The Parochial History of Cornwall/Volume 1/Crowan
CROWAN.
HALS.
Has situate upon the north Camburne, west St. Erth, south Sythaney, east Wendron. At the time of the Norman Conquest this parish was taxed either under the jurisdiction of Lanmigell, viz. Michael's Mount, temple, or church, or Caer, id est, a city or castle, now Caer-ton, Castletown; so called from the British treble entrenchments of turf and stones yet extant in this parish. At the time of the Inquisition of the Bishops of Lincoln and Winchester, 1294, Ecclesia de Crowen, in Decanatu de Penwith, was rated viii/.; vicar ibidem, XL/. In Wolsey's Inquisition, 1521, 11/. 9s. 0½d; the patronage in Sir John Seyntaubyn, the rectory in Seyntaubyn, the incumbent Glyn. The parish was rated to the 4s. per pound Land Tax, 1699, 177/. 10s. This church was endowed by the Prior of St. Michael's Mount, its patron. After its dissolution 26 Hen. VIII, it fell to the Crown; from whence, as I am informed, the patronage was purchased by Thomas Seyntaubyn, Esq. Sheriff of Cornwall 37 Hen. VIII.
Clowens, in this parish, id est, White Cloos, those sort of grey marble stones so called, whereof an innumerable strag of them are visible upon a great part of the lands of this barton above ground, particularly in the Deer Park. Mr. Carew tell us, that Clowens is derived from the Greek κגw, cloow, to hearken. But glewas in Cornish is to hear, and golsowins, to hearken. This place for many ages hath been the seat of the genteel and knightly family of the Seyntaubyns, now Baronets, whose first ancestor came out of Normandy, a soldier, with William the Conqueror, 1066, who first settled himself at . . . . , in the county of Devon and in process of time Guy Seyntaubyn (afterwards knighted), Sheriff of Cornwall 22 Richard II. as I take it, first settled himself in this place, and married Alice, one of the daughters and coheirs of Sir Richard Sergreaulx, Knight, Sheriff of Cornwall 12 Richard II. (who died at Killigarth, or Colquite), by whom he had issue. But after Sir Guy's death, his lady Alice having her lands all in her own dispose, married Richard de Vere, Knight of the Garter, and the llth Earl of Oxford of that house; by whom he had issue John the twelfth Earl of Oxford; and Sir Robert Vere, Knight, that married Margaret, the daughter of Sir Hugh Courtenay, of Haccomb, Knight, heir to her mother Philippa, one of the coheirs of Sir Warren Archdeacon, Knight, by the which Margaret he had issue John, who married Alice, daughter of Walter Killrington, Esq. by whom he had issue John fourteenth Earl of Oxford, that died without issue 14th July 1526 [See KILLY GARTH], upon whom she settled most of her lands, and deprived her issue by Seyntaubyn thereof.
Thomas Seyntaubyn, Esq. was Sheriff of Cornwall 37 Henry VIII. Thomas Seyntaubyn, Esq. was Sheriff of Cornwall 30 Elizabeth. John Seyntaubyn, Esq. was Sheriff of Cornwall 11 Charles I. John Seyntaubyn, Esq. was Sheriff of Cornwall 13 Charles II. who married Godolphin, and had issue John Seyntaubyn, Esq. (my very good friend) that married Anne, one of the coheirs of James Jenkyn, of Trekininge, Esq. who by letters patent, bearing date 11 March 24. Charles II. was created the 797th Baronet of England. He had issue by her, Sir John Seyntaubyn, Bart, that married Dela Hay, and had by her issue another Sir John Seyntaubyn, now in possession of this place.
This famous worthy family, as it descended downwards, married Sergreaulx, Colshill, Whittington, Grenvill, Mallett, Godolphin, and others. The arms of Seyntaubyn are, Ermine, on a cross Gules five Bezants. And the said family was denominated from Mount Seyntaubyn in Normandy. Finally, as Sergreaulx's heir, after the death of Sir Guy Seyntaubyn, passed away her lands from her issue by him to her children by her second husband, the Earl of Oxford aforesaid; so Jenkyn's heir, after the death of Sir John Seyntaubyn, Bart, disinherited her heir by him, and sold most of her lands for the payment of her second husband's debts, Mr. Spencer, of Lancashire; and after his death married one Mr. Page, for whose benefit she did her son Seyntaubyn what further damage she was able to perform by sale of more of her lands. So unconstant and irregular are some women's affections.
Tregeare or Tregeire, Cornish Saxon, in this parish, id est, the dwelling of honour, or the honourable dwelling, gave name and original to a British family, from thence denominated De Tregeare. It is now in the possession of my very kind friend Richard Tregeare, Esq. Sheriff of Cornwall 3d of Queen Anne, and Receiver of the Land Tax temp. William III. who married Rawle, the relict of, but died without issue, who left his estate to one of his name (though none of his tribe or blood, as I am informed), who gave for his arms, in a field Argent, a fess Gules, between three Cornish daws Proper.
TONKIN.
For the name of this parish, it is in Cornish Crows-on, the cross; probably so called from some notable cross erected in the parish.
But nevertheless, I learn from others that the name is derived from its female patroness, Sancta Crewenna, and not from any noted cross. In the Lincoln Taxation it is written Ecclesia Sancte Crewenne: which Crewenne, says Leland, came over from Ireland with St. Breage, or Breaca.
Mr. Tonkin reports what is stated by Mr. Hals of the family of St. Aubyn, and adds, in the year 1733: This family has been no less than six times Sheriff of Cornwall. They have served their prince and country, not only in the office of sheriff, but also as members of parliament and as justices of the peace.
The Sergreaulxes were of old a family of noble fame and worth in this County. It appears, from Carew's Survey, that Richard de Sergreaulx held three fees by the tenure of knights' service, tempore Henry IV. at Killigarth, Lerneth, and Lonsallos. Also, he had Killcoid (now Colguite) in the parish of Holland.
Tregeare, in this parish, Tre(g)eor (the g euphoniæ gratiâ to avoid an elision), is the mansion of an old family from thence denominated. Arms: Argent, a fess voided Sable, charged with three Torteauxes between three Cornish choughs Proper. Tregeare, interpreted, signifies not only a dwelling in honour, but an honourable dwelling; neither had the Saxon nor Kernawith Britons any other word to express honour or honourable by than the termination ge or gor, as appears not only from that incomparable antiquary Verstegan,[1] but also from the names of divers places among our ancestors. I have further to add respecting the word geor, and as we have many places so called in the County I shall once for all endeavour to give the true meaning of it.
Geare, fruitful, from guer, viridis, green (see Lhuyd's Archæologia, vol. i. fol. Oxford, 1707, p. 174,) as this estate is at present, and as all others of the same name, I presume, formerly were. The family of Tregeare are said to date from before the Conquest.
Manor of Hellegar and Clowance: For Hellegar was formerly the chief place, and signifies the hall or place on the Downs; and there was lately standing there, and I believe yet remains, a hall of large dimensions. This was anciently the seat of a family bearing the same name; whose arms were, Gules, a bend Vaire between six cross-crosslets Or. Sibill, one of the daughters and co-heiresses of this house, married Pierce Kemell, or Kymyell, of Kymyell, in St. Buian, whose arms were, Argent, three dolphins in pale Sable. Elizabeth, one of the daughters and coheiresses of Pearce Kemell, married Geoffrey St. Aubyn, the second son of Guy St. Aubyn, Knight, and brought to him, with several other lands, this manor of Hellegar and Clowance.
THE EDITOR.
Mr. Hals commits an apparent mistake in assigning the advowson of this parish to Mr. St. Aubyn at the period of Wolsey's Valuation, and then stating that it was acquired by purchase at the general dissolution of religious houses.
It is probable that the advowson was acquired when the alien priories, or all such houses as were cells in England subject to monasteries abroad, were given to the King by an Act of Parliament, 3d year of Henry V. A.D. 1415. See the statute in original Norman French, vol. vi. p. 986, of Dugdale's Monasticon, London, 1830; and in Latin, vol. ix. p. 281, of Rymer's Fœedera.
Sir John St. Aubyn, mentioned by Mr. Hals as in possession of Clowance at the time of his writing, represented the County in Parliament, and acquired popularity by opposing the administration of Sir Robert Walpole. He married Catherine, daughter, and eventually coheiress of Sir Nicholas Morice, of Werrington, and the Lady Catherine Herbert, and great-granddaughter of Sir William Morice, Secretary of State at the Restoration.
This lady brought a fortune of ten thousand pounds, which, the Editor remembers to have heard from a very aged member of the family, were conveyed in two carts from Werrington to Clowance, all in half crowns, and that he assisted in taling them.
But in addition to ten thousand pounds Miss Morice also received at her marriage, or afterwards succeeded to, the manor of Stoke Damarel, on the Eastern bank of the Tamar, near Hamoaze, and purchased not a long time before from the Wises, a respectable family in the South of Devon, for eleven thousand five hundred pounds.
On this manor all the dock yards and government buildings have been constructed, and the whole town of Plymouth Dock, now Devonport, has been built, together with Morris Town, Stoke, &c. so that the annual income has risen to perhaps three or four fold the original purchase money.
This Sir John St. Aubyn left a son of his own name, and three daughters, who married Basset, Molesworth, and Buller.
The son, Sir John St. Aubyn, had also the honour of representing the County in Parliament. He married Miss Wingfield, from the North of England; and dying in October 1772, left his estate to an only son, the present Sir John St. Aubyn. He left also four daughters, who have married Prideaux, Molesworth, Lennard, and White.
Mr. Lysons states that the church of Crowan was given by William Earl of Gloucester to the Priory of St. James, in Bristol, which was a Cell to Tewkesbury Abbey. If that is so, Mr. Hals must be entirely mistaken in assigning the advowson to a St. Aubyn at the time of Wolsey's Valuation.
Mr. Lysons also says, that Kerthen, in this parish, belonged to a family of the name of Cowlins, from whom it passed to the Godolphins by a marriage.
Leland was entertained at Kerthen in the course of making his Itinerary, by a Mr. Godolphin, who resided there. Leland, however, writes the name Cardine.
In submitting to the press by far the greater part of Mr. Hals' Manuscripts, and also of Mr. Tonkin's Manuscript, in so far as it differs from the former, the Editor has been especially careful to preserve all such anecdotes and narratives of events as may tend to illustrate the manners or the opinions of the times to which they relate, adding to them many that have come to his knowledge from other sources.
Just a hundred years ago such a series of events took place with reference to the possession of Skewis, a farm in this parish, as would induce any one of the present time to think that he must be living in another land, under a different administration of the laws, and in a totally dissimilar state of society.
Skewis had been, for I know not how long, the freehold patrimony of a succession of yeomen proprietors of the name of Rogers. There were now two brothers, the elder married and lived on the farm, but without a family, the younger brother, Henry Rogers, married and had several children. He carried on for several years in Helston the trade of a pewterer, then of considerable importance to Cornwall, although it is now lost. A large portion of the tin was then exported in the shape of pewter made into plates, dishes, &c. all of which have been superseded by earthenware. At the first introduction of earthenware, provincially called dome, it was a popular cry to destroy the dome, and to bring back the use of tin. He had for some years retired to this parish.
I have made many diligent inquiries about Henry Rogers, and they have not gone to represent him as a bad man, but as one little in the habit of restraining his passions, of great bodily strength, and of what is termed a wilful disposition; and his prejudices were probably supported by an opinion, still prevalent among country people, that freehold lands, which have once descended to an heir cannot be alienated by any possessor without the concurrence of his heir.
The elder brother died, wben a will was produced giving all the freehold property to his widow, whose maiden name was Millett. Henry Rogers averred, and possibly believed, that the will was spurious, and would be invalid at all events. Under that impression, and despising legal remedies, he waited for an opportunity when his sister-in-law was from home; he then turned some female servants out of the house, and took forcible possession. The widow of course appealed to the law, with the voice of the whole country, however, against her; and it is universally reported that Sir John St. Aubyn, the principal gentleman of the parish, would have supported Rogers in a legal proceeding. However that may be, he prepared for violence, and refused to yield up possession when judgment was given against him; so that the Sheriff was at last directed to eject him by force. But Rogers got several persons, ignorant and lawless as himself, to remain with him in the house, which had been barricaded and adapted for defence, and great numbers of people, partly from curiosity, but in part also to countenance his resistance, having assembled on the spot, the civil power was completely resisted, and two men killed by shots from the house; the Under Sheriff himself having narrowly escaped,—as he states in his evidence, rather ludicrously, that the discharge of a gun from the house burnt his wig and singed his face.
This happened on the 18th of June, 1734.
On the following day the Under Sheriff came back, assisted by some soldiers, who were fired on and one killed. They returned the fire, but without effect. And then, which would appear almost incredible, Rogers was allowed to remain in quiet possession, after these murders, till March of the following year, when he was again blockaded by soldiers; and the siege, I apprehend, continued for several days, with the loss of two more men, when at last cannon were brought from Pendennis Castle. On the night following their arrival, Rogers contrived to effect an escape. He travelled on foot, and got as far as Salisbury, with the intention, as he stated, of making his case known to the King.
Whatever might have been the opinions of gentlemen, and educated persons, on the abstract merit of his case, it became impossible for them not to join in bringing to condign punishment one who had thus taken away the lives of innocent persons, and set at equal defiance the laws of God and man.
Sir John St. Aubyn now took an active part in endeavouring to secure the fugitive, and being through his marriage connected with the Herberts Earls of Pembroke, who resided in the neighbourhood of Salisbury, handbills descriptive of Rogers were circulated round that town. I have always heard that a postboy, driving homewards a return postchaise, was accosted by a stout man walking with a gun in his hand, requesting to be taken in. The boy drove him to the inn, where he procured a bed; but the circumstances and description had excited strong suspicion, and he was secured in his sleep.
The prisoner was of course removed to Cornwall. He was there convicted of murder, together with John Street, who seems to have been his principal partisan, and both made an atonement for their offences with their lives.
Through the favour of Lord Hardwicke, I have procured a copy of the evidence, and a portion of the charge given to the Grand Jury, in reference to those prisoners, by his Lordship's grandfather, the justly-celebrated first Earl of Hardwicke and Lord Chancellor.
Launceston, Aug. 1, 1735.
The King against Henry Rogers and John Street.
Indictment for murder of William Carpenter, by shooting him in the back with a gun charged with leaden bullets, 19th June 1734, at Crowan, in com. Cornub.
Plea, Not Guilty.
Sergeant Chappie pro Rege.
Stephen Tillie was Under-Sheriff 1734. 8 June 1734 received a writ of assistance under the great seal. 31 Maij, 7 Geo. II. writ of assistance, reciting the writ of execution of the decree and writ of injunction, whereby possession was to be delivered to Anne Rogers, commanding to put Anne Rogers into possession, and to remove and expel the said Henry Rogers, his tenants, and accomplices, from possession of the premises.
18 June he went to the house; the prisoner was in the window, and held a gun at him; he called to him, and told him that he had the king's writ, and must have possession; would not meddle with his person.
Prisoner said Lord Chancellor made an unjust decree. He said that then he might deliver possession and appeal. Swore, damn him, he would not deliver possession. Saw two or three hundred people. Read the proclamation. The prisoner fired a gun, burned his wig, and singed his face. One of his officers said he was shot through the head. Expostulated again. Then he swore if the King and Lord Chancellor came he would not deliver it. Several guns were fired. He told him he would give him time till tomorrow morning eight o'clock. Sent to Captain Sadler for a few soldiers; the captain sent them; he went with them; he demanded entrance. Prisoner said, "Damn you, are you come again?" A gun was mounted out of the hole cut in the door within an inch of his body; discharged; and it shot Carpenter, who fell with it, and said he was a dead man. Another gun fired, and shot Hatch, his servant. Rogers had a gun in his hand when he first saw him, and afterwards came out with a gun in his hand. Carpenter was a bailiff to the sheriff, and he had commanded him to go to his assistance. Mrs. Rogers, the plaintiff, was there both times.
George Ellis. 18 June was desired by Mrs. Rogers to go with them. Rogers and his wife in the window, and had a gun between them. Mr. Tillie demanded possession. Prisoner said he would not; swore and cursed, and said he had strength enough to defend his possession against any person; insisted the estate was his. The Under-sheriff expostulated with him, and told him if he had a right, his best way was to submit to the law. Sheriff read the proclamation. Rogers asked him to drink a dram; he went for it, and in the meantime his wife held the gun; guns were fired.
19 June went again. Under-sheriff told him he hoped he was in a better mind now, and would deliver him possession. Refused. A gun fired from the house. Soon after, heard it called out that Carpenter was shot in the back, and a soldier shot in the groin. He is a sureon, and dressed Carpenter; found him shot from about the fourth rib to his buttock; many slugs and jagged pieces of lead in it.
Between two and three hundred men there the first day, and a great many the second day, but not so many. Sir J. St. Aubin having sent out his steward, heard the under-sheriff ask him who were in the house. He said only his own servants.
No gun was fired, or any force used by any of the Under-sheriff's company till Carpenter was shot.
Mr. Lukey, surgeon. Found a gun-shot wound in the small of his back. He saw him on Wednesday the 19th, died on Friday. It was a great quantity of small shot; thinks the wound went through into his belly.
Samuel Hatch, servant to Mr. Tillie, the Under-sherirT. 18th was there. The Under-sheriff read the King's writ to him. He did not see who fired the gun, but saw no man in the house that day but Rogers, whom he knows.
Cannot say he saw Rogers fire the first time. Carpenter was shot, and another soldier shot, and two men wounded before any of the soldiers or Sheriff's company fired. He was shot with slugs.
Richard Visam. Was there the first day, aud the Sheriff read and showed him the writ; told Rogers that if he would try the cause again he should be as ready to put him in as to take him out. He was there again the second day. The Sheriff told him he was come again to do his office, and desired him to be easy. Gives the same account, and that the soldiers did not fire till after Carpenter was shot.
As to Street.
Edward Williams. Was at Skewis House the 19th day of June 1734. Saw John Street there in the house, with a sword in his hand. Kept people in the house, and said he would run any body through that offered to go away; said now was the time to do a friend service; assisted Rogers by keeping persons in by force; the Sheriff was then come to demand possession.
Street was in the house when the firing was.
Rogers's wife was apprehended by the time the Under-sheriff came to the house.
Mr. Black, ensign, was there with the soldiers; with the others; had orders from the commanding officer to attend the Sheriff. No firing by the soldiers or sheriff's company till Carpenter and a soldier killed.
John Ellett was one of the soldiers who went with the Under-sheriff to assist him. Agrees with the rest, that Carpenter was shot from that part of the house where he saw Rogers. There was no firing by the soldiers or the sheriff's assistants till Carpenter was wounded.
Henry Jeffries was corporal to the party. Heard the Under-sheriff read the proclamation, and demand entrance; when Rogers refused.
Carpenter went up and struck at the door; and as he turned about was shot in the back; he was shot in the leg; had orders from the Under-sheriff to fire.
The Prisoner. Had good counsel, and thought he had a good right to the estate; was unwilling to deliver it up the first day; told him he intended to appeal; said if he did not deliver possession he might bring a writ of rebellion against him. Sheriff swore he would have possession. Sheriff went off, and he did not expect to see him again. Next morning heard the soldiers were coming. Sent his wife out; they seized her. With beat of drum the Sheriff and soldiers came and fired at him; the soldiers fired about five rounds apiece.
Henry Berriman. 18 day of June saw the sheriff go, and heard him demand entrance; and the prisoner said he should have none. The next day the Sheriff came with soldiers; but he was two coits cast off; the soldiers were on the eastern side of the house; the soldiers fired three rounds; but he did not see the gun fired out of the house. Carpenter was shot on the eastern side of the house, and he was on the western side of the house; the Undersheriff desired him to carry him off. Did not see Carpenter receive the shot. Was not on the same side of the house when Carpenter was shot; as far off as the tower of this town from this place.
[Carpenter was on the eastern side of the house when he was shot].
Thomas Pendarves. Rode through the town just as the soldiers came with the Sheriff; saw Henry Rogers's wife; was on the south side of the house when the firing was first; but that was on the east side of the house; however, thinks he could distinguish whether it came from the house or the soldiers, because the firing from the house was by single pops now and then, and the soldiers shot many together. To his sight and perception the first firing was by the soldiers. Can't say any more. He was not on the east of the house at all. A great number of people assembled.
Henry Johns was in company with Carpenter; said he forgave Mr. Rogers.
John Rogers saw Carpenter in his bed, and drank with him. He asked how he came to throw a great stone. He said he did not know; but he freely forgave the man that shot him; for if they had not been merciful they might have destroyed them all.
John Street was at the house at his labour.
Writ of execution of the decree read.
Mr. John Hawkins was solicitor for Mrs. Rogers; went with the Sheriff; demanded possession; saw a gun fired from the house; did no hurt; saw Carpenter actually shot and fall; no firing by the soldiers till after that of two other guns.
Verdict, both guilty of murder.
The King against Henry Rogers and John Street.
Indictment for the murder of George Woolston alias
Wilson, with a gun charged with leaden bullets
19th June 1734, at Crowan, in com. Cornub.
Plea, Not Guilty.
Serjeant Chapple, pro Rege.
Writ of Execution, Injunction, and Writ of Assistance, put in.
Mr. Tillie. Gives the same account that he did before. Second day after Carpenter was shot, Henry Rogers came to the window with his gun on the east side, fired, and a shot went through his hat, and a soldier wounded. He ordered the soldiers to fire. Woolston was on the west side, and was shot there. No gun was fired by the soldiers, or any person in the assistance of the sheriff, nor a sword drawn, nor any force, till after Carpenter was shot and Hatch wounded, and Jeffries shot through the leg. Woolston declared that Rogers had shot him, on his asking him. Died in about half an hour after. Soldiers went to the assistance of him; ordered them to use no force till resistance.
John Ellet. He was on the east side of the house; he carried off Woolston; was shot from the waistband of his breeches to the buckle of his shoes. Gives the same account as to the occasion. There was no firing on the eastern side of (he house till after Carpenter was killed and Jeffries shot in the leg.
Nicholas Daniel was serjeant, and went to Skewis House. After the first firing William Carpenter was killed. The officer ordered him to go with ten men to the west side of the house. As soon as he came into the court, saw the prisoner Rogers come to the window and fire his gun and shot Woolston, of which he died in an hour.
Cross-examined. After Carpenter was killed, some of the soldiers had fired on the east side of the house before he went to the west side.
Samuel Hatch gives the same account as before of the facts on 18th and 19th June. The first guns which were fired were by persons that were withinside of the house, and not by persons that were withoutside of the house. No firing by the soldiers, or any in assistance of the sheriff, till after one was killed and two wounded.
George Ellis. The same as before. Saw Woolston go with the soldiers to the west side of the house. Soon afterwards heard a cry that Woolston was shot. Went and saw him. He was shot from the groin to the ancle. He was then in a manner dying; died of that wound. The first firing from within the house, before the Sheriff had finished the concluding words of the proclamation; three guns fired before the soldiers fired.
Richard Vinsam. Saw Rogers looking out at the window. Several guns fired before the Sheriff had quite finished the proclamation. No guns fired by the soldiers till they had fired from the house.
Mr. Black. After the firing from the east side, ordered eight or ten soldiers to go round to the west side, and soon heard Woolston was shot. No firing by the soldiers till after from the house.
Mr. John Hawkins. 19th, no gun fired from the soldiers till after Carpenter dropped.
Piercy Price. 18th March last at Skewis, Was with the soldiers when they took possession. Rogers looked out of the little door. Asked him how he came to let a man lay unburied who was there? owned "he killed him. As to the old soldier that was killed, I had no animosity against him. It is true I killed him, but it was time, he was too proud; intended to kill the Sheriff and his men."
As to Street.
Edward Williams. Was there when Woolston was killed. Street was on the inside of the house at the western door when Woolston was killed. Had a sword drawn. He asked to go out. Street said if he offered to do it he would run him through; hindered him and another from going out; said if they would do a friend any good or service now was the time; the service was to keep the possession against the Sheriff. The prisoner Rogers thought his appeal had been lodged.
Henry Berryman. The soldiers fired upon the house about three times before they parted to different sides of the house; did not see Carpenter shot, nor does not know when he was shot; was as far off as the length of the whole hall; did not see Street there.
Thomas Pendarves. By his perceivance the soldiers fired first. Stood on the south side of the house, two hundred yards off; did not see either Carpenter or Woolston shot.
John Street has no evidence.
The King against Henry Rogers.
Indictment for the murder of Andrew Willis, alias
Tubby, by shooting him in the breast on the 16th of
March at Crowan.
Plea, Not Guilty.
Serjeant Chappie, pro Rege.
Edward Bennett. Was a constable, and on 16th March called Andrew Willis, alias Tubby, to give in his assistance to take the prisoner Rogers at Skewis House on account of murders that he had committed. Tubby was about sixty yards from the house, and he saw a gun fired from a window of the house; immediately on that Tubby fell down; he ran off; immediately saw Rogers in the window from which the fire came; afterwards saw Rogers come out to the man and walk round him and take Tubby's gun, but before Rogers came out another gun was fired; saw one or two more at the window afterwards; intended to apprehend him and bring him to Launceston.
John Williams. Was with Bennett and Tubby at the constable's desire to take Mr. Rogers, but ordered them not to shoot without necessity; about sixty yards off the house saw Tubby on his knee, almost before he heard the report of the gun; immediately saw Rogers in the window with a gun in his hand; thought Rogers was gone out of his house. Tubby cried, "Lord! Lord!" and fell down. Another gun fired, and he crept away through the hedge.
Henry Thomas. Saw Rogers on 16th March, with a gun, walk by the dead body forwards and backwards. Said, "Here lies the black Bill."
Henry James. Was called to assist William John the constable the Sunday that Tubby lay dead at Skewis; saw the prisoner with a gun within twelve feet of the body. Prisoner said, "Sir Andrew, thou didst make thy brag last Sunday that thou wouldst lend me a brace of bullets, but I think I have paid thee." Asked them to come in and drink a dram; refused. He said, "If he would, he would make them come into the castle." They went away, and we retired. Rogers stood in the lane with a gun in his hand, bid them turn in; said, Sir John St. Aubyn would be angry if they had any thing to do with any body in the house. He said, "Damn them, if they did not he would shoot them."Asked, if they knew who killed the man? "No." Said, "There was a black man lay dead in the moor, if any body would own him they should have him. I have the bill;" produced the gun; "Damn him, if they don't come and own him, I'll cut off his head and stick it on the chimney."
James Fall. Heard the gun go off. Heard somebody say, "Take up the man." He ran out, and Rogers looked out of his window, asked, what he was going for? said, "To see what you have done; you will be hanged at last." Said, "If you do not go back, I will shoot you too." Said to him, "Did not I tell you to tell Sir John, that I would take them off as he would fetch them." He said "fetch them?"
Prisoner. That these people followed him and endeavoured to shoot him.
An addition which appears to have been made to a charge delivered by Lord Hardwicke, Chief Justice on Western Circuit in 1735.
Of the truth of this observation and of the pernicious consequences of lawless force, you of this country have lately had a flagrant but an instructive instance. In that you have seen from what small springs a torrent of violence may arise. How people once engaged in such practices, go on from invading the property, to taking away the lives of their fellow subjects; and from an obstinate contemptuous opposition to the regular decisions of the ordinary Courts of Justice, they advance almost to open rebellion.
The honourable and indefatigable endeavours of the gentlemen of this county to reform and suppress such daring outrages cannot be sufficiently commended, and must always be remembered highly to their honour. And happy it is that these endeavours, enforced by the seasonable and gracious assistance of his majesty, had the desired effect. To consider this affair in its full extent, it ought on the one hand to be looked upon as a strong proof that the King will make use of the extraordinary as well as the ordinary powers of his government, only for protection and security of his people; and on the other hand, that the gentlemen of England will unite in the support of the laws, and of legal, well established government, against all attempts of any kind whatsoever to introduce disorder and confusion.
So great were the apprehensions entertained of a man who had in this extraordinary manner, and for months set at defiance the whole authority of the country, that, immediately after his absconding, the magistrates of the hundred issued the following proclamation:
Cornwall.— To all Magistrates, Headboroughs, and Officers of Towns and Parishes, to whom these presents shall come.
Whereas several murders have lately been committed by Henry Rogers, of Skewis, in the parish of Crowan,
in the county of Cornwall, and whereas the said Henry
Rogers and his gang did last night abscond and withdraw themselves from justice, notwithstanding a strict
guard of soldiers and others which were placed about
the house at Skewis to prevent their escape, and any
further mischiefs that might ensue from their wicked intentions and intrigues of the said Henry Rogers and his
abettors; And whereas they withdrew from Skewis with
their guns and ammunition, whereby it is suspected that
they will plunder and ravage the whole county: We
therefore desire you to transmit this to the next town,
that it may go through the whole county, not only that
all his Majesty's good and peaceable subjects may be
guarded against the said Rogers and his gang, but that
they may do their utmost endeavours to apprehend
them, and bring them to their trial, that all such horrid
practices, which threaten destruction to society and
government, may for the future be prevented, the public peace preserved, and the authors of such infamous disorders be brought to condign punishment.
We are, with much respect, gentlemen,
Your most humble servants,
March 21st, 1734-5.[2]
There is a reward of 350l. for taking him. He hath on a whitish fustian frock, with bastard pearl buttons, and a blue riding-coat.
Although no one ventured to justify the violence, and especially the murders committed by Rogers, yet long within my remembrance a strong feeling of compassion was generally entertained for him. One of his sons lived to a very advanced age at Penzance, where he procured a scanty living as a saddler, merely employed, I believe, from kindness.
In October 1812 I had a long conversation with this old man about his father; and the following are minutes made on the occasion:
"On the 30th of October, 1812, I called on Mr. Henry Rogers, formerly a saddler at Penzance, but then residing there in great poverty, being supported by a small allowance from a club, and by half-a-crown a week given him by the corporation, nominally for yielding up the possession of a house, but in truth to prevent his becoming a common pauper.
"Mr. Henry Rogers was then eighty-four years of age, and remembered the unfortunate transactions at Skewis perfectly well; he was between seven and eight years old at the time. He recollected going out with his father into the court after there had been some firing. His father had a gun in his hand, and inquired what they wanted. On this his father was fired at, and had a snuff-box and powder-horn broken in his pocket by a ball, whilst he stood on the other side.
"He recollected that whilst he himself was in the bed, several balls came in through the window of the room, and after striking against the wall rolled about on the floor.
"One brother and a sister, who were in the house, went out to inquire what was wanted of their father, and they were not permitted to return.
"On the last night, no one remained in the house but his father, himself, and the servant-maid. In the middle of the night they all went out, and got some distance from the house. In crossing a field, however, they were met by two soldiers, who inquired their business, &c. The maid answered that they were looking for a cow, when they were permitted to proceed. The soldiers had their arms, and his father had his gun. The maid and himself were left at a farm-house in the neighbourhood, and Mr. Rogers proceeded on his way towards London. Mr. Henry Rogers said that he was born in Crowan, and he apprehended so were most of the children; that his father, although bred a pewterer, had for many years occupied land in that parish."
All these circumstances, after so long an interval, were related to me by the old man with tears in his eyes.
It is curious to compare this account of the escape of one man, a woman, and a child, with the proclamation of the next day.
On the 8th of January, 1816, I called at Skewis, and saw several holes in the partitions, made by shot of different sizes, when Mr. Henry Rogers resisted the law in 1735.
I have an extract from a letter written by a Cornish gentleman in May 1735, who states that he had seen Rogers in the prison at Salisbury, when he seemed to rejoice in what he had done. And I have found in an account-book of my great uncle, Mr. Henry Davies, following receipt:
"1st July 1735. Received of Mr. Henry Davies, towards the taking of Henry Rogers, two pounds two shillings, per Francis Arthur."
A print of Rogers was soon after published with the following legend:
"Henry Rogers lived at a village called Skewis. He was so ignorant of the reason as well as of the power of the law, that when a decree in Chancery went against him, he resisted all remonstrances, and fortified his house, making loopholes for his muskets, through which he shot two men of the posse comitatus who attended the Under-sheriff. A little after he shot one Hitchens, as he was passing the high road on his private business. He also fired through the window and killed one Toby, and would not suffer his body to be taken away to be buried for some days. At length the neighbouring justices of the peace assisted the constables, and procured an aid of some soldiers, one of whom he killed, and afterwards made his escape; but at Salisbury, on his way towards London, he was apprehended and brought down to Cornwall, when at the assizes in August 1735 five bills of indictment were found againt him by the grand jury for the five murders aforesaid; to save the court time he was tried only on three of them, and found guilty of every one, before Lord Chief Justice Hardwick. As he lay in gaol after his conviction, the Under-sheriff coming in, he attempted to seize his sword, with a resolution to kill him; swearing he should die easy if he could succeed in that design. He was attended by several clergymen; but they could make no impression on his brutal stupidity, and he died at the gallows without any remorse."
Extract made at the British Museum July the 8th, 1812, from the Weekly Miscellany, by Richard Hooker, of the Middle Temple, Esq. for Saturday Aug. the 9th, 1735, No. cxxxix.
Launceston, August 1.
This day came on before the Lord Chief Justice Hardwick, the trials of Henry Rogers and John Street, one of his assistants, for murders committed in opposing the Sheriff of Cornwall in the execution of his office.
Rogers was arraigned upon five indictments, and Street upon two. The trials began about seven in the morning and ended about two in the afternoon. Rogers was tried upon the three first indictments, and being found guilty on all three, the Court thought it unnecessary to proceed upon the other two. Street was found guilty of the two indictments against him. And they both received sentence of death before the Court rose.
The Counsel for the king were Mr. Serjeant Chappie, Mr. Fortescue, jun. The Counsel for the criminals Mr. Pratt and Mr. Draper. The Solicitor for the Treasury Richard Paxton, Esq. was also there on the part of the Crown, he being sent down purposely to prosecute the affair.
At the assizes at Launceston Henry Rogers and John Street received sentence of death for a murder they committed in opposing the Sheriff of Cornwall in the execution of his office, and were executed on the 6th of August 1735. They seemed very penitent, particularly Rogers, who did not care for any sustenance but bread and water. He said he was guilty of one of the murders, but knew nothing of the other; but had it been in his power he would have killed as many more, and thought he committed no crime. Street, who was his servant, had little to say, but that what he did was to defend his master, and he was willing to die, for by the course of years he could not live much longer, and he hoped God would receive his poor soul.
And lastly, I subjoin an address to the parish of Crowan, by Sir John St. Aubyn, the gentleman whom I have mentioned as one of the opponents of Sir Robert Walpole's administration.
"As I am obliged to attend at the assizes, I must earnestly recommend the care of the parish in my absence to you, and hope that you will do your endeavours to prevent the very great expense and mischief which must otherwise fall upon us; although you do not at present seem to perceive the danger that threatens us; for the outrage and murder which happened in our parish have justly alarmed the government, and induced his majesty to issue out a proclamation, wherein he offers a reward of two hundred pounds for apprehending Henry Rogers, and one hundred pounds for each of the other offenders, together with a pardon to any who shall discover and apprehend them. He likewise commands all civil magistrates, upon pain of his majesty's displeasure, to be diligent in suppressing this riot, and bringing the authors of it to the punishment which their crimes deserve. In obedience to this, I think myself obliged, in the faithful discharge of my duty for the preservation of the public peace, and the good of our own parish in particular, to admonish you and the principal inhabitants of it, to give me your aid and assistance in this dangerous and troublesome affair. His Majesty, as he declares in the proclamations, being firmly resolved to put an effectual stop to such enormous practices, hath by his warrant from the Secretary of War, sent orders to the commanders of regiments of soldiers at Exeter, to send to the Sheriff so many soldiers as he shall require and think sufficient to suppress this notorious violation of the laws of the land, and which certainly will be done by force of arms, if it cannot be stopped by a gentle and careful process. This is a true and exact state of cause; and whoever considers it with due temper, must be filled with the most melancholy apprehensions of the mischief that must happen, if every good subject and Christian does not endeavour to keep off this evil, by endeavouring, as far as his influence can prevail, to make the usual method of bringing crimes to justice effectual. It is for this reason I now write this letter to you, which I hope you will read with serious attention more than once, that it may have a good effect upon you. I myself can foresee, and I wish you likewise could, the dreadful inconvenience and expense of a regiment of soldiers sent down and quartered upon us; particularly this parish, being the unfortunate place of this disorder, must, in a much heavier manner, feel the burthen of it. Consider the charges and the trouble of having every house in the parish filled with soldiers; consider what must be the consequence of abetting and supporting Rogers, whose house will be fired about his ears, and those lives which may be lost if he continues in his extravagance. Take notice, that I have done my duty as justice of the peace and a parishioner; and if you all likewise do yours, by encouraging a proper subjection to authority, and aiding the civil magistrates in discovering and bringing the offenders to justice, these dismal calamities may be prevented. I think more reasonable to advise you of this, because there is too general a mistake and prejudice, or rather vicious encouragement shown, and that too by many who should and do know better, to the unhappy author of this disturbance. To pity the unfortunate is a virtuous character, even to those whose vices have made them so; but at the same time we ought to detect their crimes, and it is for the public good they should be punished; and this consideration ought to prevail over the concern we may feel for a private person. Murder is a crime of the basest nature, and what the law in common cases never forgives; but when it is committed on any officer in the execution of his duty, and in supporting the usurpation of another's right, and what the law shall determine such, it is certainly a more complicated guilt. Whosoever abets a murderer, or does what he can to conceal and defend him from justice, is in the eye of God a murderer himself in cold blood. To justify a murderer is the strongest indication of a most base temper; and whosoever does not cry out against the misguided spirit of the people in behalf of Henry Rogers, deserves that character. Whilst the lawsuit was depending all people were at liberty to weigh on either side. It does at first sight seem a little hard that one brother should give away an estate from another; and there must be some strong provocation to make it appear reasonable; but the circumstances of the whole case are not known, and therefore no man is able to form a true judgement of it; not even to pass harsh censures on particular persons; but when the law has determined right, all people must submit to that determination; otherwise no man is secure in his property, but a number of idle resolute fellows may wrest it from him, and declare that in their opinion he has an unjust title to it. So that if you give your estate by will unequally among your children, as they may have behaved more or less dutiful to you, that which has the least may take the other's part from him; or another relation may possibly hire such another mob, to take away the whole from them. We shall not at such times see property determined by judge and jury, but by force of arms; and the richest and most powerful man will be able to swallow up all the estates of his lesser neighbours. The law is the only protection of our lives and estates, and if that is once set aside, we must hold them only by the base sanction of a giddy rabble. The law therefore should be strictly maintained by all such who have any possessions. The inferior people indeed, who have nothing to lose, will be at all times for breaking down the fences, that they may have some share of the common plunder. I should mention one instance. Suppose any of you had bought this estate of the late Rogers, being advised by your lawyer that he had the power to sell it, (which he certainly had, as the law has declared he had a right of giving it away,) you would then think it very hard that the present Rogers, with his wicked crew, should come and take it away by force, and afterwards keep it as he now does. Suppose the money you paid him for it he gave to his widow; should you in such a case agree that 'tis his brother's right to have the estate? Let every one make this his own case.
I believe you all honest men, and wo'nt suspect any one of you of justifying this affair; but I have put these arguments into your mouths to warn other people from this vicious way of thinking, and that you may exert yourselves in keeping this hardship from the parish, from which I could never learn this Rogers deserved so much kindness as to suffer on his account; for he never paid church, priest, or poor, when he was in possession of the estate, and withheld from many their just due. The character of the honest and just man is to relieve the poor, to pity the unfortunate; but to use their utmost endeavours to punish the guilty, and to recommend and enforce an obedience to the laws of the land, which are the only protection of our lives and properties.
I am, gentlemen,
Your friend and servant,
John St. Aubyn.
The church of Crowan was given, by William Earl of Gloucester, to the priory of St. James in Bristol (which was a cell to Tewkesbury Abbey), and confirmed by Henry II. It contains a series of monuments to the family of St. Aubyn, which are engraved in thirteen plates in Mr. Polwhele's History of Cornwall. There was formerly a chapel of ease at Binnerton, of which there are no remains. The charity-school in this parish was endowed with the interest of 100l. by the St. Aubyn family, about the year 1830.
This parish contains 6742 statute acres.
| Annual value of the Real Property, as returned to Parliament in 1815 | £. 13,175 |
s. 0 |
d. 0 |
| Poor Rate in 1831 | 1,588 | 17 | 0 |
| Population,— | in 1801, 2587 |
in 1811, 3021 |
in 1821, 3973 |
in 1831, 4332; |
giving an increase of nearly 67½ per cent. in 30 years.
Parish Feast the nearest Sunday to the 1st of February.
Present Vicar, the Rev. William Grylle, presented by Sir John St. Aubyn in 1828.
GEOLOGY, BY DR. BOASE.
This parish, which is adjacent to that of Camborne, is composed of the same kind of rocks. The eastern half reposes on granite, the western on slate. Like Camborne it has long been celebrated for its mines. Although its general aspect is dreary and barren, yet it contains some very fertile spots; that of Clowance in particular gladdens the eye; the rich and intrinsic beauties of its pleasure grounds and extensive plantations being heightened by the contrast of surrounding desolation.