The South Sea Crisis quickly became a target for satire in the
press and in engraved prints by artists such as William Hogarth. It also led to a rise in crime. Highway robbery increased, although it had declined
again by 1724. There was also a sharp
increase in deer poaching. Furthermore,
in the 1720s England had no police force and even the Bow Street Runners would
not exist for another thirty years.
Watchmen and parish constables, many of them quite elderly, were meant
to keep the peace in towns, but there was little provision for fighting crime
in the country. The primary means of
catching criminals was offering rewards for information leading to their
capture. Members of gangs who gave
evidence against their cohorts were pardoned.
Land owners armed their game keepers to defend against the deer
stealers, leading to violent clashes.
Forests like Waltham Chase were a source of cheap meat, yet
only the wealthy land owners were permitted to hunt in them. The depression inevitably increased social
tension and this became apparent in the activities of two particular gangs of
deer stealers. The gangs became famous
for covering their faces with gunpowder to disguise their features and frighten
people. Because of this they became
known as the ‘Blacks’.
These gangs, one operating in Windsor, the other in Hampshire,
went into forests in daylight armed with pistols and rifles to shoot and take
deer. The Hampshire gang primarily
targeted the Bishop of Winchester’s park in Farnham. The first major incident occurred in October
1721 when 16 poachers raided the park. Five deer were killed, a deer stealer shot
(although he recovered) and four other poachers were soon caught. Two were released and the others made to
stand in the stocks, sentenced to a year and a day imprisonment and given a twenty
pound fine.
The gang sought revenge.
They broke into the park at Farnham again and shot or stole more than
twenty deer. The deer stealers passed
through the nearby town in triumph and without any opposition. After this attack, rewards were offered for
information leading to their capture and soldiers were stationed in Farnham. So the deer stealers turned the focus of
their attacks to Waltham Chase. It took
only two months for them to deplete the deer herds there. These Waltham Blacks also sent letters to the
local gentry, threatening to burn down their houses if there was any opposition
to their hunting.
It was widely claimed that the deer stealers were Jacobites
- supporters of the Catholic pretender to the throne James Stuart, who were attempting
to incite rebellion against the Hanoverian George I. The gentry and the government stoked public fears
over Jacobitism to turn opinion against the Blacks. However, there is little evidence that the
Waltham Blacks supported the Jacobite cause. Their leader, an unidentified man known as
‘King John’ distributed a pamphlet asserting that the Waltham Blacks were loyal
subjects of King George.
That is not to say that they were not politicised. Shortly
after the printing of this pamphlet, 16 of the deer stealers - armed, faces
blackened, some wearing coats and caps of deerskin - converged on a public
house near the Chase. ‘King John’
appeared and proclaimed that they were loyal to the king and that their aim was
justice. They wished to see that the rich
did not oppress the poor. They were
determined to remove the deer from the Chase because the area was intended for
grazing cattle, not to fatten deer for the tables of the wealthy. Three hundred people had gathered to see the Blacks. No one tried to catch them as they rode away.
Their attacks diversified, often suggesting socio-political
motivation. When an estate owner near
Farnham charged poor people for picking small firewood on his estate
(customarily free) the Blacks destroyed a stand of trees on his land and warned
they would pay him a second visit if the money he had charged was not returned. Soon afterwards a shipment of venison and
wine for the Prince of Wales was intercepted outside Winchester. Following this, a significant reward was
offered for the capture of the Waltham Blacks.
With arrest being a real danger, the deer stealers went to ground.
Almost immediately, a gang of deer stealers began to operate
in the royal Windsor Forest. Maybe some
of the Waltham Blacks moved north or perhaps they were copycats, but the
attacks they carried out in 1722 and 1723 were as violent, although no
proclamations of social justice were made.
The crimes of the Berkshire Blacks reached a peak in spring
1723 when an old poacher was prosecuted for killing game, being fined 10 pounds
and his guns deposited with a church warden.
A group of Blacks sought out the church warden and in the ensuing
confrontation the warden’s son was shot through the head. In the wake of such violence, Parliament was
spurred to act against the poachers.
The government introduced an Act of Parliament designed
specifically to target the poachers.
Formally titled ‘An Act for the more effectual punishing wicked and evil
disposed Persons going armed in Disguise and doing Injuries and Violence to the
Persons and Properties of His Majesty's Subject, and for the more speedy
bringing the Offenders to Justice’ the bill became more widely known as the
Waltham Black Act. It came into effect
on the 27 May 1723. Going into a forest
with your face blacked or in any other disguise; wounding, killing or stealing
red or fallow deer; and sending a letter without a name or signed with a
fictitious name that made monetary demands all became offences punishable with
death. It also made poaching fish or hunting
hares in a forest, as well as damaging trees or setting fire to buildings
capital offences. In short, the Blacks
could now be hung for most of their actions.
The Secretary of State sent two agents to Berkshire who
succeeded in capturing three of the gang’s ringleaders. A week later 21 other Blacks were arrested
and sent to Newgate Prison. They were
returned to Reading for trial on 6 June.
Four of the accused were hanged for murder and six others were
transported to the colonies. The others
were discharged due to insufficient evidence.
This put an end to the Berkshire Blacks, but soon the Hampshire
deer stealers returned and renewed their actions. They made numerous attacks in different parts
of the county during the summer, including their final attack on Waltham Chase. On Sunday 1 September 1723, seven men with
blackened faces entered the Chase in search of deer. One of their number, Edward Elliot, an
apprentice tailor from Guildford, was captured by armed gamekeepers. The rest of the gang came to his aid. Closing to just a few yards, a poacher named
Henry Marshall shot one of the keepers ‘unexpectedly in the breast and out the
back’. He died immediately. More shots were exchanged, during which a
keeper received a broken thigh from a shot to the hip and one of the deer
stealers was also injured. Marshall,
Elliot and two others were captured in the running battle that ensued. The remaining three were subsequently caught
in their home town of Portsmouth.
Due to the infamy of the gang, they were moved under armed
guard to London and kept in the notorious Newgate Prison. They were tried at the court of King’s Bench
in Westminster Hall and found guilty of deer stealing and given the death
sentence. They were executed at Tyburn
on 4 December 1723.
The Waltham Black Act remained on the statute book for a
century, finally repealed in 1823, with the exception of the provisions against
arson and shooting a person. During its
time in force, countless people were sent to the gallows for offences that it
contained. However, like many Draconian
measures it failed to solve the problem it was devised to address. The Berkshire and Waltham Blacks orchestrated
their own downfall through the audacity of their final raids, while the Act that
they had inspired was over-zealously interpreted by the courts to allow them to
order the execution of thousands over the next century. But deer-stealing still
continued after the law came into force. In the 1730s a large gang began taking
the deer from Epping Forest, selling their ill-gotten meat through a butcher
named Richard Turpin. But that’s a
different story.