There are indeed moments when the immediacy of the spoken word strips away the years. The Reverend Andrew Paschall, rector of the Somerset village of Chedzoy, tells us how, when the rebel Duke of Monmouth’s men were first detected in their night attack on the royal army’s bivouac at Sedgemoor in 1686, a trooper of the Horse Guards galloped
full speed to the camp, calls with all imaginable earnestness, 20 times at least, ‘Beat your drums, the enemy is come. For the Lord’s sake beat your drums.’ He then rode back with the like speed the way he had come … Now the drums beat, the drummers running to it, even barefoot for haste. All fly to arms.30
Yet there are as many times when the period seems more ancient than modern. It is easy to forget how deep the iron of Charles I’s execution had entered into the royalist soul. On 17 September 1661 (with young John Churchill still unbreeched) John Evelyn wrote:
Scot, Scroope, Cook and Jones, suffered for reward of their iniquities at Charing Cross, in sight of the place where they put to death their natural Prince, and in the presence of the King his son who they also sought to kill. I saw not their execution, but met their quarters mangled and cut and reeking as they were brought from the gallows in baskets on the hurdle. Oh the miraculous providence of God!31
Male traitors were hanged, drawn and quartered, a gruesome process that involved being dragged through the streets on a hurdle, partially strangled, and then castrated and disembowelled. The victim’s guts were ‘burnt before his face’ before he was beheaded and quartered. By 1745 the executioner would customarily leave his victim hanging long enough for him to be unconscious, but as late as 1715 some men were ‘bowelled alive and seeing’. The victim’s quarters, duly pickled for longevity, were stuck up at suitable points to ensure that the message was widely distributed. When Captain-Lieutenant Sir Thomas Armstrong of the Life Guards was executed as a traitor in 1683 one of his quarters was sent off to Stafford, where he had been Member of Parliament. The monarch might, by exercise of his prerogative, remit the punishment to beheading or simple hanging. At the time of the Popish Plot (1678–81), William, Lord Russell, had argued that the king did not have it in his power to show such leniency, and when he himself was convicted of treason in 1683 he bravely made no personal appeal for clemency. He was granted the favour of the axe, although the executioner botched his job.
Female traitors, whether they were guilty of high treason towards the monarch or petty treason – an act against what was perceived as being the natural order of things, like the murder of a husband or employer – were burnt at the stake. This too might be commuted to beheading (as it was for Alice Lisle, executed in the square at Winchester in 1685), or the executioner might be privately ordered by the sheriff to stab or strangle his victim before the fire took hold. The devout and philanthropic Elizabeth Gaunt, convicted of harbouring rebels after Monmouth’s rebellion in 1685, probably has the dreadful distinction of being the last woman in Britain to be burnt alive by judicial process. She met her end with exemplary courage, but the spectacle was profoundly shocking even to spectators used to brutality. Gilbert Burnet wrote that ‘Penn, the Quaker, told me, he saw her die. She laid the straw about her for burning her speedily, and behaved herself in such a manner, that all the spectators melted in tears.’32
There was a widespread feeling that such savagery went against the spirit of the age, and James II’s inability to understand this was not least amongst the causes of his failure as a monarch. It also ran squarely against what seemed to be natural justice. Lord Grey of Wark, who had commanded Monmouth’s cavalry with towering ineptitude, bought his life for a full confession, the surrender of large parts of his estates, and the promise to give evidence against other prominent members of the rebellion. When he testified against Lord Delamere, arraigned before his peers on 16 January 1686, he proved such a poor witness that Delamere got off. The first peer to give his verdict that day was John, Lord Churchill, the junior baron present, who announced: ‘Not Guilty, upon my honour.’
The barbarity of gallows, pyre, block and pillory sits uncomfortably alongside the poetry of John Dryden or the witty dramas of Aphra Behn. It was there in the background when Steele sketched out that genial baronet, Sir Roger de Coverly.
He is now in his Fifty sixth year, cheerful, gay and hearty, keeps a good House both in Town and Country; a great Lover of Mankind; but there is such a mirthful Cast in his Behaviour, that he is rather beloved than esteemed: His Tenants grow rich, his Servants look satisfied, all the young Women profess Love to him, and the young Men are glad of his Company: When he comes into a House he calls the Servants by their Names, and talks all the way up Stairs to a Visit. I must not omit that Sir ROGER is a Justice of the Quorum; that he fills a chair at a Quarter-Sessions with great abilities, and three months ago gain’d universal Applause by explaining a Passage in the Game-Act.33
The Game Act of 1670 limited the right to kill game to those owning property worth £100 a year, perhaps half of one per cent of the population, and was rigidly enforced by justices of the peace like Sir Roger, whose helpful legal explanations might have escaped a defendant who stood to lose the skin off his back if convicted. But it was wholly consistent with the spirit of the age that Sir Roger spent his morning in vigorous pursuit of a hare, only, at the very end, to scoop up his exhausted quarry and release it in his park, where it joined ‘several of these Prisoners of Wars’, for he ‘could not find it in his heart to murder a Creature that had given him so much Diversion’.34
Sir Roger ‘fought a Duel upon his first coming to town’, and there too he was in good company. While Richard Brinsley Sheridan was later to write of ‘sharps and snaps’, in our period the flintlock pistol (‘snap’) had not yet come of age as a duelling weapon, although Major General William Stewart and Captain Thomas Bellew agreed to use pistols when they met in 1700 because both had wounded right hands. Gentlemen usually went at one another with their small swords, either in the relatively formal circumstance of a duel, or the wholly casual surroundings of coffee house, club or street.
Affairs of honour swept up all those who thought, however flimsy the grounds, that they might have honour to defend. Peter Drake rubbed along at the very bottom end of gentility, and when he kept the Queen’s Arms tavern near St Clement Danes he ‘provided bob-wigs, blue aprons, etc, proper for the business of a vintner; these I wore at home, but could not yet leave off the tie-wig and sword when I went abroad’.35 He duelled whenever the mood took him. Scarcely had he reached Holland, with the first of his many regiments, in 1689, than he had cross words with ‘one Butler, who was a quartermaster in a regiment of Dutch horse … I ran him in the sword arm, and he ran me through the left breast, and so we parted, to take care of ourselves.’36
Nearer the top end of the social scale, the most celebrated duel of the age saw the Whig Lord Mohun, a reformed rake who had already twice been tried by his peers for murder, and the Tory grandee the Duke of Hamilton (who had sired an illegitimate child on Marlborough’s own bastard daughter), just appointed ambassador to Versailles, meet in Hyde Park early on the morning of 12 November 1712. Mohun and Hamilton rushed at one another ‘like wild beasts, not fencing or parrying’. Mohun, run through the chest, was killed on the spot, but he lashed out as he fell and the tip of his small sword opened a vein in Hamilton’s arm,