Bold and Blooded

by Andrew Wareham

  That was obviously a significant statement – but Micah did not know why.

  “The whole Bench normally sits at intervals of about three months, to form the Quarter Sessions. Sometimes a judge of the King’s Bench will come on Commission of Oyer and Terminer to sit with them and then it is an Assize Court, in which the magistrates silently watch and learn. Normally, they are without such guidance. On special occasions, such as this, they may sit outside of their Quarter Sessions. They have the same authority as the Assize and may hang, transport, fine, imprison – though that is rare – or bind over any felon.”

  The implications were obvious.

  “Have they built a gallows yet, Captain?”

  “Probably. I found no need to ask.”

  “We are to keep the peace outside the courtrooms and at the hangings, I must suppose. That will need the two of our companies, sir. Waste of time trying to wake up the old garrison.”

  “We need as many men as we can lay our hands on, Red Man. We must kick the old men out onto the parade ground today and tell tonight’s sentries to turn a blind eye on runners. Those who desert will be useless to us in any case – no loss when they get out of our sight!”

  The two old garrison companies mustered fewer than one hundred men between them when finally brought straggling onto the parade square. Their three lieutenants were obviously trying to remember the commands and their proper sequence. The two sergeants were still fighting their buff coats, trying to button them over beer bellies that had grown massively since last they had worn full uniform.

  Captain Holdby stood in front of them and shook his head in simple amaze. He had never seen the like in all his days as a soldier. He winced as a pike clattered to the ground, bouncing off the head of a man in the front rank. He heard the muttered outrage, the self-justifying cry of ‘like what it slipped in me ‘and, like’. He counted the weapons displayed then marched along the ranks to inspect them, trailed by their lieutenants.

  Nearly sixty of long pikes, not identical but varying between eighteen and twenty feet, held to a wavering vertical. The blades, far above his head, showed rusty. The wooden staves were dry and showing signs of small cracks; they had not been oiled in years and would probably fracture at the first impact.

  “Useless! Those cannot go out to battle!”

  The lieutenants showed quite relieved at that thought.

  Thirty-five carried matchlocks, hauled out of the armoury for the first time in many months, dull and dusty and speckled with rust spots. He saw a spider in one flash pan. All were old, using the lever rather than a trigger, bringing the match towards the firer’s face and throwing powder sparks backwards towards the eyes with every discharge. Men did not like firing the lever matchlocks and often flinched away from them, ruining any chance of taking an aim.

  The men themselves were as decrepit as their weapons. Not one was less than thirty years and a good few were greybeards of forty or more, far too old to go out into the fields on campaign.

  Captain Holdby completed his inspection, saying no more to the three officers trailing him, then placed himself square in front of the two blocks of men.

  “Listen now! Tomorrow, we shall march into town and you will be placed as guards against disorder. I expect rioting and there will be stone-throwing. Cobblestones, very likely.”

  Cobblestones could weigh several pounds, were commonly of sharp-edged granite. The men eyed each other uneasily.

  “You will be under arms. Pikemen will leave the pikes in the barracks and will carry your short swords.”

  Captain Holdby had noticed that few of the pikemen were wearing their issued short blades. He suspected that most had been lost or sold or given away as useful tools for clearing brambles and slashing back overgrown hedges. Effectively, he was saying that half or more of the pikemen would be unarmed.

  “Matchlocks will be carried and powder and ball and match issued. Match will be lit.”

  Many of the men knew their barrels were rusted and corroded, possibly to the extent that their breeches would blow if discharged. They did not seem greatly enthused at their orders.

  “Full and smart uniform for the morning. Shoes to be polished. Morions will be worn, to protect your heads from the cobblestones, and should be properly shiny.”

  He was silent for a few seconds to allow them to think about all he had said.

  “Parade, attention! At ease! Sergeants, take over.”

  He marched off, trailed by the unhappy three. He led them to the mess, fighting for a straight face.

  “Do take a seat, gentlemen. Beer, after that performance?”

  They joined him in tankards, seeming to need refreshment.

  “Carry a working blade and pistols in the morning, gentlemen. Loaded, naturally. Six, I would recommend. I do not yet know your precise locations for the morning but assume that you will be placed at the new market square. I think the gallows will be erected there. The malignants are to be tried and there is a charge of murder of a constable in the pursuit of his duty against two of them. Odds are those two at least will swing by the neck, and a good chance for two of the others.”

  “That means there will be a crowd gathered, does it not, sir?”

  “Of a certainty, Lieutenant Oldworthy.”

  The lieutenant made it clear that crowds were not part of his military agenda and settled to sulk in the corner.

  The youngest of the three was the most alert and had passed through the new market place earlier in the week.

  “They are repairing the paving there, sir. There are piles of granite setts to the side, sir. Big ones and new cut with sharp edges.”

  “Oh dear! Best you should keep an eye on those, Lieutenant Badger. Could be unpleasant if you get those about your ears. Warn your sergeant of the possibility.”

  All three left hurriedly to do so. Captain Holdby fled to the company offices to regale Micah with the tale.

  “Never seen so many brown breeches in my life, Red Man. They’ll be over the wall and gone as soon as the sun sets, led by their officers probably. Good riddance to ‘em!”

  Micah had watched the parade in some awe – he had never seen its like.

  “Should we put some ladders out, sir? Not the nimblest-seeming of fellows, those men. They might thank us for the assistance.”

  Captain Holdby gave way to the bottled-up laughter and shook his head.

  “No sentries on the gate tonight – send Corporal Meadows out to that post. He will be asleep within ten minutes of sunset.”

  “Really, sir? They will never believe that the whole post is sat in the gatehouse and dozing, will they?”

  “No. Better that I should tell the lieutenants to allow the men liberty to go out this evening. Passes to end at midnight, perhaps. That should make it easy enough for them to leg it down the road or hide up in their favourite drinking dens. They’ve been here long enough that half of them have probably got women of their own in town – possibly even wives – and can go to ground with them.”

  The morning saw the whole garrison on parade. Colonel Knighton’s Regiment mustered one hundred and seventy men fit for duty with twelve sick and one absent in his mind but present in the ranks. The originals showed one lieutenant, two corporals and twenty-five of the youngest men; they were well-polished and their beards were combed and they looked almost like soldiers.

  Captain Holdby was pleased that the few had shown willing. Men were in such short supply that the two dozen were very useful.

  “Major Figgis’ men to report to the armoury to draw short swords. Surrender those old matchlocks. You will be issued new later this week. Well done, those of you who have come to your duty. Lieutenant Badger, make your men up into one company and follow Lieutenant Slater’s Seventh Company. He will show you your place of service.”

  Micah marched his and Badger’s company to the courtrooms and set the bulk of them in a cordon around the outside with orders to keep the windows safe from stone-throwers. He brought Corporal Albrigh
t and his section inside to hold the cells and stand with him in the actual court.

  “What do we expect, sir?”

  “Nothing – and anything, Jasper. Any of those present might be covert malignants, for all we know. There will be no escapes – that is an obligation upon us. If the need arises, we will shoot any of the accused who run. Justice will be done upon them, whatever may eventuate.”

  “Upon their own heads be it, sir. The Lord is not to be mocked.”

  “Well said.”

  It occurred to Micah that the magistrates were selected from the richest of the town, appointed by the Lord Lieutenant of the County of Lincolnshire; they would naturally be taken from those he assumed to be King’s Men. He would have been mistaken in some, but not all. It might be necessary to hold them to their duty.

  He had chosen to carry all of his pistols and his field sword rather than the ceremonial rapier; hitched the crossbelt clear of his coat to ensure they could be clearly seen. No harm in reminding the magistrates that he was present to ensure the cause of justice should not fail.

  The magistrates entered the room at the stroke of ten o’clock by the church bell. They sat themselves, nine strong, four on each side of the Chairman of the Bench. Micah recognised Mr Fuller, knew none of the others but thought he had seen two at the meeting of a few days earlier.

  The Bailiff called for the first of the accused.

  “Let James Cooper stand before the court.”

  Micah knew that Cooper had been allowed out of the gaol to settle his affairs and had taken himself and his family to the safe city of Lincoln.

  The Bailiff called Cooper three times before gravely announcing him to be delinquent.

  The Chairman made a formal note and declared that a warrant should be issued for the arrest and detention of the said James Cooper who had absented himself from justice.

  There was no mention of who had allowed him out of custody or why; Micah presumed he had been able to pay off the right man.

  Ernest Toller was called next and was marched up from the cells where he had been held and placed in the dock.

  “Ernest Toller, you are charged that you purchased muskets, swords, pistols, pikeheads and amour in breach of the peace and to terrify and abuse the people of Stamford. How will you plead?”

  “Guilty but under duress, sir.”

  The Chairman shook his head – no such plea existed in law.

  “You must plead not guilty if you wish to bring evidence that you were compelled against your will, Ernest Toller.”

  “Then Not Guilty, Your Honour, but not wishful to show disrespect to this court.”

  Micah thought there was a good chance that Toller might preserve his neck, and possibly some of his worldly wealth by that plea.

  The evidence was placed before the court – Toller was shown to be in possession of weaponry that could be used in war.

  In strictest law, a defendant could not plead in court – if his side was to be heard, it must be presented by his lawyer; a barrister – expensive and uncommon outside of London - was specified for the senior courts such as Quarter Sessions and Assizes. The Chairman waived that provision, announcing the court to be out of the ordinary run, convened in response to the emergency upon them.

  “Speak, Ernest Toller.”

  Toller briefly stated that he had been ordered – not requested – to make the purchase by the Lord Lieutenant’s officers.

  “They said that it would go ill for me if I refused them, Your Honour. And, as well, they said they would pay me, when all was in their hands, but I have seen no money and have been left with dangerous goods on my shelves.”

  The magistrates conferred and argued and came to a verdict – all in public, still sat in their long row.

  The Chairman hammered three times with his gavel, precursor to the formal announcement.

  “Ernest Toller, we find you guilty of possessing weaponry for an unlawful purpose. We accept that you were subjected to a degree of coercion, though to what extent is unclear. We note with some displeasure that you did not seek the advice and assistance that good men of the town might have offered you. In view of the sum of the mitigating and aggravating factors, Ernest Toller, our sentence is that you shall be taken from this place to the whipping post, there to receive a score of lashes, well laid on. The unlawful goods already confiscated from you shall not be returned but will be placed in the hands of the valiant soldiery, our defenders. Furthermore, you shall place a bond of twenty pounds sterling in the hands of the Bailiff, to be forfeited in case of further malfeasance and to be returned to you in twelve months from this day assuming good conduct on your part.”

  The combined effect was to bring Toller close to insolvency, yet he could make a recover, with years of hard work. He had feared the gallows and expressed his true thanks for the mercy of the court. He was returned to the cells to wait on the Bailiff’s convenience.

  The magistrates included several of the elderly whose bladders were calling and they adjourned for ten minutes for their benefit. On their return the Bailiff shouted for Kit Plummer to show himself; to his amaze, the carpenter answered the call and was placed into the dock.

  He was charged with giving aid and comfort to malignants planning to breach the peace.

  The evidence was thin, nothing having been discovered in his premises. The court heard that he had cried ‘God Bless the King’ rather frequently. When asked if that were true, he responded that the King showed by his behaviour that he was much in need of God’s grace.

  The court acquitted Plummer, to the satisfaction of all. The crowd that was slowly gathering as the word of the trials was passed, cheered him as he left the premises.

  Micah stared out of the window as the court prepared for the next case and decided that the crowd was no more than that; it had not yet become a mob.

  John and Jack Farmer were manhandled up from the cells, both kicking out and swearing at the constables holding them. They were charged with the wilful murder of Constable Amos Creek and with the possession of the weaponry placed before the court.

  The evidence was quickly offered and was overwhelming – the constable had been killed in the execution of his duty; the arms had been discovered in the Farmers’ barn.

  When offered the opportunity to speak they said only that they had the right to kill any man who forced his way onto their land, no matter who or what he might be.

  The Bench came to a verdict in seconds and the Chairman unfolded a square of black silk and placed in over his head as a cap. He announced them to be jointly and severally guilty of murder. They were to hang.

  Their sole response was a mutter of ‘sod you’ before they were taken downstairs.

  James Cooper took their place and was charged with possession of supplies to be placed in the hands of malignants. Barrels of gunpowder, ball and hard biscuit were produced as evidence. He argued that the powder and ball was for the hunting of deer and the hard biscuit no more than winter food for those unfortunates whose harvest had been insufficient for the coming cold season.

  The Bench argued long on a verdict. Micah caught the Chairman’s eye and stared hard at him, silently demanding a conviction. The result was identical to that given to Ernest Toller.

  The Bailiff began to order the convicted man to be taken down to the cells. Micah shook his head.

  “Get it over with, now! March them to the gallows and the whipping post this instant. I shall escort you. Do it before the mob rises.”

  “Sentences have got to be sent to Lincoln, Soldier. The Lord Lieutenant has got to confirm them. That’s the law. That’s how it’s done.”

  “Not no more, Bailiff. Get them moving!”

  The Chairman of the Bench heard and said nothing. The Bailiff looked at the soldiers and their ready weapons and ordered the felons out of the cells and under escort.

  Micah turned to the magistrates, invited them to lead the procession to the gallows tree, being aware, he said, that they would wish to see t
heir justice executed. They dithered for seconds and then left the Bench to form up in twos behind the Chairman in solemn state. The Chairman wore his black cap again, not strictly in accordance with ordinary practice but offering a clear statement to the crowd.

  “Corporal Albright, your men to escort the prisoners, walking if possible. The Farmers are to display dignity, whatever means are needed to keep them quiet and docile.”

  Jasper stood to a brief attention before running his men down to the cells. He sent a private soldier back up within two minutes.

  “Beg pardon, sir, but there ain’t no proper whips made up, sir. No cat of nine tails, sir. Some willow withies, sir, and that’s it.”

  The willows were canes used for flogging delinquent boys on their bare arses to their public humiliation.

  Micah thought quickly.

  “Bailiff, strip the two to the waist and tie them to the whipping post then lay on a single stroke to the back with a withy, none too hard, and announce it to be a token against their good behaviour. Should they show malignant again, they will be brought back for the whole and proper punishment.”

  “Aye, sir. The ordinary folk will appreciate that, sir. They don’t like floggings, reckons they’re cruel, so they do. Don’t mind hangings, mark you, but they got a down on they old whips.”

  That was a worthwhile piece of knowledge. Micah offered his thanks for the comment.

  There was a thin crowd lining the streets, all of men and boys, not a female to be seen. They fell in behind the procession and marched to the hanging tree. Captain Holdby was waiting with the second company and quickly nodded Micah’s men to their positions.

  “Two to swing, sir. Two for a token beating. All of them given a punishment but nothing in excess. The Chairman of the Bench has led the magistrates here to give their approval. Should keep the mob happier than if it was just the soldiers doing the job.”

  “Well thought, Lieutenant Slater. Funny seeming crowd – they are waiting for anything to turn them one way or another. Might be a celebration; might be a fight with the soldiers killing them by the score. Keep your match lit.”