PETER LINEBAUGH THE LONDON HANGED CRIME AND CIVIL SOCIETY IN THE EIGHTEENTH CENTURY | SECOND EDITION, Favot no eesti bay Grohe loge iepRe =Hardback eon Ss abled by Veso 2903 “Tis ion ie bled by Veo 2006 (© Peter Linch 203, 2006 Nights sexed “The mor igh of the author have been assented ras79ing642 Vero UK: 6 Meued Set, London WIF OEG USA: 180 Var Set, New Yor, NY 100144606 Crmevencikscoin ‘eto the mpi of New Left Books ISBN 145986 576-2 (pbk) ISBN 1-85988.658.6 ih Libary Cataloging ia Poesia Date ‘Acamlgue reed forth bok salable fom the Bosh Leary _Likasy of Congest Cataloging in Pabeon Dats Acatnog record for thi ook avalible om the Lary of Congest Pind inthe United Kingdom by Bookmanyoe Thimy mathe, An S. Lieb, and 1 the monory of my her, J. David Linebaugha PREFAce To THE SECOND EDITION ‘during the Blitz, listened with me to the BBC as Julius and Ethel Rosenberg suffered electrocution in June 1953. Her comment is ‘engeaved on the poral of my understanding: “Tis agains that, that ‘we fought” So I dedicate this edition to her memory. INTRODUCTION In criminology as in economics there is scarcely « more powerful ‘word than ‘capita’. Inthe former discipline it denotes death in the Inter it has designated the ‘substance’ or che ‘tock’ of life: appar ently opposite meanings, Just why the same word, ‘capital’ has ome to mean both crimes punishable by death and the accumula- ‘ion of wealth founded on the produce of previous (or dea) labour ‘ight be lft to eqymologists were not the sociation so sriking,s0 contradictory and 30 exact in expresing the theme of this book. For this book explores the relationship between the organized death of living labour (capital punishment) and the oppression of the living by dead Inbour(¢he punishment of capita), "The intensification of capital punishment has become « world- wide trend since the mid 19705 precisely when capital reacting t0 the prior period of colonial emancipation, unprecedented wage demands and cultural revolutions, gained a new lease on life Considering five of the countries that have ublized it mort fe- ‘quently or broadened is application, we find that South AMtica has fexecnted more than a hundred a year since 1980; hat Ian since 1979 hs tripled the annual number of executions, now measured in the thousands; that Nigeria between 1974 nd 197 extended the death penalty to include crimes against money; that large numbers have been executed in China since 1980; and that in the United States, following an unofficial ten-year moratorium, the execution of the death petalty was resumed in 1977. All told, according to Amnesty International, there have been about a thousand executions a year since 198s, a figure that excludes unoficial deaths that governments have nevertheless acquiesced in ~ the ‘disappeared, the assasina- tions, the victims of death squads. Thus, the tendency to capital punishment has been clear, alarming and specific to a hisorical period that has been reactionary in every sense. “tn oppo tthe wold tend the movement gine cpa punishes has re Eighty counts fave able bya in pace In Fobrany 17In contrast to cighteenth-century London when news of hang ings, the la words of the condemned, their biographies and descriptions of their behaviour were widely published, remarkably Iiele is known about the recent victims of capital punishment, of about the atitudes oftheir peers. This is unasual considering that nineteen countries permit pubic executions. The international pres ‘strangely sen, and the national presi terse, One reson for uch silence suggested by 2 Pakistani journals who, following a public ‘execution in 1988 before 10,000 people, observed ‘Such punish- ‘ments will project the image of the sate as a perpetrator of ‘iolence:? Ocedsonally, sich violence has met a violent respons, despite unequal forces. The prisoners of the Virginia State Penitentiary rtoted unruccesfally in April 1985 to prevent the exe- cution of James Briley? Very few condemned have had their ast ‘word recorded, In China, itis sid a choke cord around the neck ofthe condemned prevents che uttering of sounds during the ‘public humiliation’ ceremonies that precede execution. An exception to this slence was provided by Dr Nawal el Saadavi, who recorded the swords of Finda, executed in Egypt in 1974. Firdaus had declined to plead fora pardon when asked to do so by the warden. ‘Everybody has to die) she explained. ‘I prefer to die fora crime I have com- sated rather than ¢© dic for one of the crimes which you have ‘committed’ Thus di she express a contradiction inherent in capi fal punishment and which poses a problem that must be faced by all, ‘who contemplate it Fre alike of hope and fer, Firdats approached her fate with concentrated fortcude. “This journey to 2 place ‘unknown to everybody on this cath fill me with pride” ‘Whilerl have not atempted to elucidate the moral or political contradiction 35 stated by Firdaus, I have sought co consider such {he USSR at prof lamar nounced i tenon wo otic the deh peal, Inds pi ice sb the sblono cpl prshment began. The Cera ‘Beansotc Rept tehed the Sh penly 081 aly. fm December ‘oi Pre Miner Bence Bhat who etd er ged in AL 19. ‘ened over 300 denn eee Pais In Moreh 98 Colonel Cada ‘tie od forte sbaston fhe death erly and Jane he inervered ‘Sst al exiting death sence Se, The Dah Peay Ammo Inernstnl ‘Ru (7s). hoe Se Kis The Det ely Haman Rg ee (Alene enratonal 199), Dae ec 9 >The Btn Cie, 59 Ape 198 “Nowe Sian Hina ot Pat Zo, ens. De Shtif Hea (London, 98). rormd problems within the socal and economic context of eighteenth- Eentury London. This book has its origins in 1965, when Malcolm X war ssassinated and when T fest read Edward Thompson's The| Making of the English Wirking Clas. Referring to the eighteenth ‘century, he had writen, ‘One may even sce these years as ons in ‘which the class war is fought out in terms of Tyburn, the hus and the Bridewells on the one hand: and crime, riot, and mob action on the other! When he wrote of the eighteenth-ceneury inarticulate thae i tempting to follow them int che archives of rime’ it was 4 temptation that I, as a young scholar, accepted Having met Edward Thompson at a Columbia University Students for a ‘Democratic Society meeting, I shook the dust fin my fee, matric ‘lated atthe Cente forthe Study of Scial History ac the University ‘of Warwick, and lived in London to study crime, The present book ds the fruit ofthat research A rs I delved into the judicial records of London, Westminster and Middlesex, taking satstical soundings of indictments, but even- tually, encouraged by my colleagues at the Centre, [became more inerested in dhe thousands of men and women who died upon the ‘Tyburn gallows at che then weiteramost extremity of London, ‘There were two reasons for this. Fis, in contrast to other judicial records, the documentation about the hanged people was unusually ‘ich and had never been systematically soudied, Second, the hanging ‘was the terrible pinnacle in the landscape of swab punishments, Teonciuded that the Tyburn hangings were the cereal even in the urban contention between the clases, and indeed were meant to be ‘Before I could publish the evidence and reasons for this concli- sion ewo other matters connected with the hangings had to be tstablished. Fist, needed to dispel the lary characterization thatthe public Tyburn hanging was merely a raucous spectacle. I would like to say chat my contribution to Albion! Futal Te, “The Tyburn Riot AAgains the Surgeons’, accomplished this by describing the earnest ‘bate of loved ones against the surgeons for posesion of the con ‘demned corpse, and that it showed the scorn evinced in word and deed by the Tyburn crowd agains aw and authorty.* But thie view hha recently been challenged. Profesor Thomas Lacqueur believes The Mating of the El king Cli (New Yor, 196 035 a 60. ‘Doug tty Peter Unchanged Toman (Abn! Fad ec Chine an ay ihc Cone Ean (1975 P87.thatthe crowd at London hanging was ‘lated’, tha it enjoyed che “exquisite pleaare of venting power onthe powell’ and viewed the hanging as light entersinment’ whose carnival aemosphere ‘inscribed a deeper community’. Despite these assumptions, he has produced neither argument nor evidence cht requies significant Fevision of the evidence in Albion's Fatal Tee” "That book, and its companion, Whigs and Hunter by Edward “Thompson, since they were pablished in 197s, seem to have scim~ lated the growth of an academic sub-feld and certainly provoked critical contributions by other scholars However, what the subso- {quent discussion gained in methodological sophistication and breadth of contributions, it lost in conceptual timidity and che narrow rejection of historical imagination, asthe history of crime ‘vas inctessingly eransformed into the history of administation oF “the machinery of justice’. A recent survey ofthe workhouse fiom the sxtenth fo the nineteenth century, for instance, does not even ‘mention the factory of the enclosure movement” conservative ‘orientation toward he subject that regarded it sa police problem, that considered methods of preventing crimes rather than che ir ‘cumstances giving rise to them, cha accepted the iner inexorably ‘of the legal juggernaut as it ground is victims into finer particles, that faciated itl with state power, and that doubted the existence of clawes and even of the Industrial Revolution iselThad the effect ‘of denaturing men and women who fll foul of law and of dsplac- ing the historiographie discussion we had tentatively opened. ‘Momar W.Lagaer, Cian, Carnal and the Sate i Eogish Exccton, toes in AL Bee, Divi Canmdin mes Me Rove (i), Tic ‘er Sty ayn Eyl ry oof Larne Soe (mois 198), poss Fe bear, JS. Cockburn (Chine in Engl, 50-18 incon, 137) on Boor an John See (ed), An Ugoemale ope he Eg ond 180 Lh Sth nd Ege Cente (80 JA Sharpe. Cie [En Ati Egon, o-730 (D4; a0} M. Beato, Crime nd he Cot Blond soe Prinestoo, 1980) ‘ota Tne "Prison forthe Por: Engh Dridewels, 1551800 in Francis Sry nd Dour Hay), Lato, Ln ahd Co An Hol Pepa {Wo Joan nes an J Sipe The Cre We: Recent Wein of Chime ind Cin Joe in Eabteea Cenrry Engen Jura of Bh ‘Sn, (Octet 1980, JohaLangben, "Alon Fal Fn Pt nd Prt Shon 6 lon, ldton Came an the Hatori} 5 Cockburn (el, Crn in En, s~son 17), Peter Linch “Marx Soca Fiery a (Conroy A Rep eo Profesor Lang The Nov int Una aw Reins wl Lee 2 Oy 185) IsrnopucrioN xt ‘One might argue, indeed, that Albion Fatal Tice and Whigs and ‘Huot, fat fom snitiating historical research, were rather the cul- tnunation of 2 historiography that had considered crime within a broader fiamework of social history. We built upon eater suds by EJ, Hobsbawm and George Rude, who, in introducing the fertile notions of ‘social banditry” and the ‘cow’, helped to open agratian _ crime and urban disorder, respectively, to new sources and analysis. In addition, we reached deeper to the studies of the Industrial Revolution found in Paul Mantoux and M, Dorothy George, who described the corruption and crucey of those punishing crimes, a swell a the social and economic circumstances that povided histor- ical specificity to particular crimes." As expressed in 1975 our ‘esearch prevented us ftom making that tidy distinction between ‘Socal crime’ and ‘crime without qualification’, where the former receives popular support and the later is merely deplored. Ou this insu, indeed, our sguiicant dilferences remained unexplored, se the academic field, now les about life and criminals than law and police, prospered. ‘Second, in arguing that Tyburn was atthe centre of urban class contention, I needed to show tha the literature describing the hang- lings was a credible source of historical information, fort had either been ignored or dismissed as ephemeral; and in fact it lay scattered. and uncatalogued in libraties hroughout che English-speaking ‘world. So ewo years later I published 2 second esssy about Tyburn that provided 2 critical guide to an eighteenth-century periodical called The Ordinary of Newgate, His Account of the Behaviour, Confession, and Dying Worl of the Malefasors who were Exected at ‘Tyburs+* “These biographies of the condemned men and women provide a unique and inestimable source of knowledge of the poor people who were hanged, Nothing like them has been published before or since. I was able to demonstrate thatthe biographies sup- plied information that could be corroborated from other, more familiar historical sources, such as parish and apprenticeship records, and that the historian may therefore be justified in eelying upon the George Rud, Wiles eu Lib: A Said Shy of 16 4 (ota: Ey Holwell (139; Pal Maton, The Ina Rotor in he hah Cin (My Ge nln Le teh Coy the Onda of Newgate and His Asn in JS. Cockburn), Crime ind soibo[Prnct, 1977 34x Iwrnopuction shor biographies printed inthe Adount records ofthe ruth, But ‘what the th that they el? ‘Most important, it wes dramatic truth, Drama depends upon conflict, and in this needs tbe contated with the spectacle, ‘whose appeals o every sense but the understanding Bt as drama, ‘ach hanging was dierent. The hanging of malcfctor war a cate= filly managed afi, as Profesor Douglas Hay has shown. ? The ‘time was well known; che culprit wa selected at an “Example each of the condemned would be known to diferent tors of ondonces according to his or her trade, neighbourhood, ge and pat The agony ofthe hanging srred various emosions rage, le, pity, ftv and fear ~ with thei ow potenaites of aeGon, and these emotions were aroused by difleret means according tthe inaefictor andthe crime “The hangings were permitted and ordered by men of 3 ruling smc pcan out maou homan History and had power to apply tat knowledge. The hanging was one ofthe few ovens (coronation: were snothct) tha united the several pars of government (monarch, cours, Paramen, City and Ghar). Equally importa to the ‘ofthese wil dramas wea the reneval ofthe social contrat. Most of those hanged had Dfended against the laws of propery anda the eare of the socal Contract’ was respect for private propery. Ie could therefore be Sruued that, jt seach banging renewed the power of sovereignty, fo cach hanging repeated the leson: Respect Prnate Property So, ifthe hangings ae to be considered a dramas, the confit that hey represented wat the confit ofthe Powerfl and the Properied gins the Weak and the Poor ~a fae, unchanging conic whore leson, it seemed, wat never leamed. Malcolm, 3 prtoner a he NNorfoik Correctional Faclity in Masachosts,recopnined this 1040, He was a member ofthe debating tem that defeated MIT. In arguing the alrnative tothe propostion, "The Death Penaly is Ineffective ava Deterrent’, he reminded the judges that the cigh tecnth-century pickpocket plied bis trade within the crowd a the Ihanging of anocher pickpocket "2Phopeny, Autor and he CeisilLa’, Aon Fal Ti: he nd Sty a ihe Conta Elon 975) 0 1-64 Pte P Min, Rr of sna Cpa ashen! ed the Tomato of ‘mon Calo, 7618 (9), own tat he ely Ameren pee fom gi ws pu oder "tse prsoa newpaper, The Colony, vl. (ay 1930). While dhs vew conti an important sith, i ian oversinpi- fied one, forthe popalition was nos pi hte needed ay “Crampley’ to tec the same lewon. Actually the lsson changed ecrse the meaning of propery” changed. The proton of prop” tryin the eighteen century ‘underwent changer of such Imgoitude that they ate appresuted by comparson with the neolithic revolution of 4200 yean ealer (hence the phrase “Takara! Revlon). The wet of propery expanded vo sucha degre of refinement snd Taxory that amazed contemporary thinker, who based their detniton of cniiraon upon The lew of roperey underwent ein, sattoy expansions and cod ‘Beaton. Finally, dhe mae of property underwent huge change 25 Che iboor proving expanded in geographical mas in eporal dation and in the intenseaon Of work. As 3 ret of tse changes questions of making snd questions of geting were contin: tally being raed and teed quiring ever fe Iason om the “ripe ee! "The present volume, therefore, considers the individual cases os ‘incidents of des, stdin tht, is sma to the Ors ‘Ast Such history by the neck gies ua hstory ofthe eighteenth enuury clas struggle tat incades both the expropriation ofthe oor fom the meas of proicing (ening in sbunzion) and the appropriation by the poor ofthe means of living (esuling in ra re) ate ch cna tes of the bok, wee 3, that he form of exploitation persning go capital relations Caused or mifed the forms of criminal acting and second that the converse wat rue, ately, thatthe forms of erie cased jot changes in capitalism, n shor, people Became so poor that they fei ean he mopping om trans in cl scr. om dis flows that we can no Tonge ep the casuals a Tybur the lamentable vite of ised develope sent, to be east, forgot, on the dusthesp of time, The Criminahied popultion of Lodon was afore, i isc, of historic Changes. Reseth reveled the dict of dingushing berween | criminal” population of London andthe poor population sya ‘hole. That why we can ty ofthe hanged tat hey belonged co the poor. Furthermore, the hanged, like the labouring people in Tonton at 4 whol, worked with the hand and expend the snergic of thei otis to make the civilization of the cihtenth cnnry That why we cay that they were ofthe ating poo Finally the struggles ofthe hanged, hike thon oftheir ay niedsoav InrRopuction (On the way to Tybarn: No longer can the easales of Tyburn be ‘egatled athe amenable cis of historical development, tobe eas fbegoten, on the dustheap of me ‘heir rules to initiatives of their ovin. tis ffom this patern of "xruggl, initiative and response that an historic dialectic was create, ‘That is why we consider th history ofthe condemned as part ofan eighteenth century working clay. Wid chat argument this book kes ‘up the problem with which Albion’ Fatal Tie closed, namely, what ‘vas the relitionship between crime and the working cls? Te isan old question ofcourse, bu since 1975 the emphasis in the lscussion, even among thote writing fom a critical perspective, has ‘heen less upon the working class than upon state power. Profesor ‘Duncan Kennedy, the critical legal dhcorst,akes up che problem: “There is along Mans tation characterizing the sate under capitalism a ‘the executive commute of the ulin clas, thereby reducing execute eg Ive, or jodi acton a a aw expression of elas interest. There 5 80 ‘long thon ofissng thst execute oicer and judges under pial ‘en often fr, o pln break he rls order to doin oppressed ous, thereby fuhering ther cls imeres. ‘pancan Kennedy “The Ree of Law in Ezonamic Thowghe Ey on the Feta of Commodi The Ane Unenty Law Ree vo 5,904 (Same 08) p. 998 InrmopuerioN xxv ‘Whatare the implications of this manner of presenting the prob- Jem to our question about the working clas? Ifthe law is only a mask for lass interest, then the working clst scoens as hypocritical the lnws pretending to universality The work- ing clas adopts either an antinomian viewpoint ~ there ino law — (of one of cynical, individualistic materialism, In either cae it com- fits crime-crimes and in doing so its debasement descends to fesemble those monkey ‘Yahoos who beshat themselves upon Goliver. If, om the other hand, the law indeed expresses ideals of Justice which tanscend the corruptions of the ruler of society £0 bresk them, chen the working clas in prophetic wrath may tuen the world upside down and justify i social erimes as part ofthe move- ‘ent towards that ational, benevolent society Gulliver found among the horse Houyianlnms. In sum: the former erated justice, and the Inter restored justice to its idea ‘This antimony con be a useful way to understand the problem, Whigs ond Hier, for instance, may be expounded in the second of ‘these waitions. A book that elendsly demonstrated the corrupt venalites of Sir Robere Walpole and his regime concludes with an epilogue that speaks of law 25 an absolute human good. In contrat, Albion: Foal Tree argued chat lw was central to ring-cls ath dy, replacing in some respects the role formerly played by religion, and is studies of the labouring poor showed them as both dirty ‘Yahoos and kindly Houyhnhnme. But this antiony is limited and false, if not comic, Its starting-point is law and its idol-like power to entrance the intellect. Our starting-point s neither law nor ‘ric Jaw’ but the hanged men and women whose views and ations con- tinually challenged both law and their own clas. If we categorize ‘them too quickly 2s socal criminals taking from the rich, or crm ‘al-criminals sealing from the poor, n the proces of making these Judgements we cloud our attentiveness o theirs. [At the fulcrum of eighteenth-century clats relations was the exchange between living labour and those who exploited it, This. relationship i usually regarded as a monetary of wage, lationship: fn the one hand, employers buy labouring accvites, and on the other hand working people purchase what i required to survive, ‘more of les in order to continue working. Yet in eighteenth ‘century London the relationship was someumes not monetary in theory, and often not s0 in practice, The natute of clas relatos, therefore, concerned other things. The form of such exchanges could not be universil they were particular to each situation,sat Inrnopuction ‘Whether the worker derived the wherewithal fife fom the work shop, ship or lind (sites of production where materials and tools, ‘were at hand), or whether the worker derived his ox her means of Iiving from the stret, market or houschold (places of consumption where food, drink, love and raiment were available), cannot be determined theoretically or in advance of actual investigation. An ‘stir formulation of chis argument has recently been criticized by Profesiors Joanna Tanes and John Styles, who believe that ‘wage labour wai often embraced with enthusiasm’ and who question ‘whether capitalism can be usefully portrayed as having specific ‘needs’ There is eruth to both of these views though not perhaps the tuth intended. It is true tha only rarely did workers actualy reject money, even when they believed that other incomes were 0 bbe removed in consequence. Men and women of the eighteenth ‘century vated money, mors certainly. This is not quite the ime, however, as che enthusiastic embrace of wage-lbour which was 30 ‘often accompanied by the ks of death. As for ‘the needs of eapital~ ‘sm one might recall, indeed, che words Capit is dead labour, chat, ‘vampire Ike, only ives by sucking living labour, and lives the more, the more labour it suck", or ‘Accumulate, accumulate! That is Moses and the prophets"? Yer these ‘needs of capitalism’ can be ‘described only as they emerge from the antagonism provided by the counterforce of living hbour Unlike the historian of clas elations in the nineteenth or ewer tieth centuries, whose subject-matter is studied through the gas of ‘money, the eighteenth-cennury historian needs sources of informa~ tion tht area particular asthe things ofthe eighteenth cencury and as concrete athe labouring history of eighteenth-cencury persons. The eighteenth-century historian has greater reason than those of subsequent periods 10 search for evidence of the organizational and technical pects of the labour process, since these decided both the value and use of what was produced and the ability of the living worker to take, in exchange for work, what was necesary tollive whether such taking was ‘allowed’, or ‘customary’ or other~ par Linehan Eightents Century Crime, Poplar Move eit Sci Cor’ ll 9 he Sey forte Sy of Leow Hr, 25 1972) les fea Spe op cts pr. 97-3 Fa Mar Capt, at Ben ows (976), p00 and a6 InropuctioN sown ‘Only then can we bein a postion to understand the contentious ‘exchange berween living, Abouring people and their rulers. Since the exchange was dispute, i was very often disputed a law, and. therefore, for London, there are fewer sources of information beter than the vast documentation left by the criminal cours, The archives ‘ofthe criminal jurisdictions of London and the printed Praeding of the Old Bailey give us 2 history of misappropriated ching. From them we may derive a history of taking. Rarely do they provide infor- ration permitting us to understand how things were made or the exact combinations of material, tools and expenditure of labouring ‘reatvity. For that information we need to Begin with the biogra~ ‘hice of the men and women who were hanged ~ fromm these we nay obtain a history of making, ‘Together, the histories of aking and making propel us inexorably tothe idea of contradiction in the socal relations of production, The rroluton to ths contadietion is sgested by two tendencies atthe fend of che century: Fist wat the tendeney to remove the central place of public hangings in the panoply of rule. This tendency begins with the abolition of the procession to Tybuen in 1783 Second was the tendency ~ discerned most clearly during the repres Son of the 1790s ~ to introduce the wage relation a a variable, dynamic means of dividing the working clas while simultaneously acceding to one of its most insistent demands, ‘This book is organized in three ways. First, the chapters are Givided into four chronological periods of twenty-five oF thirty years each. While it has proved impossible to present all of the evidence exactly in temporal sequence (the chapter on the Irish, for instance, contains many examples from earlier periods at odd with its placement under the ‘Period of Manufacture’) in genera the subject-matter ofthis book is presented in accordance with the advance of ime Progress through the eighteenth century has tational been rmeastived by the accumulation of wealth, so the second prineple of organization hus been loosely derived from the concepts of eco- nomic history. Thus, the ealy period is about money or Snance capitalism; the second period is about commerce (mercantism’); the third period is about manufacture; and the conchiding period of| the century is about industrials and machine production. These designations ae limited even in their own terms and I here intendsoc InrmopuerioN them tobe suggestive ony By calling aenton to the dominant conoid ofthe pero the ote te by no meas exis Sn the contaryTheoretealy, thi i clara we raze thatthe Soumulaing social product takes several forms ~ commodity, 3 xchange, 3 money, and a proddcion. Histol, becomes Evident ter the finance captain ofthe 1690 war a psig of ‘aor changes in commer and production; the tory proction Einar er eoresponded ro 4 money and wade erie “The lnation ofthe economic concept, thei focus on the external of ncurmulacon, pad rctied by the thd pric ple ef omprntation, which late into the Sintra secret oF ‘amuliton, Tht organizing principe artes Gom the procedure ‘isletion tat emcng fom the soilogy of he hanged presented Si Chap nth cayer there shown fo bean moran rele tlnship between partite trades (uch Butchers or wenten) or {soups of people (ch at slor and the Inih) andthe people Ringed. This relationship suggened the need for separate sh ‘wih then sppess in subsequent chapter. Tn ain o thse guides of organzaton, other themes apeae an recur among the chptes. The theme of feedom si sii ance changed fom the soventcenth cena tthe 17908 one OF those. Freedom is tested itelyt0 mean escape from coating trent itis av mach a matter of ston ast of words. Such “Sarton kntodiced in Chaper «with he dco tool breaker, ack Sheppard and recs in Chapter 1, where ii ‘Broad a3 Collec, even iterational, action. Asa ans tion Bom the parcalr to the gener port in considering thetheme of work Insome chapters we coer men snd women SS they were organized by parla ads, and thee chapters owe Jhucho the methous of our history, whl n others we se how dros organi theme, informally and curly, guns the Ciploiaton nherenrin the conditions of ibour, and these shapers ‘Sue much to socal hori, ‘The material exchange beoween {tbour and opal is theme vitwaly present in every chapter tres, s Laue is ese eo ndrsanding de who, when, tnd why of the Tybur hangings buts ill consequences ae {Mursued ony in Chapter 1. Fy the theme of police suppres fiom whose file is considered in Chapee secs in the Gal Chapter when it became sucess “Ril word Hanging evra haging 20 years oi a powell mote sabjec. Wh hve spoken ath people who have wed the execution ofthe death penalty, [have not done so myslt. “Woe unto Woe!” exchimed Luke Huston, a Neweate prisoner in 1596, a She rol ag. His pis sk He as agh. eed i “pethink’ “ake Hon, The Bick Daf Ng (96, spit n AV Js The ‘Elizabethon Underworld (1930) p. 275. ar —‘Travenoonarny: Sociolocy oF tit Cosmensen 77 svcl-placed observers, The scene aa whole hasbeen compared SfgantPoch and Judy show it might just a wel be compared the amphitheane of Greek tagedy Yt the mintre of exposed fd prceced ares, n the promos proximity of mos ofthe ion (ind the apecuton ofthe joel dram in he gaping font af te Palla nectar, hee were viltions ofthat harmony of Eigteemth-centry sete ht depended spon te separation shine claves Presiding over thi scene wat a combination of the bourgeoisie of the Gry in the petion of the Lod Mayer, Sir Wiliam Humphreys dni the lea representatives ofthe newly inaled Hanoverian ot gaehy.Infansary 1715 thee wee lear of empite aod prnepal Scer of sate. Thy were: (1) Robert Tey (455-1735) 3 baron oft Excheser, rer on te King Beach min com ge genleman' (3) Join Prat (167-1735), udge ofthe Kings Bene ands former sot ofthe row ba te Company wh Would later become known for his brutal wage in’ court of Critoper Layer, the cob: (3) Simsel Dod (3-7) wo fad only recendy been elevated tothe office of Lond Chit Baton of the Exchequer he made hi mark doting the Restoration wien he sneceaily epresited the London banks in angung for aon Tb on dhe itr flare aken by Chars fan e ed the rgoenions that fined the ro Est Inia Companies, (a) Peter Ting, Chet Jace of Common Plea man whe av Recorder of Timi and st Lord Chancllor had ipl reputation for incom tence and inattention. As the hosband of Locke niece and Pal-buer at Newion fan hes connected pera the fom competent and teste tinker of Whig Engh ‘Ass group they were nota bad x some who had recent served thence ofthe rege. Hanging edge lier, the vara dct tor of London in day and the mos consummate ally known in theory ofthe Engh bench, hal been dead for ewengy-st sear. Sisthicl Loves recent City Recorder, who Was “datine {hed principal for hs want of memory” and was revared some Fore estates onthe round thi he had been move eigent the dsconery and conviction of rin than any the: person in the Kingdom, had ako gone met Tey, Pratt Dod and Keng Sereno o stain the personal notoriety tached to those names Nor did they need rit excel fom the curt ana, oF “The Sesions House: The scene hasbeen compared toa giant Punch ni “Judy show it might e well be compared the amputheate of Greek magedy been murdered, the prisoners were kept fettered near this dock, fom where, exposed fo the elements, they could see and hear what transpired during the proceedings in the Sesions louse. After 1716, following a just-convicted highwayman’s vaolting escape into che safety ofthe crowd, iron crossbars were installed.* On the other side ‘of this dock was a pltin Doric portico wise nether side was ently ‘open ve four rows of supporting columns) t0 the ground Noor f the Sesione Howe. Stone Steps, alings and a balustrade provided entryways on either side ofthe portico. Within, elevated several fect above the yard, covered by the upper parc of the House, was the Judges’ bench, On either side were partitions enclosing she Jurors and above these were small balconies for court officers and ‘tiowion, ope Ta Preis, 1-14 Jamary 176. SDN dwar on, The uf Eglin (86) vo ip. 8,2 25278 PaNDABMOWIUM AND FINANCE CAPITALISM the ‘il of Fare’, a ater Ol Bay judge called it. Thee four sree loa serra in a Whig judo le by Willa Compe {Cond Chancelon ryuet7r who sould hang 2 man fs {hen judge in’ secoding 0 one of vcs Titty he bench, berncen it andthe defendans, was che secon group of the Oi Daley dents enone che ur. Tse ‘See twery four inl ongnsed in two panels of ele, on fo MCuy of London and the ote for Midesex, Theiss he ercSauhcin "which sands between the people andthe abu ‘SiStthoigy by dhe sate to quote a mandal on jury work cect eaeery specalse. Of eo quote» equenly published ‘Sghtchermury aie othe joy fas ‘Bank that held back SNocean of oppreion'® "on weet as we understand the term, ‘pee’ ofthe den dak, They were lndowness~ small ndovenes to be ut, but ietdowmen neverihele By iw of Henry Vill hey had od Bond Cio by the Year of Freehold fora erm of Life’ Under Tne Soper quit was ned o £20. tn 1692 ic revetd "ia bythe Yen at eas above Reprizs of Frechold or Copy (Ena of Tenemenay or ens n Feesimpl or feta Beso tot hat thcy were chon by le fom among those ofthe mi SIR" boc itey were mide his as only 2 socal o poli ‘Gc, nota demogaphic or democrat sense, Recee sti of Ieome seatifeaion ef hteeth-centary London show that Mee See inabients were too poor to cven py ne, mach es Deiat ands or tenements “Middle claw” or mide rank Sly fo the wesken part ofthe power minor of th Froperd wos pevelydhitrank, Proesor Roges ha sho TaPsin tow sscepeble tothe cappling tis of centage Mependeocy chancteiing evanicialpoites" Such people Sees ce dating and neighbosly ex with the los an ‘Tyaumsoceamy: Sociotocy oF Hz ConDEMNED 79 ery’ han dee rcherbredhen. The socal ls ofthe joe also have been the soil clas of the creditor, the landlord, the masters, the employers, the constables snd the overseer of the defendants. That socal las, 40, will ive provided many ofthe ‘etins of thts and msappropriations ‘inary sth jo nd yo ope ly ft ment entj-ine were mes aginst propery but {knoe role the tek of money The fs thing mentioned inthe printed Proce (lowing the name of the acca) i 3 ddocripon snd lit ofthe parcaar properties that were stolen a fopper bed warmer, a siver aka 3 bag of sugar and wo forth ‘This i followed by the prosecutor’ evaluation ofthe goods in money Tes a suggestive sequence of presentation. The legal ant gia, Daincs Baringon, made one ofthe fst and mor ineresing Sempys to understand the socal hinary ofthe law of acer he ‘cd not upon the evasive abractons sbseqenly voured (rap iy icrening ade and weal, ‘new forms of economic stv), made reference to we-vas ~ such a8 furniture, nen, wood plate chat were prominent a stoes of wea and isrumenss of power or emblems of stats during the diferent phates of Eis ory The jurors of January 1713 would have ad a knowledge of the sil meanings of particular propertics hat we do not, whether they were goods of consumption or meas of production, ting for “eo for fale, necesiis or lures, nsgni of office ar means of Surv A hie of these meanings artes fom Locke view of ost /sniveral equivalent, money, war the object oF few thet, only four inthe January 1713 Sewons. OF these, hice resulted in quits (Chefs of a g-guinca piece, gs. and $e. im unspecified conage). A gy verdict was returned against Robert Willis, {orged abil of exchange worth 60 Ts, and was sentenced to sand ewice inthe pllory and fined one mark (13s 4), 4 unique lime snd niu punhmest Osher, the shonhp ‘etveen purshment and misappropriated propery a ths Sesions be tbe fellows) PY beds Bona and Hi Kau Jur: Sent Tig (New Yok. 79) Peas ites Tie Egan! Rite Dice Bours Rams La ‘jemand (170), Sta Gre Ta ing t Cone: Pepto El i (Chicaga Bet, Crone ond the Ca “ha ay s0 Hotes Princeton, 98D. Pa AGG Sher Socal Ca snd Schl Gegepy: The Mid Chaves in ithe Ea ofthe Eightemdh Cary Seal ao, vo is 90 3 (Ma BOLE? ges ‘Pople Posen Ey Hanover Lona, Pa nt Pes tty May 987 p72 eerie Dr ijn Sc A ay fil Lain ind 3 png, Aon Po 9 ny pnfo PaNDARMONIUW AND Frvancy CAPITALISM te cieclirer sieencr ie ran Cen Punishment and property (OI Bailey Sesons, nary 171) Punishment and money (OM Bailey Sesions, January 171) Wied Gece) Baran band “Hegel tlc aA tuotnee noe aon Gaia yee arent cr Ermey - ‘oolahemp 1s wlan ‘pon ] a any fai handkerchief shod smacks “alange quan of lerchiel oe a termi Sho Cnn = E a Sree bbc enn cote aa ire a = ‘ibe 1 ld ‘poe soon aid 7 a MEME, Eprtieaoie “ppt = se ‘Tihuckaback blecloch 1 pair of shag breeches 1 bed, 2 blankets and a ru i" canes 1 feather bed and axes, noel ‘se Seger ae i om «dco ” a ioahe : he om a oes : es zeae : ‘The relationship between the punishment and the material oft Bods cox ee = stolen property is not really evident at this Sessions. Someone waistcoat 08, 7 saree mic doce aslansip beeen deuth = 2 = Rtsnions could convincingly establish this." A clearer relatos ‘between punishment and property arises when we consider its qua tative telationship to money. The stolen property wis giver tdferene monetary magnitudes in fve cases ou of twenty-five, {nanother six cases 4 double valuation is implied. The first ‘valuation is that of the prosecutor, andthe second is that ofthe ju ‘nich Foun, isin ad Pk The Boh the rin, Al (eet tr os pl tcinclogy of te boy in which might be = (immo of power sone 208 oberon$2 PANDAEMONIUM AND FINANCE CAPITALISM ‘Tyavrnocearay: Sociology of tite CoNDEMNED 83, bur relationship between to. and a whiping, between Sond and han andere gum noe $f uekia rom the poin of view of money the reationshipy ae AMER ne te properties were never actly exchanged fr Fae they ae only imagined Bure of acount. From the is afeiew of people, the conequences ofthese sums pon the EOE Gttke onenden were very rel The sate law made them tee ecolet that a lnceny wae ptr larceny when the vale of SBN uous ese than ad lence od ppents often 2 the assaf ged stolen by chose wo were whipped- Benefit of clergy wae seen cc of aceny om shop, tbls or warehouse Te MOR a wor ued at les than 3 Hence, dhe equency of Se fama so neg Hand no, The in Peguily important too (hough appearing only once 2 @ SREY when the goods ake fom shop or dwveling-home Seget aking in and wath a peron being pot in therein See eer an an ned of egy aed san of elacang propery fan been given vations names such Gounecharging unde sing and pious peay* The wehsue agus ad mileading They suggest common knowl {Spe af hctnenctary vale of thing and they sugges that the $oB Sposa tat knosedge rom monies of mercial humana ete But the terms are equally mbleading maxmuch 26 raed quan vac haan objective ray, Ye the make rest dings epectaly sal and second-hand things wee 3 Prgeable aaa vaiou the mumiber of buyers whether thee smaatmnrokes, fences of stolen goods or open marke. The ‘Mumdutrtnser of the Ot! Bay jury could not have exited chtout dhe imagined reaity of a commodity producing society [The Gcation about commodiy society that took place ig Te baghah Revoloton occured a ie of fundamental dscusioh “Bout iw andthe jury, At hi tial “Fee Bocn John Liu ZBiesed he coure with these words ry yaw ae not only ot, ut of ew: and you tt Jone Jadge ofthe nwa no more bue Nera intudes: ad egy tn tc joy plese me no ee bt pes 0 there ‘Thus he enunciated 2 major theme of constiutional liberty, which, despite che repression ofthe Restoration, remained the sul Ject of serious, sensitive debate that generally dourished a times ‘when questions of libel, pubic asembly, freedom of the pres ot seditious utterance were put om til ‘Ac sch times (16705, 1770-17908) the legal question at ieue was ‘whether the jury decided questions of law, and behind the clo- quent, impasioned debate about that lay even deeper ies about liw — was ie made” by judges or ‘discovered’ by jurors? Sir John Haawles, in one of the inost frequently republished guides ta the ony, The Englishman’ Right: A Dialogue Betton a Barter Law and 2 Jryan (1680, 1731, 1782, 1763, 1770, ete), argued that since ‘all niaters of lw arises out of mater of fact’ and since ‘aw. sno other than a superstructure on fact jurors decided both, and in the {ease relationship between them and the judges their views and. decisions should be pre-eminent. Inthe wate majority of cases the ‘significant decision made by jurors was neither of law oro a ut of tue, Even in the few cases of political as opposed to property ‘offences, i took an extraordinarily courageous, conscientious juror to defy the judge’ directions a tothe law and the evidence, because rot only did the theatre, costuming, make-up and ‘staging’ of the ‘Old Bailey drama give the bench the advantage, but material or evo nomic advantage was with the judges too. They could dispense small fvours and payments to jurors, excuse them from panels or allow them to serve again, and keep them fom their dinners. Sir John Hawles wrote om experience about the political con- sequences of this uneven balance of forees, Some made 'a trade of being 2 Juryman’, seeking alice or preferment by refusing to ‘give a disobligingverdir Others wore motivated by ‘particular pices, and a humour of revenge’. When piequed they would cry, "Hang. him, find im gui, no punishment can be too bad for sach 3 flow! The jus woul sch the evidence or sein the lw “because they fancy it makes forthe interest of government’. What Hhawles called ‘ancient juros' lived by ‘eaelese custom or “lavish fear’ and merely ‘echoed back’ the judges’ preferences. They ren- ered verdicts Based upon the size of esate or to avoid the trouble ‘of disputing the point, or to preven the spoiling of diner by delay’ “ats op Gi p24. Edad Basel wc courage ue Sesh, sn Lange, he Crna! Tel foe the Ewyer The Ovo of Chay Ta Rave, vl. (wae 178), ER PE Nae Olena he igh a Du of in Th Las) 3.84 PaNDAEMONIUM AND FINANCE CaPrTAtisie ‘Tynuasoceanny: Sociovocy oF THE ConDEMNED 85 “Aint Jurymen’ orang oor those who actively soughe to se stir po sr et our in mde proceedings by prsecators and dae {Clic teense epee bd shown ht ha wing Srjgement tended to greser umber of gui verdes thn thee rendered by those who accepted the cexponsbry only with, Tucance One ofthe resons why juror were supposed £0 be {Skcted by low Blackstone) ves 0 avoid the presence of those Sosy ed he Apter eon ws tw pono ge Mamita with dhe jadges SF st of thee hry pane of Jamar 1715 wa thi. One half he iy jurors incuding the foreman, were eal the ype Df Sanding noF horn Hawes warned sans. On the Middiex fanel se jororinladng the foreman, wool serve agi, mox of {Rfinat ew ewice —frtermor, dhs gure wasa esl than ‘oo ual forthe nineteen jresempaneled beoneen December Tote and December 1717; ding his prod the average urbe or {leh jury ofthowe why on the evadence of thelr Fepeated appear ‘he; aeely sought the dy was closer to seven than sna populaion of neay 650,000, of whom pethaps 4 uarer might uct jue propery season, thin evidence of the fare Srrandomslelon and of exact tht Kind of corrupting laon= Ship withthe law that Sir John Hales had warned against Even the Pesce Wine paneer at akon the scope to coraptions. A ‘oie 'Paralty and Favour of Sheri andthe Corapion of Otic, among-many other ell Practices. A 1730 Act fered © the evil races,» wel in coping ros and the ‘Neglect and ‘Noes. it making up ls of PresholesJadgeJeeresolced the Sher wo encase’ from the London pane’. The spon character of ori sugested by Bunyan loreal acount ofa tral presided ore by “Lord Hite-ood In his summation to the jury fected a legal anchoriy the Pharaoh, Nebuchadncezat Snd Dari, who were scoped without dem by fry consting Gf Me Blind Man, Mr Ne-good, Mr Malice, Mr Love st. Me Iiseloos Me Heachy Mr igh Mind, Me Eom, Mr Lyn Me Cruel Me Hate-light and Mr fnplacable “The pial juor of Hanoverian London, we may hazard was 2 teaesman in dre senses. int, having toposes 2 eshold in and or tenement of x leat io per annum would mow Ikely have ‘made him one. Defoe wrote sbout and fr such people, taking a Interest in thee dificates, fering wel advice, helping them 10 rain dhe stengls of the Disentingtaons wile foxpeting the Good Old Cause. Second, the Hanoverian juror would Have been Tly co have made 's wade of beings uryanseeKng preferment fare asoriates of bisnes throngh the networks he could tsublsh among the robe-wesring grandees and thelr servants of pee officuldom. Ie vas the Sheriff who chow him, and since every Tred Mayor ha Sn o be Sher err mighe make imporant Gy ones Tl neh pate oh ete Hanan Jor wot have exeeed 2 suesmans owed in te properties and asesing what these would be worth. His “hamantaransn wa ered ehongh Igal-monctay seve Hal the women in January 1715 Sesion were acquitted the jury cxered ps perry it hal he guy verdicts ermed othe women, Two-fihy of te men were acjuted ofthe gully the rors exerced pws pes im only 3 quarter ofthe ees When the jor closeted themslvs (which they did nor often dol) Acrone their vedic, thelr comvenatons would have been 9 Kind of weighing of the exchange vues of property and the at Ions upon the bodies ofthe wrongloer. Even if we sume, Ags evidence sch sv Pale or the ctcans of Bunyan, that they set about thei deiberauons carnesly and conscientious, they woul have to reconcile two profoundly diferente ope of fesonings, an ancora and judi pontive adgement tat ‘would have consequence upon the defendants hand bck o neck, Benseen tod. and swan the difrence berween ised back and death, between 45.1. and sy. he diferncs beeen a banding fd + hanging ‘The, wa also through thos lgal-monetry recess, not only the ce marke of labour, thatthe pice of ie znd im as determined. Perhaps o other oup tn he eighteenth entry was forced to make such diee calculations ofa, money tds op. spp 4-6 Bono and Kes op. i Vt ae ge uot on 8 pani dfeetSesions. There wee 36 dopants ‘in Gay pach tom ee pand On 3 Ct) fel he avenge umber a Stanng Jura and ip Maes On fe of the Mier pac tSooe ai toe jr wee the pred net. Sze The Pedi fe 83 1b ‘Beceem Ft, 9-3 Ferny 171537-90 Apel 171-4 Jane iis sei ly 1725.9 Sepemier 17g. tag Octeber 178, 70 [Beebe sy 4 ry reas Febuary 176-4 Nowe 7; acne 31% 2,8 Febery si a Mach ee 6-8 Je 7, ‘hy tence Sapte pr a0 9 Deen 786 PANDAEMONTUM AND Finance CarizALis “Tyavamoceatny: Soctotocy oF THE ConpEnseD 87 Laws of his Country’ the observer finds it necessary to add, tpbriding the duy potters for their ignorance, si they didnt Know tha thei adveraries were the Law Their outlook sac once feigned and hostile. Whale the well-to-do ate drank, pised and Gefecated in china, the poor sued the angled, unpainted veel, tae by thse women. The visitor turns his hea to another comer Sf the Yard. “Tn'athitd, «row of Sptle-felds Weavers, withthe Lice passing in Review ove their Shoulders, before eo or three lay iver-buttond Ale-houte Fellows their Elbows; nea whom, ae four or ive old Women, shaking thei Heads a the Wiekednes fof the Times’ What news, pointed joke, telling sence, cial ‘hreration might a uproom fellow bave picked up fom weaver? ‘And among the old women, were the times ur at wicked in cheir Youth now? “A ya farther two or three Grenadier together, Ivith «reduced Sajeant or Corpora of the Foorgards, ready 10 top a Reputation for some offending Brother’ This war 2 falar, (id Batley sory. In the winter of 718, for example, « soldier, Thomas Smout, had refused to lift his mug to toast the new dynasty: (Gd dn King G-—e, I'l fight for another Manas soon 2: for him. Two flow solders rapped him s reputation in Const, bot they ‘not being credited”, Smout was found gulty and ned 3 ark, 4 sum equal to more than three months” pay. Having foe te He enc, he catenwar women the were dnd the soldier, the 1732 observer complete hit survey Of the sociology of the Yard: dl ma “Rese wgether with «wo or tee Dosen of Whores and Thicws fom ‘Rosemary an and Gis ad Compan oft alos om Wapping, ese tases ito Commatet ots, ous, snd veal ene ts Sesion howe snd here dette on the Fats se Cane othe (Cimino the Cont stg “These commitees and debate were the counter-theatre ofthe Of Bale. Theirs wes nether the complacent, baught hermenea fis ofthe Bench, nor the hued agreement of jurors who coulda. 480i a Shylock reson. T the atest howr they debated, which ‘would have Been 9 o'clock, a signicane hour inthe dural yeh ofthe city After 9 was fbidden for singing o reveling to tke place, or the beating of wives; i was rbd for hammnermen, its, founders or eur noisy arficer to work, twas forbidden and human blood = ich may help exhin wy in poplar ble fen thougt tat ether surgeon Sor Batches cou stom a jy Onc af the ile and sorely xe ho lord sound he Sho id aco een cae ey gen bred by jure) wh the Spock’ sera ‘ane Antonios en You have te race of Go sd he Ee enoagh™ “The third space of the Old Bailey was filled with people who, in being excluded fiom an official role in the proceedings, acted. ax spectators tothe drama of oyer and terminer, bt who nevertheles produced 4 counter “hearing and determining’ of their own. In 1732 a book was publsted with 2 title forthe times: The Ticks of the Teun, Oh, Ways and Means of Getting Money es description of the (Old Bailey Yatd porsomes the virtues and authenticity ofthe diane, cynical observer. “The Old Bailey Yad is crouded with an idle and ‘sorderly Crew of Persons of both Sexes, who have no other ‘Business but to obstruct those who have any unwish’ for ‘vocation to the Place’ Evidently, dhe author hss busines at the ‘Old Bailey, but busines not so serious chat he cannot spend time ‘watching the ‘disorderly Crew obstructing his way. He glances round the Yard, “In one Corner stands a Circle, compos’ of, pethaps, a Baker’-Boy, a Journeyman-Shoemaker, 2 Butcher'= "Prendce, and a Buf Follower, ling how it was, By what means such a Robber was taken; who his Relations are, One boasting of being his near Neighbour: and another ofan intimate Acquaintance ‘with him! The visitor has approached near enough to overhe the conversation: he detects their eager sympathy and the now hhero-worship forthe defendants. These are the youths who delight in che ballads extoling highwaymen and foospads, The observer leaves thei commer, and sees ‘In another, a heap of Earthen ‘Women, with Straw Hats, and cheir black and blue Eyes and swol Faces, lamenting the Fate of poor Bob, or Jemimy, hoping the will deliver him out of the bands of his Adversaries; meaning "De Menon Vt, The Poet, 7-10 December i58 PANDAEMON1UM AND FINANCE CaRrTA.isy “Twauasocsamiy: SocioLocy oF THE CONDEMNED to ‘at any Urine Boe, of Onhir-Bols into the Suce Then the Sos te Who a rs nn he way on he Ci KRoserary Lane and Wapping, wher ftir ‘commie remained Consutd hey consis det ‘bates in move fair sings However, tea of following the sree people, ot observer appears have stopped off fora drink He a joined another ind ar people. "Nor ze the Tver, Ale-houss, and Brandy-shops in {he Neghbouthood les fi with de Spectators fr, Deis the Prosecutor and their Wines (which must neceaariy attend) there ate inate Numbers of Watchmaker, Poorer, Barber, ngrovers and ether Artzan and HandieraftTadesmen, who bate fo other Busines there, but to hearken to the Stories of the [Newgate Solicitor, 2nd their Companions’ Ta cosing fom the foal the tern the obser comes perhaps socolgi ne of Sanus of proper or of ell bu ent a eas line and erenly Ieip nota line relcced by an analy of hose hanged at Tourn “Ths we ay prove by analysing the fe hone of 242 men and Gromer hanged ow the al ee on econ dxiged to warn people to respect property when piately talen agin pebic bw (hanging). The great shop ofthe Cel (athe Ondinary was called) talked tothe condemned nalefactors in tht bs dye Te sunt thee conversations and puede nis Aza slong with is erm. Rew chen sol io che snes before during and ater the Iunging fr the edifeation of his waders and for hs wm prot thevnineteenthcenirythowe ho sod "Last Speeehes and Dying CConfesions were ftir gues known 3 “poperworken, ing fetioner, ‘running pares and ‘dent huntew Some dean ork’ by sopporting placard at xstomary pees: thers practised “purking'in pubs, bun and uproom The ‘Last Dying Speech Mant sold erate that was part of broader library of the sect, whose ‘tes purveyor include the eter of Galop tans an sus, {aes and alladmonger.* And they fubbed shoulder with bear wards,balfoons,chatatuns, clowns, arabs, ences juggles, Iocanpocts men, metry anrews, ayes, minste, monebanks showmten, tuber, puppeteer sacks and ropedancers, ah i ven were part ofan sncientasban culture of steetsels of fis, fb, vegetable, game, podons, medicines, drug toy, buttons ete Since mich ofthat et etre has dapper, there tendency to overlook difeences ins evolution and paracully to dena) the ‘Last Dying Speech’ of the nineteenth century. with the Onlnay’s Aan, However, the Ordinary Account belonged to teeent medium of comiicaton, prin, abd i form introduced sovenl clement distinguishing it fom the tadtional balls that fhppored myth prseston ofthe mafic. ne ofthese new cements consed inthe theological demands ge th eae Thi rege more aention tan di he home S¢ snd mor snstonlian ofthe nineteenth century “Last Speech which projuced only responses of tronic damual & Pathe rsgnaton "A second novel clement of pesttation wat the verity oftme ard paceineach ofthe tonic. The Oniary “The sociology of the condemned stdies by the technique of aggre sation those who suered atthe gallows. In methodology the study SS not disimilar to that invented by Peery, Graunt and Davenant, founders of politcal economy’, and practised by Gregory King, the fist demogsapher, bocause the social significance ofthe individial ‘expresed only into far ashe or she is aggregated with others to form statistical generalizations. What Gregory King did fr the population ‘a whole in his Natl ond Potzal Obsenation and Conlsionswpon the Site and Condition of Eg (1696, we may do for the condenned- King’ statics were based upon the poll-tax and hearth-ax reports, new record of the 1690s, Ours are based also upon a new type of tvidence ~ the perodially pisted pamphlet ented The Ondinay [Newgate Hie Acunt ofthe Behevious, Confession and Dying Winds ofthe Malti who wee Excaued at Thum. As King’s methods bec own demagay s we may cows aburagy As demography originated in records designed to ake private Pro ‘under che sanction of public hw (tation), Tyburnography is Henry Maye, Landon Lao and he Landon Ps (863), oi p30 pe sale chars “Ohe Set Stef Sane act nd he Pe ce Bak, Ppt un Eni Men Fae Ne Yo 97 Aucoin fle Ted Ac! Te an Posteo Oe Bagh 4 Lae Sate nd Eni Lge Cnty End Cig 987.) Supe, “Lat Dying Speer Reign, Uslgy sad ube Econ "We Rohm, Pil Lend, de 73) 17-109. Seventeenth Centary England’ Fu a Pm, a0 07 (985) tat90 PANDAEMONIUM AND FINANCE CAPITALISM ‘TyaveNoonaniy: Soctorocy oF THE CoNDEMNED 95 Acount was history, not legend That distinguished i fom dhe ie itsnen ofthe ballad andthe sentiment of Victorian expression ‘Ths documentary quality of the eighteenth-century Azourt lene foita wider range of uses as tavern gop ya Schoolmater text, {loa socal dscusson, 8 practi tvestiganon. Further, not only ould readers judge the mulefictor, But because the Azount and the OL Daley Prasedingprominendy printed the names of judges ind jurrs these in fur tg be judged too, lauded, cried ot derided. ‘What went into the Anan was subject eo restrictions. Afr James Shepeasd the Jacobite conspirator, was hanged in 171, Pumphle was publsbed called Some Reson: Why It Should Not be Expected he Coveranens Win Pei the Spe o Pape of ames ‘Shaper hich he Deiooed tthe Palace of section 1 be Pied 0 whlch was: “The Sheri general acon thet Daty om seh Oceans, is taper be Seaneyt Otero ad ee ‘Councilor before such Panne concen in the Adminstration, re Jpoper fo Judge and spoist whether the sk Paper shall be pubis “The author of this pamphlet was a pains to destoy what he eed ‘the Sanction of 2 dying Person’ Words Eighteeath-century Sherif and Seeretaricr of State Rep an aentve ca to these a> Io eae and re pomp terete en dhe wt, spoken might question the Hanoverian Soecesion, the doctine Frivate property dhe sovereigns of money oF approved norms of Sexual conduc, When the "New Minter, Charles Towers, wis Ihnged in 1725 he publication of his lst words was prevented by Ininseralauchory® Censorship, therefore, limited what might be expressed inthe Acannt and whle we might speculate a 0 ‘what was lef out, our Tybumography must sick to what Was allowed in. ‘Our sociology relies, then, on the apparenty insignificant fet ‘of the bith, geography and occupation ofthe condemned, facts Uhafected by commercial considerations of publishing, govern tment censorship or the tangled and contradictory motwations of 2 condemned person speaking forthe ls ime. The facts of date Sf bie, apprenticeship taining and occupational history canbe corroborated fom independent sources in parochil, apprenticeship nd judicial records These area individual ya signatue, and as suthentic. When aggregated they may help us weite the history of the times, w 1 have studied 237 diferent ises ofthe Aso describing 1243 ‘men and women hanged on 243 hanging days in London beeveen 170} and 1772. Thisis not a comprehensive igre. amounts to an ef ging do het sos thee ‘were as many 2:8 na single Year (excluding special hanging), though 6 would be more common, Nor does my study include hangings tha tok place neat London, such a those Surey han fangs performed on Kennington Common But although the Sample isnot absolutely comprehensive, i age enogh that pat= terns derived from je would not be much altered were the lacunae in the evidence filed. * Let us now examine thete pater they con fem the geography. apprenticeship, occupations and urban topography ofthe condemned. “Table 3 summarizes the geographical origin ofthe condemned ‘ree Linebaugh, The Onna of Nepean is Aci}, Cockbara (Gh) Coe in glans 80 nc, 197). PR ae Beatie, op ep 452-6 sles Sore mpg beeen 3 a 54 2A biog guide oth Aout and x erton lt of the wheats of Indidus ren contained in myths, “your: A Sad of Cre ad toe ‘abouing Poor in London dering the Fie Hal ofthe Eighteenth Cosa, D, Can the Sey of Socal Hintoy, Unity of Wares sl the Onlinay As 4 aus 1. Net92 PANDAEMONIUM AxD Fiance Caprratisat ‘Tyauaxocsamy: SoctovoGy oF Titt CoNDENNED 93, ante 3) rapt 4: ‘Bircplce ofthe London hanged, 3703-72 Bietplaces of the London emigrants, 1728-59 Pace Number Percencage Piece Nember Percentage Tendon “1 a9 London es no Engin ouside London) 9 bes England (use London) nig 20 Tend om as tind ‘° a Seon - ™ Scotian 160 ” Wes 2 a Vile rn ae where e Mu hewbere 2 B -A.177 observer put the proportion of London adit fom distant pars at ewo-thirs. The fecords of the Westminster General Dispensary show that of 3236 admitances between 1774 and 1781 only a quarter were born in London, The reconts of the Chamberlain's Coure in x90 show that 73 percent of those given the freedom of the City by apprenticeship were hon outside London. The proportion of atve Lond. smong the hanged we sbot a al weld be he opuaon of Londons 3 ‘Let us study the dirences in origin between the London ad the London emigrina A higher proportion of cot and Welsh became bonded servants than were hanged. On the other hand, 4 sey high proportion ofthe hanged were Ir, almost 14 per cen, While only» per cen ofthe migrant servants were rsh rom the ‘ehtively high concentration of the country migrants who came from Brito, Liverpool and Portsmouth, t would appear that they ‘We note tat urpsingy hgh mmber were not gl, moe shan t quer ofthe al Or ths ow were sh (7) We ao fe th ameng the Engl amo hl ere bor ode London Fw ts sts para? We can Compare co dha spi Tyrthe London emigrants tothe American clones on how cor pace of oigin wo noted? Tale 4 sumac "We note that among the London erat, high propo: tion were bon ouside she cy. andthe concordance ofthe 99 tbls sugges + gene poten forthe London poplae vote Stee mad "Th migratory movement into London sone th eco demo rap sles have led ws to expece London mstined, nd Eta incest, poplin daring the fe halo he cig ‘ch cnr by an anual ne iran oer an een “Sead of someting ke 9000 07200 people A primary Socal eporens ofthe inhabanes othe mewpols eked a ov dams, poetry and pin 2 wel sn the joc nd oti ches, nade ssa own of people Born cutie ‘Depend Cole or fre, proc om te Gagary King simote bed on fhe beatae rer docs EA. Wigley ia 'A Simple Mode of Laos Inporace in Changing Enis Society and Economy, 1630-750, Pat and Primi, 17 (97). PE. 44-70. See ako, Roger Ftiy and eae Shee ‘Popation Grows and Sahurban Epa in A Boor and Roger ay {5 London joe: The an of be Matias 98) op. 3-3, ‘Barngan, An Amey Dy Hin Bekele Late 757) B37: ‘miiery Reporte Westnter Cenc Dapeotary Pubs Tat, vel el (178). p38 BV. Gl “Soceseconoie Ste ed (Orcopatins in the Cy of London athe End ofthe Sceneenth Cena a ‘A.J Holhender sod Wa Keleway 8), Shas Land Sls (9), hack nd Marion Kamil, Lit of ipa fom Bond Amoi, 839 (Base, oe Satvcommensto ae acd Ut the wt index was meptiethe exe! 12 hich the moray ne screed tha of tis vanes fom astro ‘Spending on wheter ey work backers fom he 801 cess MD54 PANDAEMONIUM4 AND FINANCE CAPITALISM ‘Tyauaxoceamy: Sociovocy oF miu Conpensen 95 ‘were amore maritime group than the hanged. Of he Ih, very trcentage ofthe hanged cme fom Dublin, Exciiding Tend the hanged appa thas bccn om the Midlands, the rape 5 ‘Occupation ofthe Ih hanged at Tyburn, 703-72 ‘West Country, and East Angi, 2e3s of declining texte production, Occupation aa and fiom the Thames Valley and the London provisioning areas nee ‘These diferences can call auzation to some of the specific patterns “Appeaices = ‘of eighteenth-century London migration, London was the vortex of (Quake arias cf ay ‘English imperiaism, which began in the Irish Sea. London also had. Salon 4 a 4 changing place within the social division of labour in two) Cooney bower ” is respects ~ agricultural provisioning and texte production. sales e i Since about 60 per cent ofthe Irth who were hanged came from Cle wre and means 33 & ‘Dublin their migration to London was less an aspect ofthe town’ Unknown Ps = County eign than i was the town/to celtion. The pet ode mposed ater the Wiliams op a mposed many ree {fom upon Inch commerce and ide: cate ede and woolen ‘unufacuring were ceubed. Colonie wade and shiping were TCveey cued. Ax Swit wee the "eonveniency of port and FEntour which Nature bestowed ibe on ht Kington, Sof to ore oe toa than a besa prompt fo 2 man sho up sa langeon.) The occepatonal roses ofthe Tesh hanged at SMa show tec concensaion n non-agrclral employments Tes shows less han 9 per ent were county bowen: more ree apprenticed workers o uaied artans. "abl ike scan be leading may sugges» permanence cofemployment or faty of experience a odd wih the ames Atecrtamty and mbit the few indvdal exes quickly ate “The Humphry Angier, foriosane,« Dublin cooper. le alse in ts nthe Brita Army atthe tme ofthe ate Rebelion Sodan He was m expectation of Beng ode thither whe he had hopes of improving hn Frcone’ sea, he as sent Shain, where he pred form the Brits sacking of Vig. AS = oulthe nas able fo se up an lchouse-keeper tn Charing Cx dnd made ins establishment a headquarters for Wessminser highwaymen. He thas hanged in 1733. Or Marin Nevin, eho trough hs we Uhilden to England to work in harvest and hayemaking ‘uring the est ofthe year fond money and good money — retulngTrshinen off he London quay for serace inthe le regiments in France. He promised recruits “ve Pence Halfpenny a Day and four Loaves a Wisk, evry one a big asa tree pny Loi Peshaps he erated Thomas Dyer and fumes O'Nes who served in the Irsh regiment at Philpuburg, Fontency and Detingsn. Both were agrcarl workers in Tipperary who joined the walpeen gangs ofthe Engh harvests O'Neal had spent tine orig the Newondand fay and Dera ald in Guinea sbver. When they were exsmined for highway robe they both si hey wer re pda James yen wer bora to pose otis in the ver of Ieelnd: Being wared of saying at Home” Tre went toss and served on 4 Gites ser aking fans 0 he Wis ns, He fought the Wallon Guard fr Span a Gibatar aod then ser/tin Gener Buckley Regiment inthe late Wars t the siege of Fort Keil and Philpiburghy where fing there as le tobe had but Red Hoe Caton Bat Bailes, he though to eet ad then came over London’, He was hanged for high ‘robbery In London ‘he provided for his wie and chen by rng about the river, ging on Era a9 Porte or any he fould honesty earn 3 Penny under the Masons, Briclayer, enter He worked in he hay harvest round London, Bot or st of his year the mettopols he cushioned the mec a A Stn View ofthe Seto Iran (1739-2)96 PANDAFMONIUM AND FINANCE CaPiTALisM seasonal and casual labour by svering over copper farthings passing them offs six penny bis, He was hanged in 1743."" "Thus, even for those Irish without apprenticeship training or ‘experience in urban manuficturing, the route to London was via 3 ‘Tynunnoceamy: Soctovocy oF riz Convene 97 cane 6: ‘Occupation ofthe Engh born outside London and hanged a ybars, 03-73, Aide varie of jobs. They came a veterans, sailors, pels, egal a ree ‘eetutingoficen, builders, mons, arweers and counterfeiters a an ‘They didnot Ind in London ax country bumpkins, to be preyed es = as upon by the sophisicates af che town. Fr from being prodics of Gent aan = a Saenclosed, organi’ communities of tadtional society, mow Sain | a ‘Were cosmopolitan of vera European counties, and somecines of Sales = hee Urce continents whose oot were aot illge if, though smn Cooney hoes 7 3 teers bom inwilages, but om the defensive insteations they create Som z oH to sustain themselves ina hand-to-mouth existence. Arias in c= 2 be Tendon id not sur tau shocks trough Se by Mipten the couencal and impersoral ole pong of moder in Foedon other intinuson inthe frm of fg Rowe, Bc tlie bawdyrhowes and receiving kes hatboued the wim oem of gag the Hanoverian enpite (or sring inspite fi) ined Sp, Hance, Funders and Grstany wel the we ott of Affe the West Indes and Now America, Kwa 3 ‘Shlom and an enpevene i found ye way the por Tendon, fom wit 1 woul oceonally emerge nthe te Ske of 168 to uke te London wrk cas experience opel “Fe examine Table 6 we cn nd thatthe dynamic of Engh tan igaton share saris wh he ry OE ca ce fom the tle tat about 12 per cent of the Engh tor ouside London had been tlm or olden. The experen fod been wich onamied and force expropriation on a inet fiona level For hem the road to London pased Uough thes lines dividing fe continents or slong muddy marches up hin ss Hans to Berger ap-Zoom, Maes, Destin mire “Thee men had experienced the relic of eighteent-cen gla caps long before thei socilogial eb in Tetdon The word they low opon coming fo London was Iruchlike the wor they fund once they got there, Of couse Area dicen son the guaterde han nthe ree course, one comports oneself diferently while being reviewed by the Duke of Cumberland than wile aranging with at innkeeper to desert. To this extent these migrants into London were well Acquainted with the ‘ole-paying’ required of them inthe iy. And, 4 on the field or on ship, in London cash boughe most anything (Old Mr Gory spoke clearly in Europe without having to take lan guage lessons, ‘othe lover of eighenth-century nove, London will be les Known ss the hub of imperii thsn the “Town’ with ‘Fahion? and ste “Seaton The expansion of the mereanst seo e Som os eal dc 0 he Concentration of consumption 4 judgement expresing a pasta teresental uth. Wherever capil predomintesindunty pews herever seven, semen wrote Adan Smith Rent wealth ibtineat te aing-, coc tts, ne aes ‘08 and drawing moms. Mainered onspiewows consumption ‘povided ie comic vjoc ofthe great oveb of the time ‘A constant and studious vitor tothe gallows during our period of sudy would have observed tha § percent of sctimy were schol servants tothe sly ~ ay ofthe non-London born ow prominent the them ism the liverture ofthe dy! We 2m Ontinays Asan, 9 September 38,7 Ap 74,27 Sepember 136.3 re Sombat, Lisa and Capt (Ann bor, 197), p24; Ada Smith Maron an 19 Apel 1h ‘rath oso (76), Be ce98 PANDAEMONIUM AND FINANCE CaPiTaLtsa, ‘Tyavenoonarny: Soctolocy OF TH CONDEMNED 99 “circumstance” changed profoundly, with regional specialization tinderging apd shi ()decine inthe Est Angla and West ‘Country tae 2) experimentation with modes of Pruction in London: and) mas resctarng inthe Nowth.n Chapter 9 tre examine th procen more clos As forthe county ibeuer {hey remind stat London wl 3 country town, “pin Midleon, an improving Middleexfamar writing 3 che of he cents 0 imagine the relcon of London the Simla surotnngcomnye series of concer ot “he fst of these, sarounding London, coms of towns and ve Ings dominated by garden nd ines farming forthe London sree matkes. Ouse thir rng composed oF the vil, cos fy houses and reas ofthe well cizeny Final the lange orbit consists of Midesex farmer sopping London, and thse ae of thee kins thse for whom farming secondary othe es tess in the City those who have gathered thr capital chewhere and to whom fing ia vetrement and thowe who are fem by prafewion The complementary dvsion of labour bene ton Sa county war noe new tothe eighteenth century. London eect ‘on egionl speciation of grill production bean in Tudor timex: What supeingm that 300 yes ater harmony inthe ‘change of agricul comimodiir i said to coonst with an Sago in he movensnt of labour, even when that movement as ene aspect ofthe movement of ef milk pes eri rin. key ca nd pes tothe iy se then ont ack co {he country" he nights and wares that erized the eyte “Their paren, Earth, ha i manner baited them fom hee ‘proms they have her no more suckle chem niles indy hs gathered them togetiey, Labour mat support them, and ths tis produce a sarpes fr bringing up chitten! Thu Stuart remackable frmltion ofthe development of expropriation and {coumolaon in agricakure “When tho tiles che gree shall tot henceforth ld unto thee her soengh foie tds vegabend that thou be in he earth Thus the Ontinay of Newgse aps Ged cre on Can othe agriclorl workers pining 1m Nempate Indeed the agricola bores who ended thie dys a Tourn vere fines and vagabond nthe earth, bt aha the us wrath ofthe Lon! hat spanted them fom thei pen, Earth ut the statutes and judicial dechione of the newly propertied the ‘remember Joseph Andrews, a parish child, who becomes a Footman, “ecompanies his mistress London and becomes lite too forward ln vios at the playhouses and assemblies The paternal protection of his master Sit Thomas Booby ses him fom further corrupdon and a rakes nemesis, Simlaty with Humphry Clinker, 'a poor Wilshire lid? and workhouse boy, who i taken into service by Matthew Sable td en 9 London, Tho lambing ring ling rushing. joing, mixing, bouncing, cacking, and crashing in one vile ferent of stupidity and corruption’. Bramble complains, "They Sesert heir dre and drudgery and swarm up to London, in hopes of tgeting into service, where they can live osusiowsly and wear fine Clothes, without being obliged to work; for idleness is natural to ‘man’ In London Humphry Clinker learns to aspire to a spiritual ‘equity with his benefactor, which almost causes him, but for the timely intervention of his master, to be hanged. The paternal care of Sir Thomas Booby and Matthew Bramble is contrasted with the Jmpersonal forces of Quarter Sessions, prison discipline and the {lows Te cighteenth-century now, wit is pteralst good feeling, Express the viewpoint of a genteel rer come to town to spend {none The question of labour disciple and kbour supply therefore {ppeated tothe parasitic and Ieiured class ofthe London gently as ‘Bove ll ele a servant problem, and few were the Augustan writers “plo didnot ate tei patrons by writing about the insubordination, Insolence and ambition of hovsehold servants. Tyburnography reminds us that this viewpoint was a selective one. (Of more significance were the London migrans who had started ie ts apprentices or country Iabourers. They comprised about 40 pet Cent of the migrants hanged at Tyburn. London was 2 centre of ‘manufactured productions. In this, it did not standin contradiction to the rst of England: the cis relations of particular trades were Imore developed in London than in other English towns, but were ‘notin qualitative opposition, Moreover, the integration of London manufactures within the social division of labour of the national market was on the whole harmonious, though of course fom the Standpoine of investors it might be more or less profitable to invest in ther areas, acording to Greumstances In exile production ‘ohn Char, Foe Common sd lternl Ted in Beier and Fink, op hay sah: FE) Paher, “The Development ofthe London Food ‘uo Ne Romo Hit Rs, ak (943 MA Vw of Ain i Mids (98,