Newgate was refronted and refaced in 1638, but no further change or improvement was made in the building until a total reËdification became inevitable, after the great fire in 1666.

It is difficult to exaggerate the horrors of Newgate, the mismanagement, tyranny, and lax discipline which prevailed at that time. Its unsanitary condition was chronic, which at times, but only for influential inmates, was pleaded as an excuse for release. Luttrell tells us Lord Montgomery, a prisoner there in 1697, was brought out of Newgate to the King's Bench Court, there to be bailed, upon two affidavits, which showed that there was an infectious fever in Newgate, of which several were sick and some dead. He was accordingly admitted to bail himself in £10,000, and four sureties—the Duke of Norfolk, the Earl of Yarmouth, Lord Carrington, and Lord Jeffereys—in £5,000 each. An effort to secure release was made less successfully some years later in regard to Jacobite prisoners of note, although the grounds alleged were the same and equally valid. Some effort was made to classify the prisoners: there was the master's side, for debtors and felons respectively; the common side, for the same two classes; and the press-yard, for prisoners of note.

If a prisoner was hopelessly despondent, he could generally compass the means of committing suicide. A Mr. Norton, natural son of Sir George Norton, condemned for killing a dancing-master, because the latter would not suffer him to take his wife away from him in the street, poisoned himself the night before his reprieve expired. The drug was conveyed to him by his aunt without difficulty, "who participated in the same dose, but she is likely to recover." Nor were prisoners driven to this last desperate extremity to escape from durance. Pepys tells us in 1667, August 1, that the gates of the city were shut, "and at Newgate we find them in trouble, some thieves having this night broken open prison."

Within the gaol all manner of evil communication went forward unchecked among the prisoners. That same year Sir Richard Ford, the recorder, states that it has been made appear to the court of aldermen "that the keeper of Newgate hath at this day made his house the only nursery of rogues, prostitutes, pickpockets, and thieves in the world, where they were held and entertained and the whole society met, and that for the sake of the sheriffs[92:1] they durst not this day commit him for fear of making him let out the prisoners, but are fain to go by artifice to deal with him." The keeper at this time was one Walter Cowday, as appears from a State pardon "for seven prisoners ordered to be transported by their own consent," which he endorses. Sharper measure was dealt out to his successor, Mr. Fells, the keeper in 1696, who was summoned to appear before the Lords Justices for conniving at the escape of Birkenhead, alias Fish, alias South, East, West, etc., one of the conspirators in Sir John Fenwick's business, and who lay in prison "to be speedily tried." On examination of Fells, it was stated that Birkenhead's escape had been effected by a bribe, whereupon the sheriffs were instructed to find out the truth in order to displace Fells. Fells was furthermore charged with showing favour to Sir John Fenwick by suffering him to have pens, ink, and paper "alone;" a little later he was convicted on two indictments before Lord Chief Justice Holt at Guildhall, viz., for the escape of Birkenhead already mentioned, and of another prisoner imprisoned for non-payment of fine. Fell's sentence was postponed till the next term at the King's Bench Bar; but he moved the court in arrest of judgment, a motion which the King's Bench took time to consider, but which must have been ultimately decided in his favour, as two years later Fells still held the office of gaoler of Newgate.

The crimes of the latter half of the seventeenth century are of the same character as those of previous epochs. Many had, however, developed in degree, and were more widely practised. The offence of clipping and coining had greatly increased. The extent to which it was carried seems almost astounding. The culprits were often of high standing. A clipper, by name White, under sentence of death, was reprieved by the king upon the petition of the House of Commons in order that a committee of the House might examine him in Newgate as to his accomplices and their proceedings. Accordingly, White made "a large discovery" to the committee, both of clippers and coiners, and particularly of Esquire Strode, who had been a witness at the trial of the Earl of Bath (1697). Luttrell says, among twenty persons convicted of coining was Atkinson, the beau who made such a figure in town about eight years before, and spent an estate of £500 per annum in Yorkshire. In the lodgings of a parson, by name Salisbury, who was arrested for counterfeiting stamped paper, several instruments for clipping and coining were found. University men were beguiled into the crime of clipping; so were seemingly respectable London tradesmen. Goldsmiths and refiners were repeatedly taken up for these malpractices. A goldsmith in Leicester Fields and his servants are committed to Newgate for receiving large quantities of broad money from Exeter to clip it. A refiner's wife and two servants were committed to Newgate for clipping; the husband escaped. Bird, a laceman, in custody for coining, escaped; but surrendered and impeached others. Certain gilders committed to Newgate petitioned therefrom, that if released they would merit the same by a discovery of a hundred persons concerned in the trade.

The numbers engaged in these nefarious practices were very great. In 1692, information was given of three hundred coiners and clippers dispersed in various parts of the city, for several of whom warrants were issued, some by the Treasury, others by the Lord Chief Justice. The profits were enormous. Of three clippers executed at Tyburn in 1696, one, John Moore, "the tripe-man," was said to have got a good estate by clipping, and to have offered £6,000 for his pardon. Three other clippers arrested in St. James's St., and committed to Newgate, were found to be in possession of £400 in clippings, with a pair of shears and other implements. The information of one Gregory, a butcher, who "discovered" near a hundred persons concerned in the trade, went to prove that they made as much as £6,000 a month in counterfeit money. "All their utensils and moulds were shown in court, the latter being in very fine clay, which performed with great dexterity." The extent of the practice is shown by the ingenuity of the machinery used. "All sorts of material for coining was found in a house in Kentish town, with stamps for all coins from James I." The work was performed "with that exactness no banker could detect the counterfeit." So bold were the coiners, that the manufacture went forward even within the walls of Newgate. Three prisoners were taken in the very act of coining in that prison. One of the medals or tokens struck in Newgate as a monetary medium among the prisoners is still to be seen in the Beaufoy Collection at Guildhall. Upon the obverse of the coin the legend is inscribed: "Belonging to the cellar on the master's side, 1669;" on the reverse side is a view of Newgate and the debtors' prison.

The heaviest penalties did not check this crime. The offence was high treason; men sentenced for it were hanged, drawn, and quartered, and women were burnt. In 1683 Elizabeth Hare was burnt alive for coining in Bunhill Fields. Special legislation could not cope with this crime, and to hinder it the Lords of the Treasury petitioned Queen Mary (in the absence of William III) to grant no pardon to any sentenced for clipping unless before their conviction they discovered their accomplices.

Highway robbery had greatly increased. The roads were infested with banditti. Innkeepers harboured and assisted the highwaymen, sympathizing with them, and frequently sharing in the plunder. None of the great roads were safe: the mails, high officials, foreigners of distinction, noblemen, merchants, all alike were stopped and laid under contribution. The following are a few of the cases which were of constant occurrence. "His Majesty's mails from Holland robbed near Ilford in Essex, and £5,000 taken, belonging to some Jews in London." "The Worcester wagon, wherein was £4,000 of the king's money, was set upon and robbed at Gerard's Cross, near Uxbridge, by sixteen highwaymen. The convoy, being near their inn, went on ahead, thinking all secure, and leaving only two persons on foot to guard it, who, having laid their blunderbusses in the wagon, were on a sudden surprised by the sixteen highwaymen, who took away £2,500, and left the rest for want of conveniences to carry it." Two French officers (on their way to the coast) were robbed by nine highwaymen of one hundred and ten guineas, and bidden to go home to their own country. Another batch of French officers was similarly dealt with on the Portsmouth road. Fifteen butchers going to market were robbed by highwaymen, who carried them over a hedge and made them drink King James's health. The Portsmouth mail was robbed, but only of private letters; but the same men robbed a captain going to Portsmouth with £5,000 to pay his regiment with. Three highwaymen robbed the Receiver-General of Bucks of a thousand guineas, which he was sending up by the carrier in a pack; the thieves acted on excellent information, for although there were seventeen pack-horses, they went directly to that which was laden with the gold. Seven on the St. Alban's road near Pinner robbed the Manchester carrier of £15,000 king's money, and killed and wounded eighteen horses to prevent pursuit. The purser of a ship landed at Plymouth and rode to London on horseback, with £6,000 worth of rough diamonds belonging to some London merchants which had been saved out of a shipwreck. Crossing Hounslow Heath, the purser was robbed by highwaymen. "Oath was thereupon made before a justice of the peace," says Luttrell, in "order to sue the Hundred for the same." The Bath coach was stopped in Maidenhead thicket, and a footman who had fired at them was shot through the head. The Dover stage-coach, with foreign passengers, was robbed near Shooter's Hill, but making resistance, one was killed.

The western mail was robbed by the two Arthurs, who were captured and committed to Newgate. They soon escaped therefrom, but were again arrested at a tavern by Doctors' Commons, being betrayed by a companion. They confessed that they had gone publicly about the streets disguised in Grecian habits, and that one Ellis, a tobacconist, assisted them in their escape, for which he was himself committed to Newgate. John Arthur was soon afterwards condemned and executed. Henry Arthur was acquitted, but soon after quarrelling about a tavern bill in Covent Garden, he was killed in the mÊlÉe.

All manner of men took to the road. Some of the royal guards were apprehended for robbing on the highway. Lifeguardsmen followed the same gentlemanly occupation when off duty. Thompson, a lifeguardsman, committed on suspicion of robbing Welsh drovers, was refused bail, there being fresh evidence against him. Captain Beau, or Bew, formerly of the Guards, was seized at Knightsbridge as a highwayman, and afterwards poisoned himself. Seven of his gang were committed to Newgate. Harris, the lifeguardsman tried at the Old Bailey for robbing "on the black mare" and acquitted, was again tried a month later, and condemned. He was then reprieved, and Sir William Penn obtained the queen's pardon for him, with a commission as lieutenant in the Pennsylvania militia, to which colony he was to transport himself. Persons of good social status engaged in the perilous trade. One Smith, a parson and a lecturer at Chelsea, when brought up at Westminster for perjury, was found to be a confederate with two highwaymen, with whom they had shared a gold watch, and planned to rob Chelsea Church of its plate. Smith when arraigned appeared in court in his gown, but he was "sent to Newgate, and is like to be hanged." Disguised highwaymen were often detected in reputable citizens and quiet tradesmen, who upon the surface seemed honest folk. A mercer of Lombard Street was taken out of his bed and charged by a cheesemonger as being the man that robbed him two years previously. Another mercer was taken up near Ludgate on suspicion of being a highwayman, and committed. Saunders, a butcher of St. James's market, was charged with robbing the Hampton coach, and discovered three confederates, who were captured on Sunday at Westminster Abbey. "Of two highwaymen taken near Highgate, one was said to be a broken mercer, the other a fishmonger." Two of Whitney's gang were said to be the tradesmen in the Strand—one a goldsmith and one a milliner.

Nothing could exceed the cool impudence with which reputed robbers showed themselves in public places. They did not always escape capture, however. "A noted highwayman in a scarlet cloak," says Luttrell, "and coat laced with gold taken in Covent Garden." Another was taken in the Strand and sent to Newgate. Five more were captured at the Rummer, Charing Cross; three others, notorious highwaymen, taken at the "Cheshire Cheeze." At times they fought hard for liberty. "One Wake, a highwayman, pursued to Red Lion Fields, set his back against the wall and faced the constables and mob. He shot the former, and wounded others, but was at last taken and sent to Newgate." Whitney, the famous highwayman, was taken without Bishopsgate, being "discovered by one Hill, as he (Whitney) walked the street. Hill observed where the robber 'housed,' and calling for assistance, went to the door." Whitney defended himself for about an hour, but the people increasing, and the officers of Newgate being sent for, he surrendered himself, but not before he had stabbed Hill with a bayonet, "not mortal." He was handcuffed and shackled with irons, and committed to Newgate.

Whitney had done business on a large scale. He had been arrested before by a party of horse despatched by William III, which had come up with him lurking between St. Alban's and Barnet. He was attacked, but made a stout defence, killing some and wounding others before he was secured. He must have got free again very soon afterwards. His second arrest, which has just been detailed, was followed by that of many others of his gang. Three were seized near Chelsea College by some soldiers; two more were in company, but escaped. On Sunday two others were taken; one kept a livery stable at Moorfield's. Soon after his committal there was a strong rumour that he had escaped from Newgate, but he continued closely confined there, and had forty pounds weight of irons on his legs. He had his tailor make him a rich embroidered suit with peruke and hat, worth £100; but the keeper refused to let him wear them, because they would disguise him.

Whitney made many attempts to purchase pardon. He offered to discover his associates, and those that give notice when and where the money is conveyed on the roads in coaches and wagons. He was, however, put upon his trial, and eventually convicted and sentenced to death. He went in the cart to the place of execution, but was reprieved and brought back to Newgate with a rope round his neck, followed by a "vast" crowd. Next night he was carried to Whitehall and examined as to the persons who hired the highwaymen to rob the mails. But he was again ordered for execution, and once more sought to gain a reprieve by writing a letter in which he offered, if he might have his pardon, to betray a conspiracy to kill the king. His last appeal was refused, and he suffered at Porter's Block, near Cow Cross, Smithfield.

Determined efforts were made from time to time to put down these robberies, which were often so disgracefully prevalent that people hardly dared to travel along the roads. Parties of horse were quartered in most of the towns along the great highways. Handsome rewards were offered for the apprehension of offenders. A proclamation promised £10 for every highwayman taken, and this was ere long increased to £40, to be given to any one who might supply information leading to an arrest. Horses standing at livery in and about London, whose ownership was at all doubtful, were seized on suspicion, and often never claimed. It was customary to parade before Newgate persons in custody who were thought to be highwaymen. They were shown in their riding-dresses with their horses, and all gentlemen who had been robbed were invited to inspect this singular exhibition. But the robberies flourished in spite of all attempts at repression.

One or two types of the highwaymen of the seventeenth century may here be fitly introduced. One of the earliest and most celebrated was Jack Cottington, alias "Mulled Sack," who had been a depredator throughout the Commonwealth epoch, and who enjoyed the credit of having robbed Oliver Cromwell himself on Hounslow Heath. His confederate in this, Horne, once a captain in Downe's foot regiment, was overtaken, captured, and hanged, but Cottington escaped. Jack Cottington began as a chimney-sweep, first as an apprentice, then on his own account, when he gained his soubriquet from his powers of drinking mulled sack. From this he graduated, and soon gained a high reputation as a pickpocket, his chief hunting-ground being churches and Puritan meeting-houses, which he frequented demurely dressed in black with a black roquelaire. He succeeded in robbing Lady Fairfax of a gold watch set with diamonds, and a gold chain, as she was on her way to Doctor Jacomb's lecture at Ludgate; and a second time by removing the linchpin from her ladyship's carriage when on her way to the same church, he upset the coach, and giving her his arm, relieved her of another gold watch and seals. After this he became the captain of a gang of thieves and night prowlers, whom he organized and led to so much purpose that they alarmed the whole town. His impudence was so great that he was always ready to show off his skill as a thief in any public-house if he was paid for it, in a performance he styled "moving the bung." He was not content to operate in the city, but visited the Parliament House and Courts of Law at Westminster, and was actually caught in the act of picking the Protector's pocket. He narrowly escaped hanging for this, and on coming out of gaol took permanently to the highway, where he soon achieved a still greater notoriety. With half a dozen comrades he robbed a government wagon conveying money to the army, and dispersed the twenty troopers who escorted it, by attacking them as they were watering their horses. The wagon contained £4,000, intended to pay the troops quartered at Oxford and Gloucester. Another account states that near Wheatley, Cottington put a pistol to the carrier's head and bade him stand, at which both carter and guard rode off for their lives, fearing an ambuscade. The town of Reading he laid under frequent contribution, breaking into a jeweller's shop in that town and carrying off the contents, which he sported on his person in London. Again at Reading, hearing that the Receiver-General was about to send £6,000 to London in an ammunition wagon, he entered the receiver's house, bound the family, and decamped with the money. Being by this time so notorious a character, he was arrested on suspicion, and committed for trial at Abingdon Assizes. There, however, being flush of cash, he found means to corrupt the jury and secure acquittal, although Judge Jermyn exerted all his skill to hang him. His fame was now at its zenith. He became the burthen of street songs—a criminal hero who laughed the gallows to scorn. But about this time he was compelled to fly the country for the murder of Sir John Bridges, with whose wife he had had an intrigue. He made his way to Cologne, to the court of Charles II, whom he robbed of plate worth £1,500. Then he returned to England, after making overtures to Cromwell, to whom he offered certain secret papers if he might be allowed to go scot-free. But he was brought to the gallows, and fully deserved his fate.

Claude Duval is another hero whose name is familiar to all readers of criminal chronology. A certain halo of romance surrounds this notorious and most successful highwayman. Gallant and chivalrous in his bearing towards the fair sex, he would spare a victim's pocket for the pleasure of dancing a corranto with the gentleman's wife. The money he levied so recklessly he lavished as freely in intrigue. His success with the sex is said to have been extraordinary, both in London and in Paris. "Maids, widows, and wives," says a contemporary account, "the rich, the poor, the noble, the vulgar, all submitted to the powerful Duval." When justice at length overtook him, and he was cast for death, crowds of ladies visited him in the condemned hold; many more in masks were present at his execution. After hanging he lay in state in the Tangier Tavern at St. Giles, in a room draped with black and covered with escutcheons; eight wax tapers surrounded his bier, and "as many tall gentlemen in long cloaks." Duval was a Frenchman by birth—a native of Domfront in Normandy, once a village of evil reputation. Its curÉ was greatly surprised, it is said, at finding that he baptized as many as a hundred children and yet buried nobody. At first he congratulated himself in residing in an air producing such longevity; but on closer inquiry he found that all who were born at Domfront were hanged at Rouen.

Duval did not long honour his native country with his presence. On the restoration of Charles II he came to London as footman to a person of quality, but soon took to the road. Numerous stories are told of his boldness, his address, and fertility of resource. One of the most amusing is that in which he got an accomplice to dress up a mastiff in a cow's hide, put horns on his head, and let him down a chimney, into a room where a bridal merrymaking was in progress. Duval, who was one of the guests, dexterously profited by the general dismay to lighten the pockets of an old farmer whom he had seen secreting a hundred pounds. When the money was missed it was supposed that the devil had flown away with it. On another occasion, having revisited France, he ingratiated himself with a wealthy priest by pretending to possess the secret of the philosopher's stone. This he effected by stirring up a potful of molten inferior metal with a stick, within which were enclosed a number of sprigs of pure gold, as black lead is in a pencil. When the baser metals were consumed by the fire, the pure gold remained at the bottom of the pot. Overjoyed at Duval's skill as an alchemist, the priest made him his confidant and bosom friend, revealing to him his secret hoards, and where they were bestowed. One day, when the priest was asleep after dinner, Duval gagged and bound him, removed his keys, unlocked his strong boxes, and went off with all the valuables he could carry. Duval was also an adroit card-sharper, and won considerable sums at play by "slipping a card;" and he was most astute in laying and winning wagers on matters he had previously fully mastered. His career was abruptly terminated by his capture when drunk at a tavern in Chandos Street, and he was executed, after ten years of triumph, at the early age of twenty-seven.

William Nevison, a native-born member of the same fraternity, may be called, says Raine, "the Claude Duval of the north. The chroniclers of his deeds have told us of his daring and his charities, for he gave away to the poor much of the money he took from the rich." Nevison was born at Pontefract in 1639, and began as a boy by stealing his father's spoons. When chastised by the schoolmaster for this offence, he bolted with his master's horse, having first robbed his father's strong box. After spending some time in London thieving, he went to Flanders and served, not without distinction, in a regiment of English volunteers commanded by the Duke of York. He returned presently to England, and took to the road. Stories are told of him similar to those which made Duval famous. Nevison was on the king's side, and never robbed Royalists. He was especially hard on usurers. On one occasion he eased a Jew of his ready money, then made him sign a note of hand for five hundred pounds, which by hard riding he cashed before the usurer could stop payment. Again, he robbed a bailiff who had just distrained a poor farmer for rent. The proceeds of the sale, which the bailiff thus lost, Nevison restored to the farmer. In the midst of his career, having made one grand coup, he retired from business and spent eight years virtuously with his father. At the old man's death he resumed his evil courses, and was presently arrested and thrown into Leicester Gaol. From this he escaped by a clever stratagem. A friendly doctor having declared he had the plague, gave him a sleeping draught, and saw him consigned to a coffin as dead. His friend demanded the body, and Nevison passed the gates in the coffin. Once outside, he was speedily restored to life, and now extended his operations to the capital. It was soon after this that he gained the soubriquet, "Swift Nick," given by Charles II, it is said. There seems to be very little doubt that Nevison was actually the hero of the great ride to York, commonly credited to Turpin. The story goes that he robbed a gentleman at Gadshill, then riding to Gravesend, crossed the Thames, and galloped across Essex to Chelmsford. After baiting he rode on to Cambridge and Godmanchester, thence to Huntingdon, where he baited his mare and slept for an hour; after that, holding to the north road, and not galloping his horse all the way, reached York the same afternoon. Having changed his clothes, he went to the bowling-green, where he made himself noticeable to the lord mayor. By and by, when recognized and charged with the robbery at Gadshill, Nevison called upon the mayor to prove that he had seen him at York; whereupon he was acquitted, "on the bare supposition that it was impossible for a man to be at two places so remote on one and the same day."

Nevison appears to have been arrested and in custody in 1676. He was tried for his life, but reprieved and drafted into a regiment at Tangier. He soon deserted, and returning to England, again took to the road. He was next captured at Wakefield, tried, and sentenced to death; but escaped from prison, to be finally taken up for a trifling robbery, for which he suffered at York. The depositions preserved by the Surtees' Society show that he was the life and centre of a gang of highway robbers who worked in association. They levied blackmail upon the whole countryside; attended fairs, race meetings, and public gatherings, and had spies and accomplices, innkeepers and ostlers, who kept them informed of the movements of travellers, and put them in the way of likely jobs to be done. Drovers and farmers who paid a tax to them escaped spoliation; but all others were very roughly handled. The gang had its headquarters at the Talbot Inn, Newark, where they kept a room by the year, and met at regular intervals to divide the proceeds of their robberies.

Many instances are recorded of another crime somewhat akin to highway robbery. The forcible abduction of heiresses was nothing new; but it was now prosecuted with more impudence and daring than heretofore. Luttrell tells us, under date 1st June, 1683, that one Mrs. Synderfin, a rich widow, was taken out of her carriage on Hounslow Heath, by a Captain Clifford and his comrades. They carried her into France to "Calice" against her will, and with much barbarous ill-usage made her marry Clifford. Mrs. Synderfin or Clifford was, however, rescued, and brought back to England. Clifford escaped, but presently returning to London, was seized and committed to custody. He pleaded in defence his great passion for the lady, and his seeing no other way to win her. It was not mere fortune-hunting, he declared, as he possessed a better estate than hers. But the Lord Chief Justice charged the jury that they must find the prisoners guilty, which they did, and all were sentenced to imprisonment in Newgate for one year. Captain Clifford was also to pay a fine of £1,000, two of his confederates £500 each, and two more £100. In the same authority is an account how—"Yesterday a gentleman was committed to Newgate for stealing a young lady worth £10,000, by the help of bailiffs, who arrested her and her maid in a false action, and had got them into a coach, but they were rescued." Again, a year or two later, "one Swanson, a Dane, who pretends to be a Deal merchant, is committed to Newgate for stealing one Miss Rawlins, a young lady of Leicestershire, with a fortune of £4,000. Three bailiffs and a woman, Swanson's pretended sister, who assisted, are also committed, they having forced her to marry him. Swanson and Mrs. Bainton were convicted of this felony at the King's Bench Bar; but the bailiffs who arrested her on a sham action were acquitted, with which the court was not well pleased. Swanson was sentenced to death, and executed. As also the woman; but she being found with child, her execution was respited."

A more flagrant case was the abduction of Miss Mary Wharton in 1690, the daughter and heiress of Sir George Wharton, by Captain James Campbell, brother to the Earl of Argyll, assisted by Sir John Johnson. Miss Wharton, who was only thirteen years of age, had a fortune of £50,000. She was carried away from her relations in Great Queen Street, on the 14th November, 1690, and married against her will. A royal proclamation was forthwith issued for the apprehension of Captain Campbell and his abettors. Sir John Johnson was taken, committed to Newgate, and presently tried and cast for death. "Great application was made to the king and to the relations of the bride to save his life," but to no purpose, "which was thought the harder, as it appeared upon his trial that Miss Wharton had given evident proof that the violence Captain Campbell used was not so much against her will as her lawyers endeavoured to make it." Luttrell says, "Sir John refused pardon unless requested by the friends of Mrs. Wharton. On the 23d December, he went in a mourning coach to Tyburn, and there was hanged." No mention is made of the arrest of Captain Campbell, whom we may conclude got off the continent. But he benefited little by his violence, for a bill was brought into the House of Commons within three weeks of the abduction to render the marriage void, and this, although the Earl of Argyll on behalf of his brother petitioned against it, speedily passed both Houses.

The affair of Count Konigsmark may be classed with the foregoing, as another notorious instance of an attempt to bring about marriage with an heiress by violent means. The lady in this case was the last of the Percies, the only child and heiress to the vast fortune of Jocelyn, the Earl of Northumberland. Married when still of tender years to the Earl of Ogle, eldest son of the Duke of Newcastle, she was a virgin widow at fifteen, and again married against her consent, it was said, to Thomas Thynne, Esq., of Longleat;[112:1] "Tom of Ten Thousand," as he was called on account of his income. This second marriage was not consummated; Lady Ogle either repented herself of the match and fled into Holland, or her relatives wished to postpone her entry into the matrimonial state, and she was sent to live abroad.

Previous to her second marriage, a young Swedish nobleman, Count Konigsmark, when on a visit to England, had paid his addresses to her, but he had failed in his suit. After his rejection he had conceived a violent hatred against Mr. Thynne.

The count was "a fine person of a man, with the longest hair I ever saw, and very quick of parts. He was also possessed of great wealth and influence;" "one of the greatest men," Sir John Reresby tells us, "in the kingdom of Sweden; his uncle being at that time governor of Pomerania, and near upon marrying the King of Sweden's aunt." Konigsmark could command the devoted service of reckless men, and among his followers he counted one Captain Vratz, to whom he seems to have entrusted the task of dealing with Mr. Thynne. Vratz, although a brave soldier, who had won his promotion at the siege of Mons, under the Prince of Orange, and to whom the King of Sweden had given a troop of horse, was willing to act as an assassin. The count came to London, living secretly in various lodgings, as he declared to hide a distemper from which he suffered, but no doubt to direct privately the operations of his bravoes. Vratz associated with himself one Stern, a Swedish lieutenant, and Boroski, "a Polander," who had arrived in England destitute, and whom, it was subsequently proved, the count had furnished with clothes and arms. The murderers, having set a watch for their victim, attacked him at the corner of Pall Mall, about the spot where Her Majesty's Theatre now stands, as he was riding on Sunday night, the 21st February, 1681, in his carriage from the Countess of Northumberland's house. One of them cried to the coachman, "Stop, you dog!" and a second, Boroski, immediately fired a blunderbuss charged with bullets into the carriage. Four bullets entered Mr. Thynne's body, each of which inflicted a mortal wound. The murderers then made off.

The unfortunate gentleman was carried dying to his own house, where he was presently joined by the Duke of Monmouth, his intimate friend, Lord Mordaunt, and Sir John Reresby, specially sent by King Charles, who feared that some political construction would be put upon the transaction and was anxious that the perpetrators of the crime should be apprehended. Reresby, who was an active magistrate, granted warrants at once against several suspected persons, and he himself, accompanied by the Duke of Monmouth and others, made a close search, which ended in the arrest of Vratz in the house of a Swedish doctor, in Leicester Fields. His accomplices were also soon taken, and all three were examined by the king in Council, when they confessed that they had done the deed at the instigation of Count Konigsmark, "who was lately in England."

At the same time a Monsieur Foubert, who kept an Academy in London which a younger brother of Count Konigsmark attended, was arrested as being privy to the murder, and admitted that the elder brother had arrived incognito ten days before the said murder, and lay disguised till it was committed, which gave great cause to suspect that the count was at the bottom of the whole bloody affair. The king despatched Sir John Reresby to seize Konigsmark, but the bird had flown; he went away early, on the morning of the day after the deed was perpetrated. He went down the river to Deptford, then to Greenwich, and the day after to Gravesend, where he was taken by two king's messengers, accompanied by "Mr. Gibbons, servant to the Duke of Monmouth, and Mr. Kidd, gentleman to Mr. Thynne." He was dressed "in a very mean habit, under which he carried a naked sword." When seized he gave a sudden start, so that his wig fell off, and the fact that he wore a wig, instead of his own hair as usual, was remembered against him at his trial, as an attempt at disguise. The count was carried to an inn in Gravesend, where he expressed very great concern when he heard that his men had confessed; declaring that it (the murder) was a stain upon his blood, "although one good action in the wars, or lodging on a counterscrap, would wash all that away." His captors received the £200 reward, promised in the Gazette, and in addition the £500 offered by Sir Thomas Thynne, Mr. Thynne's heir.

They carried him at once to London, before the king in Council, where he was examined, but the Council being unwilling to meddle on account of his quality, as connected with the kingdom of Sweden, he was then taken before Chief Justice Pemberton, who could, if he thought fit, send him to gaol. He was examined again till eleven at night, and at last, "much against the count's desire," was committed to Newgate. He stood upon his innocency, and confessed nothing, yet "people are well satisfied that he is taken." While in Newgate, Count Konigsmark was lodged in the governor's house, and was daily visited by persons of quality. Great efforts were now made to obtain his release. The M. Foubert, already mentioned, came to Sir John Reresby, and offered him any money to withdraw from the prosecution, but the overtures were stoutly rejected, and his emissary was warned to be cautious "how he made any offers to pervert justice." A more effectual attempt at bribery was probably made on the jury, of whom the prisoner challenged eighteen. He had their names on a list, and knew beforehand whom he could or could not trust. The judge, Lord Chief Justice Pemberton, was also clearly in his favour. The defence set up was that Vratz had taken upon himself to avenge an affront offered by Mr. Thynne to his master, and Count Konigsmark denied all knowledge of his follower's action. The count tried to explain the privacy in which he lived, and his sudden flight. But the counsel for the prosecution laid great stress on the intimacy between him and the murderers; the absence of any object on the part of the latter, unless instigated by the former. The Chief Justice, however, summed up for the count, assuring the jury that a master could not be held responsible for the acts of his servants, if ignorant of them, and that if they thought the count knew nothing of the murder till after it was done, they must acquit him, which they did, "to the no small wonder of the auditory," as Luttrell says, "as more than probable good store of guineas went amongst them." Konigsmark was set at liberty at the end of the trial, but before his discharge he was bound in heavy securities, in £2,000 himself, and £2,000 from two friends, to appear at the King's Bench Bar the first day of the following term. "Yet notwithstanding, the count is gone into France, and it is much doubted whether he will return to save his bail."

After his departure he was challenged by Lord Cavendish and Lord Mordaunt, but no duel came off, Konigsmark declaring that he never received the cartel till too late. His agents or accomplices, or whatever they may be called, were convicted and executed.

Count Konigsmark did not long survive Mr. Thynne, nor did he succeed in winning Lady Ogle's hand. That doubly widowed yet virgin wife presently married the Duke of Somerset, by whom she had two sons. As for Konigsmark, according to the "Amsterdam Historical Dictionary," quoted in Chambers's "Book of Days," he resumed the career of arms, and was wounded at Cambray in 1683. He afterwards went to Spain with his regiment, and distinguished himself on several occasions; after that he accompanied an uncle Otto William to the Morea, where he was present at the battle of Argas. In this action he so overheated himself that he was seized with pleurisy, and died at the early age of twenty-seven, within little more than four years of the murder of Mr. Thynne. It was another Count Konigsmark, near relative of this one, Count Philip, whose guilty intrigue with Sophia Dorothea, wife of George I, when Elector of Hanover, led to his assassination in the electoral palace.

In the foregoing the softer sex were either victims or the innocent incentives to crime. In the case of that clever and unscrupulous impostor Mary Moders, otherwise Carelton, commonly called the German Princess, it was exactly the opposite. The daughter of a chorister in Canterbury Cathedral, she first married a shoemaker; then, dissatisfied with her lot, ran off to Dover and committed bigamy with a doctor. She was apprehended for this, tried, and acquitted for want of evidence. She next passed over to Holland, and went the round of the German spas, at one of which she encountered a foolish old gentleman of large estate, who fell in love with her and offered marriage. She accepted his proposals and presents; but having cajoled him into entrusting her with a large sum to make preparations for the wedding, she absconded to Amsterdam and Rotterdam, where she took ship and came over to London. Alighting at the Exchange Tavern, kept by a Mr. King, she assumed the state and title of a princess, giving herself out as the ill-used child of Count Henry Van Wolway, a sovereign prince of the empire. John Carelton, a brother-in-law of her landlord, at once, "in the most dutiful and submissive manner," paid his addresses to her, and she at last condescended to marry him. Carelton was presently undeceived by an anonymous letter, which proved his wife to be a cheat and impostor.

The princess was arrested, committed to Newgate, and tried for polygamy at the Old Bailey, but was again acquitted. On her release, deserted by Carelton, she took to the stage, and gained some reputation, in a piece especially written for her entitled the "German Princess." Her fame spread through the town, and she was courted by numberless admirers, two of whom she played off against each other; and having fleeced both of several hundred pounds, flouted them for presuming to make love to a princess. Another victim to her wiles was an elderly man, worth about £400 per annum, who loaded her with gifts; he was continually gratifying her with one costly present or another, which she took care to receive with an appearance of being ashamed he should heap so many obligations on her, telling him she was not worthy of so many favours. One night when her lover came home in liquor, she got him to bed, and when he was asleep rifled his pockets, securing his keys and a bill on a goldsmith for a hundred pounds. Opening all his escritoires and drawers, she stole everything, gold pieces, watches, seals, and several pieces of plate, and then made off. After this she led a life of vagabondage, moving her lodgings constantly, and laying her hands on all she could steal. She was adroit in deceiving tradesmen, and swindled first one and then another out of goods. At last she was arrested for stealing a silver tankard in Covent Garden, and committed again to Newgate. This time she was found guilty and cast for death, but the sentence was commuted to transportation. She was sent in due course to Jamaica, but within a couple of years escaped from the plantations, and reappeared in England. By some means she managed to pass off as a rich heiress, and inveigled a rich apothecary into marriage, but presently robbed him of above £300 and left him. Her next trick was to take a lodging in the same house with a watchmaker. One night she invited the landlady and the watchmaker to go to the play, leaving her maid, who was a confederate, alone in the house. The maid lost no time in breaking open the watchmaker's coffers, and stole therefrom thirty watches, with about two hundred pounds in cash, which she carried off to a secure place in another part of the town. Meanwhile the "princess" had invited her dupes to supper at the Green Dragon Tavern in Fleet Street, where she managed to give them the slip and joined her maid. This was one of the last of her robberies. Soon afterwards fate overtook her quite by accident. The keeper of the Marshalsea, in search of some stolen property, came to the house where she lodged, in New Spring Gardens, and saw her "walking in the two-pair-of-stairs room in a nightgown." He went in, and continuing his search, came upon three letters, which he proceeded to examine. "Madam seemed offended with him, and their dispute caused him to look at her so steadfastly that he knew her, called her by her name, and carried away both her and her letters." She was committed and kept a prisoner till 16th January, 1673, when she was arraigned at the Old Bailey, as the woman Mary Carelton, for returning from transportation. On the last day of the Sessions she received sentence of death, "which she heard with a great deal of intrepidity."

She appeared more gay and brisk than ever on the day of her execution. When the irons were removed from her on her starting for Tyburn, she pinned the picture of her husband Carelton to her sleeve, and carried it with her to the gallows. She discovered herself to a gentleman in the crowd as a Roman Catholic, and having conversed with him for some time in French, on parting said, "Mon ami, le bon Dieu vous benisse." At the gallows she harangued the crowd at some length, and died as she had lived, a reckless although undoubtedly a gifted and intelligent woman.

Prominent among the criminal names of this epoch is that of the informer, Titus Oates, no less on account of the infamy of his conduct than from the severe retribution which overtook him in the reign of James II. The arraignment of Green, Berry, and Laurence Hill for the trial of Sir Edmundbury Godfrey, who were brought for the purpose "from Newgate to the King's Bench Bar," is a well-known judicial episode of the year 1678. Oates was the principal witness against them; but he was followed by Praunce, an approver, and others. After much evidence for and against, and much equivocation, the Lord Chief Justice Scroggs summed up the evidence strongly for conviction. When the jury soon returned a verdict of guilty, the Lord Chief Justice commended them, and said if it were the last word he had to speak he would have pronounced them guilty. Sentence was then given, and within a fortnight they were executed. These victims of the so-called Popish Plot were, however, amply and ruthlessly avenged. Macaulay tells the story. Oates had been arrested before Charles II's death for defamatory words, and cast in damages of £100,000. He was then, after the accession of James II, tried on two indictments of perjury, and it was proved beyond doubt that he had by false testimony deliberately murdered several guiltless persons. "His offence, though in a moral light murder of the most aggravated kind, was in the eye of the law merely a misdemeanour." But the tribunal which convicted made its punishment proportionate to the real offence. Brutal Judge Jeffries was its mouthpiece, and he sentenced him to be unfrocked and pilloried in Palace Yard, to be led round Westminster Hall, with an inscription over his head declaring his infamy; to be pilloried in front of the Royal Exchange, to be whipped from Aldgate to Newgate, and after an interval of two days to be whipped from Newgate to Tyburn. He was to be imprisoned for life, and every year to be brought from his dungeon and exposed in different parts of the capital. When on the pillory he was mercilessly pelted, and nearly torn to pieces. His first flogging was executed rigorously in the presence of a vast crowd, and Oates, a man of strong frame, long stood the lash without a murmur. "But at last his stubborn fortitude gave way. His bellowings were frightful to hear. He swooned several times; but the scourge still continued to descend. When he was unbound it seemed he had borne as much as the human frame could bear without dissolution.... After an interval of forty-eight hours Oates was again brought out from his dungeon. He seemed unable to stand, and it was necessary to drag him to Tyburn on a sledge." He was again flogged, although insensible, and a person present counted the stripes as seventeen hundred. "The doors of the prison closed upon him. During many months he remained ironed in the darkest hole in Newgate." A contemporary account written by one of his own side declares he received "upwards of two thousand lashes—such a thing was never inflicted by any Jew, Turk, or heathen but Jeffries.... Had they hanged him they had been more merciful; had they flayed him alive it is a question whether it would have been so much torture."[124:1]

Dangerfield, another informer of the Oates type, but of lesser guilt, was also convicted and sentenced to be similarly flogged from Aldgate to Newgate, and from Newgate to Tyburn. "When he heard his doom he went into agonies of despair, gave himself up for dead, and chose a text for his funeral. His forebodings were just. He was not indeed scourged quite so severely as Oates had been; but he had not Oates's iron strength of body and mind." On his way back to prison he was assaulted by Mr. Francis, a Tory gentleman of Gray's Inn, who struck him across the face with a cane and injured his eye. "Dangerfield was carried dying into Newgate. This dastardly outrage roused the indignation of the bystanders. They seized Francis, and were with difficulty restrained from tearing him to pieces. The appearance of Dangerfield's body, which had been frightfully lacerated by the whip, inclined many to believe that his death was chiefly if not wholly caused by the stripes which he had received." The Government laid all the blame on Francis, who was tried and executed for murder.

Religion and politics still continued to supply their quota of inmates. The law was still cruelly harsh to Roman Catholics, Quakers, and all Non-conformists.

The Fifth Monarchy men in 1661, when discomfited and captured, were lodged in Newgate, to the number of twenty or more. Venner, the ringleader, was amongst them. The State Trials give the trial of one John James, who was arraigned at the King's Bench for high treason. He was found guilty of compassing the death of the king, and suffered the cruel sentence then in force for the crime. James has left some details of the usage he received in Newgate, especially in the matter of extortion. Fees to a large amount were exacted of him, although a poor and needy wretch, "originally a small coal-man." In the press-yard he paid 16s. to the keeper Hicks for the use of his chamber, although he only remained there three or four days. The hangman also came to demand money, that "he might be favourable to him at his death," demanding twenty pounds, then falling to ten, at last threatening, unless he got five, "to torture him exceedingly. To which James said he must leave himself to his mercy, for he had nothing to give him." Yet at the execution, the report says the sheriff and the hangman were so civil to him as to suffer him to be dead before he was cut down. After that he was dismembered; some of the parts were burnt, but the head and quarters brought back to Newgate in a basket, and exposed upon the gates of the city. Venner and several others suffered in the same way.

Many Quakers were kept in Newgate, imprisoned during the king's pleasure for refusing to take the oaths of allegiance and supremacy. Thus John Crook, Isaac Grey, and John Bolton were so confined, and incurred a prÆmunire or forfeiture of their estates. But the most notable of the Quakers were Penn and Mead. In its way this is a most remarkable trial, on account of the overbearing conduct of the Bench towards the prisoners. In 1670 these two, the first described as gentleman, the second as linen-draper, were indicted at the Old Bailey for having caused a tumultuous assembly in Gracechurch Street. The people collected, it was charged, to hear Penn preach. The demeanour of the prisoners in the court was so bold, that it drew down on them the anger of the recorder, who called Penn troublesome, saucy, and so forth. The jury were clearly in their favour, and brought in a verdict of not guilty, but the court tried to menace them. The lord mayor, Sir Samuel Stirling, was especially furious with Penn, crying, "Stop his mouth; gaoler, bring fetters and stake him to the ground." At last the jury, having refused to reconsider their verdict, were locked up; while Penn and Mead were remanded to Newgate. Next day the jury came up, and adhered to their verdict. Whereupon the recorder fined them forty marks apiece for not following his "good and wholesome advice," adding, "God keep my life out of your hands."[127:1] The prisoners demanded their liberty, "being freed by the jury," but were detained for their fines imposed by the judge for alleged contempt of court. Penn protested violently, but the recorder cried, "Take him away!" and the prisoners were once more haled to Newgate. Edward Bushell, one of the above-mentioned jurors, who was committed to Newgate in default of payment of fine, subsequently sued out a Habeas Corpus, and was brought before Lord Chief Justice Vaughan, who decided in his favour, whereon he and the other jurymen were discharged from gaol.

There were Roman Catholics too in Newgate, convicted of participation in the Popish Plot. Samuel Smith, the ordinary, publishes in 1679 an account of the behaviour of fourteen of them, "late Popish malefactors, whilst in Newgate." Among them were Whitehead, provincial, and Fenwick, procurator, of the Jesuits in England, and William Harcourt, pretended rector of London. The account contains a description of Mr. Smith's efforts at conversion and ghostly comfort, which were better meant than successful.

After the revolution of 1688 there was an active search after Romish priests, and many were arrested; among them two bishops, Ellis and Leyburn, were sent to Newgate. They were visited in gaol by Bishop Burnet, who found them in a wretched plight, and humanely ordered their situation to be improved. Other inmates of Newgate at this troublous period were the ex-Lord Chief Justice Wright and several judges. It was Wright who had tried the seven bishops. Jeffries had had him made a judge, although the lord keeper styled him the most unfit person in the kingdom for that office. Macaulay says very few lawyers of the time surpassed him in turpitude and effrontery. He died miserably in Newgate about 1690, where he remained under a charge of attempting to subvert the Government.

FOOTNOTES:

[92:1] Who were responsible for the keeper and the prison generally.