justice in such

place.

This law had a very good effect with respect to all places excepting

those within the jurisdiction of the Mint, though not without some

struggle. There, however, they still continued to keep up those

privileges they had assumed, and accordingly did maintain them by so far

misusing persons who attempted to execute processes amongst them, by

ducking them in ditches, dragging them through privies or "lay stalls,"

accompanied by a number of people dressed up in frightful habits, who

were summoned upon blowing a horn. All which at last became so very

great a grievance that the legislature was again forced to interpose,

and by an act of the 9th of the late King, the Mint, as it was commonly

called, situated in the parish of St. George's, Southwark, in the county

of Surrey, was taken away, and the punishment of transportation, and

even death, inflicted upon such who should persist in maintaining there

pretended privileges.

Yet so far did the Government extend its mercy, as to suffer all those

who at the time of passing the Act were actually shelterers in the Mint

(provided that they made a just discovery of their effects) to be

discharged from any imprisonment of their persons for any debts

contracted before that time. By this Act of Parliament, the privilege of

the Mint was totally taken away and destroyed.

The persons who had so many years supported themselves therein were

dissipated and dispersed. But many of them got again into debt, and

associating themselves with other persons in the same condition, with

unparalleled impudence they attempted to set up (towards Wapping) a new

privileged jurisdiction under the title of the Seven Cities of Refuge.

In this attempt they were much furthered and directed by one Major

Santloe, formerly a Justice of Peace, but being turned out of

commission, he came first a shelterer here, and afterwards a prisoner in

the Fleet. These people made an addition to these laws which had

formerly been established in such illegal sanctuaries, for they provided

large books in which they entered the names of persons who entered into

their association, swearing to defend one another against all bailiffs

and such like. In consequence of which, they very often rescued

prisoners out of custody, or even entered the houses of officers for

that purposes. Amongst the number of these unhappy people, who by

protecting themselves against the lesser judgments of the Law involved

themselves in greater difficulties, and at last drew on the greatest and

most heavy sentence which it could pronounce, was him we now speak of.

Charles Towers was a person whose circumstances had been bad for many

years, and in order to retrieve them he had turned gamester. For a

guinea or two, it seems, he engaged for the payment of a very

considerable debt for a friend, who not paying it at his time, Towers

was obliged to fly for shelter into the Old Mint, then in being. He went

into the New, which was just then setting up, and where the Shelterers

took upon them to act more licentiously and with greater outrages

towards officers of Justice than the people in any other places had

done. Particularly they erected a tribunal on which a person chosen for

that purpose sat as a judge with great state and solemnity. When any

bailiff had attempted to arrest persons within the limits which they

assumed for their jurisdiction, he was seized immediately by a mob of

their own people, and hurried before the judge of their own choosing.

There a sort of charge or indictment was preferred against him, for

attempting to disturb the peace of the Shelterers within the

jurisdiction of the Seven Cities of Refuge. Then they examined certain

witnesses to prove this, and thereupon pretending to convict such

bailiff as a criminal, he was sentenced by their judge aforesaid to be

whipped or otherwise punished as he thought fit, which was executed

frequently in the most cruel and barbarous manner, by dragging him

through ditches and other nasty places, tearing his clothes off his

back, and even endangering his life.

One West, who had got amongst them, being arrested by John Errington,

who carried him to his house by Wapping Wall, the Shelterers in the New

Mint no sooner heard thereof, but assembling on a Sunday morning in a

great number, with guns, swords, staves, and other offensive weapons,

they went to the house of the said John Errington, and there terrifying

and affrighting the persons in the house rescued John West, pursuant, as

they said, to their oaths, he being registered as a protected person in

their books of the Seven Cities of Refuge. In this expedition Charles

Towers was very forward, being dressed with only a blue pea-jacket,

without hat, wig or shirt, with a large stick like a quarter-staff in

his hand, his face and breast being so blackened that it appeared to be

done with soot and grease, contrary to the Statute made against those

called The Waltham Blacks, and done after the first day of June, 1723,

when that Statute took place.

Upon an indictment for this, the fact being very fully and dearly

proved, notwithstanding his defence, which was that he was no more

disguised than his necessity obliged him to be, not having wherewith to

provide himself clothes, and his face perhaps dirty and daubed with mud,

the jury found him guilty, and he thereupon received sentence of death.

Before the execution of that sentence, he insisted strenuously on his

innocence as to the point on which he was found guilty and condemned,

viz., having his face blacked and disguised within the intent and

meaning of the Statute, but he readily acknowledged that he had been

often present and assisted at such mock courts of justice as were held

in the New Mint, though he absolutely denied sitting as judge when one

Mr. Westwood, a bailiff, was most abominably abused by an order of that

pretended court. He seemed fully sensible of the ills and injuries he

had committed by being concerned amongst such people, but often said

that he thought the bailiffs had sufficiently revenged themselves by the

cruel treatment they had used the riotous persons with, when they fell

within their power, particularly since they hacked and chopped a

carpenter's right arm in such a manner that it was obliged to be cut

off; had abused others in so terrible a degree that they were not able

to work, or do anything for their living. He himself had received

several large cuts over the head, which though received six weeks

before, yet were in a very bad condition at the time of his death.

As to disguises, he constantly averred they were never practised in the

New Mint. He owned they had had some masquerades amongst them, to which

himself amongst others had gone in the dress of a miller, and his face

all covered with white, but as to any blacking or other means to prevent

his face being known when he rescued West he had none, but on the

contrary was in his usual habit as all the rest were that accompanied

him. He framed as well as he could a petition for mercy, setting forth

the circumstances of the thing, and the hardship he conceived it to be

to suffer upon the bare construction of an Act of Parliament. He set

forth likewise, the miserable condition of his wife and two children

already, she being also big of a third. This petition she presented to

his Majesty at the Council Chamber door, but the necessity there was of

preventing such combinations for obstructing justice, rendered it of no

effect. Upon her return, and Towers being acquainted with the result, he

said he was contented, that he went willingly into a land of quiet from

a world so troublesome and so tormenting as this had been to him. Then

he kneeled down and prayed with great fervency and devotion, after which

he appeared very composed and showed no rage against the prosecutor and

witnesses who had brought on his death, as is too often the case with

men in his miserable condition.

On the day appointed for his execution, he was carried in a cart to a

gallows whereon he was to suffer in Wapping, the crowd, as is not common

on such occasions, lamenting him, and pouring down showers of tears, he

himself behaving with great calmness and intrepidity. After prayers had

been said, he stood up in the cart, and turning towards the people,

professed his innocence in being in a disguise at the time of rescuing

Mr. West, and with the strongest asserverations said that it was Captain

Buckland and not himself who sat as judge upon Mr. Jones the bailiff,

though, as he complained, he had been ill-used while he remained a

prisoner upon that score. To this he added that for the robberies and

thefts with which he was charged, they were falsities, as he was a dying

man. Money indeed, be said, might be shaken out of the breeches pocket

of the bailiff when he was ditched, but that whether it was or was not

so, he was no judge, for he never saw any of it. That as to any design

of breaking open Sir Isaac Tilliard's house, he was innocent of that

also. In fine, he owned that the judgment of God was exceeding just for

the many offences he committed, but that the sentence of the Law was too

severe, because, as he understood it, he had done nothing culpable

within the intent of the Statute on which he died. After this, he

inveighed for some time against bailiffs, and then crying with vehemency

to God to receive his spirit, he gave up the ghost on the 4th of

January, 1724-5.

However the death of Towers might prevent people committing such acts as

breaking open the houses of bailiffs, and setting prisoners at liberty,

yet it did not quite stifle or destroy those attempts which necessitous

people made for screening themselves from public justice, insomuch that

the Government were obliged at last to cause a Bill to be brought into

Parliament for the preventing such attempts for the future, whereupon in

the 11th year of the late King, it passed into a law to this effect:

That if any number of persons not less than three, associate themselves

together in the hamlet of Wapping, Stepney, or in any other place within

the bills of mortality, in order to shelter themselves from their debts,

after complaint made thereof by presentment of a grand jury, and should

obstruct any officer legally empowered and authorised in the execution

of any writ or warrant against any person whatsoever, and in such

obstructing or hindering should hurt, wound or injure any person; then

any offender convicted of such offence, should suffer as a felon and be

transported for seven years in like manner as other persons are so

convicted. And it is further enacted by the same law that upon

application made to the judge of any Court, out of which the writs

therein mentioned are issued, the aforesaid judge, if he see proper, may

grant a warrant directly to the sheriff, or other person proper to raise

the _posse comitatus_, where there is any probability of resistance. And

if in the execution of such warrant any disturbance should happen, and a

rescue be made, then the persons assisting in such rescue, or who

harbour or conceal the persons so rescued, shall be transported for

seven years in like manner as if convicted of felony, but all

indictments upon this statute are to be commenced within six months

after the fact committed.

Lives of the Most Remarkable Criminals Who have been Condemned and Executed for Murder, the Highway, Housebreaking, Street Robberies, Coining or other offences · 第 100 / 221 题