These were victims of the Parliament. Charles had more than one contest

with the Parliament on the subject of the execution of priests. In

January, 1641, Thomas Goodman, a priest and Jesuit, had been condemned.

The king reprieved him; the two Houses remonstrated and urged that the

law might be executed. Charles reminded Parliament of the inconvenience

which might ensue to Protestant Englishmen and others abroad, but having

said this he left the final decision to the Houses. Goodman petitioned

the king: “He would esteem his blood well shed to cement the breach

between your majesty and your subjects.” He was suffered to die in

Newgate.

Much the same happened later in the year. Seven priests were condemned

on December 8th. The French ambassador exerted himself in their behalf.

Charles consulted the two Houses as to a reprieve, to be followed by

banishment. He did in fact reprieve them. The Houses petitioned for

execution. Charles replied that he desired to banish the priests, “but

if you think the execution of these persons so very necessary to the

great and pious work of reformation, we refer it wholly to you, declaring

hereby that upon such your resolution signified to the ministers of

justice, our warrant for their reprieve is determined, and the law to

have its course.”[184] These also were suffered to linger out their lives

in Newgate.

=1654.= To get a respite for a while from this massacre of priests, we

may deal here with the last case that occurred for some years.

John Southworth was sent on the English mission in 1619. He escaped

imprisonment till 1627, when he was tried at Lancaster, condemned,

reprieved in 1630, and given over to the French ambassador for

transportation beyond seas. If he was sent abroad, which seems uncertain,

he was soon back, and after a long interval was again arrested, and once

more released. He was finally apprehended in 1654. On his arraignment he

pleaded that he was not guilty of treason, but in spite of persuasion

acknowledged that he was a priest. The court, with, it is said, great

reluctance, passed the inevitable sentence. On June 28th five coiners

were drawn, hanged, and quartered with Father Southworth.

Father Southworth was an old man of 72; nothing was alleged against him

but that he was a priest, that he was “a dangerous seducer.”

The guilt of this judicial murder rests wholly with Cromwell. The life of

Southworth was in his hands; he was deaf to the suit of the French and

Spanish ambassadors for Southworth’s life (Challoner’s Memoirs, pt. ii.

pp. 196-200).

No more Catholics were executed in England till the Popish Plot broke out

in 1678.

=1649.= With exquisite humour, none the less delightful because it was

probably unconscious, the admirers of Cromwell have set up his statue

near to the House of Commons, his back turned towards it. He might just

have left the House with the key of the locked door in his pocket. Why

is the statue there? It cannot be simply in recognition of the fact that

Cromwell cut off the head of a king. To cut off a king’s head may be a

meritorious deed, or it may be an infamous deed, or neither the one nor

the other in any notable degree. But, taken by itself, it does not seem

to demand an expression of national gratitude. Yet what else could the

statue have been intended to commemorate? What, besides, did Cromwell do?

He set up in place of monarchy a Thing so detestable that in a few years

the people were glad to have back a Stuart at any price: anything was

better than the military despotism of Cromwell and his majors-general.

Great soldier he was, great and pitiless. The proper place for Cromwell’s

statue was Drogheda.

Our hearts have burnt within us as we have read the story of ship-money

levied by Charles I. without the authority of Parliament. But Cromwell

also levied taxes illegally. When his old friend Cony refused to pay,

and reminded Cromwell how he had often declared that the man who paid

an illegal tax was worse than he who demanded it, Cromwell threw his

old friend into prison. When Cony was brought into court on his habeas

corpus, Cromwell threw into prison the three counsel who argued the case.

Cony, deprived of the aid of counsel, pleaded his own cause. It was too

clear to suffer greatly from want of skill in the pleading: the judge

could not decide adversely to Cony, but was unwilling to give judgment

against Cromwell. He deferred his decision. Cromwell removed him from the

bench.

Enclosing went on as before; the country was desolated by civil war; the

people fell into poverty deeper and deeper. The wicked laws, “taking

away the life of men only for theft,” continued in force to the bitter

disappointment of those who had looked for better things: “You have sate

now,” wrote Samuel Chidley, addressing his Highness the Lord Protector

and the Parliament, “you have sate now above these 40 days twice told,

and passed some Acts for transporting Corn and Cattel out of the Land,

and against Charls Stuart’s, &c., but (as I humbly conceive) have left

undone matters of greater concernment; amongst which, the not curbing

this over-much justice in hanging men for stealing is one; the not

suppressing the pressing of men to death for not answering against

themselves is another.”

Samuel Chidley, who, for greater emphasis, printed his arguments in red

ink, gave instructions that a copy of his book “should be nailed upon

Tiburne Gallowes before the execution, with this motto written on the

top:—

‘Cursed be that bloody hand

Which takes this downe without Command.’

… but the party could not naile it upon Tiburne Gallow-tree, for the

crowd of people, and therefore was forced to naile it on the tree which

is upon the bank by the Gallowes; and there it remained, and was read by

many both before and after execution, and its thought will stand there

still, till it drop away.”

A notable incident in the history of Tyburn!

Cromwell had enough to do to keep himself in his military saddle: he

had no time to waste on an impatient idealist.[185] Samuel Chidley

discovered, as others have since found, that the more things change the

more they remain the same. Hanging for theft went on as briskly as ever.

Indeed, by the irony of fate the Reign of the Saints furnishes us with an

account of the greatest number recorded as being executed at one time at

Tyburn. In the Thomasson collection of Tracts in the British Museum is

one bearing the following title:—

“A true and perfect Relation of the Tryall, Condemning, and executing of

the 24. Prisoners, who suffered for severall Robberies and Burglaries

at Tyburn on Fryday last, which was the 29. of this instant June, 1649,

expressing the penitent end of the said Prisoners, the grief of the many

Thousands there, and the Speech of John Mercer (who was there executed)

concerning Unity in this Kingdom, and the bringing home and setling of

the King.”

The names of the criminals are given, twenty-three men and one woman. The

prisoners were tied in eight carts, the sexton of St. Sepulchre’s made

his official speech to the culprits, “which being ended the carts were

drave unto Tiburne the Fatall place of execution, where William Lowen the

new Hangman fastned eight of them unto each Triangle.”

It would seem that there was nothing unusual, nothing to attract

attention, in the number executed. In the bound volume there is,

following the tract, “The Perfect Weekly Account … from Wednesday June

27, to Wednesday the 4 of July, 1649, Beginning Wednesday June 27.” This

little newspaper of eight pages does not so much as mention the execution.

=1650.= _October 2._ Captain Ashley was sentenced by the High Court

of Justice to have his head cut off, and one Benson to be hanged, for

conspiring against the Commonwealth in the tresonable Engagement of

Colonel Andrews.

_October 7._ Mr. Benson was executed at Tyburn according to the sentence

of the High Court of Justice; but in regard that Captain Ashley only

subscribed the Engagement, but acted nothing in it, he was pardoned by

the Parliament (Whitelocke).

=1653.= “The ambassador of Portugal had a very splendid equipage, and

in his company his brother don Pantaleon Sa, a Knight of Malta, and a

man eminent in many great actions, who out of curiosity accompanied his

brother in this embassy, that he might see England. This gentleman was of

a haughty and imperious nature, and one day being in the New Exchange,

upon a sudden accident and mistake had a quarrel with … Mr. Gerard, … who

had then returned some negligence and contempt to the _rodomontados_

of the Portuguese, and had left him sensible of receiving some affront.

Whereupon he repaired thither again the next day [November 22], with

many servants, better armed and provided for any encounter, imagining

he should find his former adversary, who did not expect the visitation.

But the Portuguese not distinguishing of persons, and finding many

gentlemen walking there, and amongst the rest one he believed very like

the other, he thought he was not to lose the occasion; he entered into

a new quarrel, in which a gentleman, utterly unacquainted with what had

formerly passed, and walking there accidentally was killed, and others

hurt; upon which the people rising from all the neighbouring places, don

Pantaleon thought fit to make his retreat to his brother’s house; which

he did, and caused the gates to be locked, and put all the servants in

arms to defend the house against the people which had pursued him, and

flocked now together from all parts to apprehend those who had caused the

disorder and had killed a gentleman.… Cromwell was quickly advertised

of the insolence, and sent an officer with soldiers to demand and seize

upon all who had been engaged in the action. And so the ambassador came

to be informed of the truth of the story, with which he was exceedingly

afflicted and astonished.”

The ambassador pleaded the privilege accorded to ambassadors, but the

officer was resolute; finally after an appeal to Cromwell, don Pantaleon

and the rest were given up and sent to Newgate.

“The ambassador used all the instances he could for his brother, being

willing to leave the rest to the mercy of the law, but could receive

no other answer but that justice must be done. And justice was done to

the full, for they were all brought to their trial at the sessions at

Newgate, and there so many of them condemned to be hanged as were found

guilty. And the rest of those who were condemned were executed at

Tyburn; and don Pantaleon himself was brought to the scaffold on Tower

Hill.”[186]

Strangely enough Gerard, with whom the quarrel began, was executed (for

high treason against the Protector) on the same day and on the same

scaffold.

=1658.= On June 8, Slingsby and Hewet were executed on Tower Hill:

Colonel Ashton, Mr. Stacy, and Mr. Bestely were drawn, hanged, and

quartered in the streets of the City, and on July 6 several of “the new

conspirators” were executed in London and at Tyburn.

These were Cromwell’s last executions. He died on September 3, 1658.

=1660.= A terrible vengeance followed. Between October 13 and 17 eight of

the Regicides were executed “at the Round or railed Place neer Charing

Crosse.” “And now the stench of their burnt bowels had so putrified the

air, as the inhabitants thereabout petitioned His Majesty there might

be no more executed in that place: therefore on Friday [_October 19_],

Francis Hacker, without remorse, and Daniell Axtell, who dissolved

himself into tears and prayers for the King and his own soul, were

executed at Tyburn, where Hacker was only hanged, and his brother

Rowland Hacker had his body entire, which he begged, and Axtell was

quartered.”[187]

To finish with the story of the regicides:—

Colonel Okey, Colonel Barkstead, and Miles Corbet were basely betrayed by

Downing, who had been chaplain in Okey’s regiment; the States General,

in violation of their fundamental maxim to receive and protect those

who took refuge in their territory, basely surrendered them. They were

executed at Tyburn on April 16, 1662.

A miserable vengeance was wreaked on the dead—on the “carcases” of

Cromwell, Ireton, and Bradshaw.

=1660.= _December 4._ A resolution was passed in the House of Commons;

the Lords made an addition, and finally the Resolution stood thus:—

_December 8._ Resolved, by the Lords and Commons assembled in Parliament,

That the carcases of Oliver Cromwell, Henry Ireton, John Bradshaw, Thomas

Pride, whether buried in Westminster Abbey or elsewhere, be, with all

expedition, taken up and drawn upon a hurdle to Tyburn, and there hanged

up in their coffins for some time: and after that buried under the said

gallows: and that James Norfolke Esquire, Serjeant at Arms attending

the House of Commons, do take care, that this order be put in effectual

execution by the common executioner for the County of Middlesex, and all

such others to whom it shall respectively appertain: who are required

in their several places to conform to and observe this order, with

effect; And the Sheriff of Middlesex is to give his assistance herein, as

there shall be occasion: And the Dean of Westminster is desired to give

directions to his officers of the Abbey to be assistant in the execution

of this order.[188]

A new gallows had been erected for the purpose. Let Evelyn tell us of the

use to which it was put on January 30, 1661:—

=1661.= _January 30._ This day (O the stupendous and inscrutable

judgments of God!) were the carcases of those arch-rebels, Cromwell,

Bradshawe (the judge who condemned his Majesty) and Ireton (son-in-law

to the Usurper) dragged out of their superb tombs in Westminster among

the Kings, to Tyburn, and hanged on the gallows there from nine in

the morning till six at night, and then buried under that fatal and

ignominious monument in a deep pit: thousands of people who had seen them

in all their pride being spectators.[189]

Here is another account, showing the feelings of a partisan:—

“The odious carcasses of O. Cromwell, H. Ireton, and J. Bradshaw drawn

upon sledges to Tyburn, and being pull’d out of their Coffins, there

hang’d at the severall Angles of that Triple-tree till Sun-set. Then

taken down, beheaded, and their loathesome Truncks thrown into a deep

hole under the Gallowes. Their heads were afterwards set upon Poles on

the top of Westminster Hall.”[190] Here Pepys saw them.

Neal says that the bodies were drawn upon hurdles, but the two words were

at this time used indifferently for the same thing.

There were various legends on the subject. One was that Cromwell was

not buried in Westminster Abbey, but on Naseby field. Another, that his

friends contrived that the body of Charles I. was substituted for that of

Cromwell, and was hanged on the gibbet. It was said that persons present

observed a seam on the neck—the head having been joined to the body after

decollation.[191]

Many bodies, including those of Cromwell’s mother and daughter, Admiral

Blake and John Pym, were taken from the Abbey, and buried in a pit in St.

Margaret’s churchyard.[192]

=1660.= On June 9 the House of Commons resumed debate on the Act of

general Pardon, Indemnity, and Oblivion, and a list was produced of some

who, though they did not sit at the trial of Charles I., on January 27,

1648, did sit on some of the preceding days. The subject was considered

on subsequent occasions, and finally an Act was passed, 13 Charles II.,

c. 15 (1661), enacting that Lord Monson, Sir Henry Mildmay, and Robert

Wallop (and others who had fled) should on January 27, 1662, be “carried

to the Tower of London and from thence drawne upon Sledges with Ropes

about theire necks, and according to the manner of persons executed for

High Treason quite through the streets of London unto the Gallows att

Tiburn,” and then carried back in like manner to the Tower or such other

prison as the king may think fit, and remain prisoners during their lives.

Accordingly on January 27, 1662:—“This morning, going to take water, upon

Tower-hill we met with three sleddes standing there to carry my Lord

Monson and Sir H. Mildmay and another to the gallows and back again, with

ropes about their necks: which is to be repeated every year, this being

the day of their sentencing the king.”[193]

The Act, however, contains nothing as to the repetition of the ceremony.

=1661.= This year witnessed the outbreak of the Fifth Monarchy men. John

James, a small-coal man, was executed at Tyburn. “The sheriff and hangman

were so civil to him in his execution, as to suffer him to be dead before

he was cut down, beheaded, bowelled, and quartered. His quarters were set

on the gates of the City, his head was first fixed on London bridge, but

afterwards upon a pole, near Bulstake Alley, Whitechapel, in which was

James’s meeting-house.”[194]

=1662.= _December 22._ Thomas Tonge, George Phillips, Francis Stubbs and

Nathaniel Gibbs, convicted of taking part in a plot to seize the Tower

and Whitehall, to kill the King and declare a Commonwealth. They were

drawn to Tyburn on two hurdles, hanged, beheaded and quartered; their

heads were set up on poles on Tower Hill.[195]

=1668.= _May 9._ This day Thomas Limerick, Edward Cotton, Peter

Messenger, and Richard Beasley, four of the persons formerly apprehended

in the Tumult during the Easter Holydays, having upon their Trial at

Hicks-Hall been found guilty and since sentenced as Traytors, were

accordingly Drawn, Hang’d, and Quartered at Tyburn, where they showed

many signs of their penitence, their quarters permitted Burial, only two

of their Heads ordered to be fixt upon London-Bridge.[196]

=1670.= In February of this year ended the brilliant career of Claude

Duval, the famous highwayman. There had been highwaymen before Duval, as

he was succeeded by others. But the great merit of Duval is that he gave

a tone and dignity to the profession which it never wholly lost. Before

giving any account of this prince of highwaymen it may be permitted to

say something on this branch of the profession of the art of thieving.

The century from 1650 to 1750 may be considered the era of the

highwayman. When civil war rages bands of marauders will spring up, whose

operations present a resemblance to the methods of a soldiery not kept

well in hand. Thus during the Commonwealth James Hinde was the captain

of a band of twenty or more whose operations were coloured by a pretence

of acting for the king. On November 11, 1651, Hinde was examined by the

Council of State, and “confessed his serving of the king in England,

Scotland and Ireland.” Highwayman as he was, his pretensions as a servant

of the king must have been admitted, as he was condemned at the Old

Bailey, sent to Worcester, and drawn, hanged, and quartered, for high

treason against the State. Accounts of his exploits were printed even a

century after his death. The catalogue of the British Museum contains

more than twenty entries relating to this worthy.

The prevalence of highway robbery is shown by the great number

of Proclamations issued during the reigns of Charles II. and his

immediate successors. Thus royal Proclamations offering rewards for the

apprehension of highwaymen were issued on December 23 and 30, 1668.

These were followed by others in 1677, 1679-80, 1681, 1682-3. In this

last eleven notorious robbers are specially named. In 1684 and 1684-5,

two more Proclamations were issued, followed in 1687 by an Order in

Council of the same tenor. In 1690 came a new Proclamation. These

Proclamations were not wholly successful in breaking up gangs, for in

December, 1691, the Worcester waggon was plundered by sixteen highwaymen

of £2,500 of the King’s money.

Still worse, in 1692 seven highwaymen robbed the Manchester carrier of

£15,000 of royal treasure. A Proclamation was now issued raising the

reward for capture. In the earliest Proclamations this had been fixed at

£10, afterwards raised to £20. The reward now offered was £40. In the

same year, 1692, was passed the Act 4 William and Mary, c. 8, taking

effect after March 25, 1693. The reward of £40 was to be paid by the

sheriff, or if he was not in funds, by the Treasury. Under date April 8,

1693, Luttrell writes, “Some moneys have been issued out of the Exchequer

pursuant to the late Act for taking highwaymen.”

To return to Duval. He was born in Normandy, and came over to England as

page to the Duke of Richmond. His best-known exploit is told at length in

memoirs, ascribed to William Pope (reprinted in “Harleian Miscellany,”

iii. 308-16):—

This is the place where I should set down several of his exploits; but I

omit them, both as being well known, and because I cannot find in them

more ingenuity than was practised before by Hind and Hannum, and several

other mere English thieves.

Yet, to do him right, one story there is that savours of gallantry, and

I should not be an honest historian if I should conceal it. He with

his squadron overtakes a coach, which they had set over night, having

intelligence of a booty of four-hundred pounds in it. In the coach was

a knight, his lady, and only one serving-maid, who, perceiving five

horsemen making up to them, presently imagined they were beset; and

they were confirmed in this apprehension by seeing them whisper to one

another, and ride backwards and forwards: the lady to show she was not

afraid, takes a flageolet out of her pocket and plays. Du Vall takes the

hint, plays also, and excellently well, upon a flageolet of his own; and

in this posture, he rides up to the coach-side. “Sir” (says he, to the

person in the coach), “your lady plays excellently, and I doubt not but

that she dances as well; will you please to walk out of the coach, and

let me have the honour to dance one currant with her upon the heath.”

“Sir” (said the person in the coach), “I dare not deny anything to one

of your quality and good mind; you seem a gentleman, and your request

is very reasonable.” Which said, the lacquey opens the boot; out comes

the knight, Du Vall leaps lightly off his horse, and hands the lady

out of the coach. They danced, and here it was that Du Vall performed

marvels; the best master in London, except those that are French, not

being able to show such footing as he did in his great riding French

boots. The dancing being over, he waits on the lady to her coach; as the

knight was going in says Du Vall to him, “Sir, you have forgot to pay

the musick.” “No, I have not” (replies the knight;) and, putting his

hand under the seat of the coach, pulls out an hundred pounds in a bag,

and delivers it to him; which Du Vall took with a very good grace, and

courteously answered, “Sir, you are liberal, and shall have no cause to

repent your being so; this liberality of yours shall excuse you the other

three-hundred pounds”: and giving him the word, that if he met with any

more of the crew, he might pass undisturbed, he civilly takes his leave

of him.

Here is the account of the lying in state after the execution:—

After he had hanged a convenient time, he was cut down, and, by persons

well dressed, carried into a mourning-coach, and so conveyed to the

Tangier-tavern in St. Giles’s, where he lay in state all that night,

the room hung with black cloth, the hearse covered with escutcheons,

eight wax-tapers burning, and as many tall gentlemen with long black

cloakes attending; mum was the word, great silence expected from all that

visited, for fear of disturbing this sleeping lion. And this ceremony

had lasted much longer, had not one of the judges (whose name I must not

mention here, lest he should incur the displeasure of the ladies) sent to

disturb this pageantry.

The “Memoirs” are not to be taken too seriously. They are satirical, as

is sufficiently shown by the title—“Intended as a severe Reflexion on the

too great Fondness of English Ladies towards French Footmen: which, at

that Time of Day was a too common Complaint.”

According to the “Memoirs” Duval’s tomb bore the family arms curiously

engraved and under them this epitaph:—

Tyburn Tree: Its History and Annals · 第 13 / 22 段