Geoff Doel gave us an illustrated talk on Outsiders: Outlaws, Poachers, Smugglers & Highwaymen which included cappella singing of folk ballads associated with various types of outsiders. Many outsiders garnered a lot of public sympathy; the public often identified with them rather than with the State.
In English common law an ‘Outlawry Writ’ declared the person caput lupinun literally ‘wolf’s head’ or ‘lone wolf’, when they defied the rules of the realm. Outlaws were literally people outside the law but only males over 14 could be declared outlaws. As they were deprived of all legal rights, they could be killed by anyone, legally, and this would not be considered murder. Edward the Confessor declared Hereward the Wake an outlaw in late Saxon times and he became one of the earliest, famous outlaws. Later, law reform under Magna Carta, stated that ‘no freeman shall be outlawed except by the lawful judgement of his equals or by the law of the land’.
Many other countries have lionised their own outlaws – Ned Kelly and Ben Hall in Australia and Jessie James, Billy the Kid and Pretty Boy Floyd in the USA to name but a few. Some of them are associated with good deeds towards poor people – ‘took from the rich and gave to the poor’ is a commonly expressed sentiment but many were incredibly violent.
Robin Hood, our most famous outlaw, is first mentioned in the 13th century connected with York and there are other suggestions linking his name with Yorkshire, Nottinghamshire and Sherwood Forest – the earliest ballads seem to be from the 1400s. A 16th century construct made him the Earl of Huntingdon ultimately in charge of the Merry Men, good with the bow but not so good with the quarterstaff. This suggested a man with a higher status whereas other folklore suggests his background was not so prestigious. Robin Hood’s legend remained incredibly admired; he played a major part in the May Games in late mediaeval times and continues to be popular to this day.
After the Norman Conquest, William I established Forest Law, taking the King’s hunting grounds away from the common people. At its widest extent, royal forest covered about one third of southern England and this meant that grazing, pannage, collecting firewood and killing game for food became offences punishable by severe penalties. Poachers became heroes for local people because of the resentment felt towards the Norman aristocracy for these draconian measures. The Charter of the Forest of 1217 under Henry III repealed the death penalty for killing deer but the Black Act of 1723 reinstated it and poaching of rabbits and pheasants was punishable by transportation. There was much public sympathy for poachers as times were often hard and people thought that the wild animals were there for everyone. Geoff sang ‘Geordie’ a folk ballad about a man being hanged for deer poaching.
Smugglers again engendered sympathy as they generally purchased goods but evaded taxes. In Kent, the Cinque Ports had privileges and when these were removed, residents felt they’d been let down so viewed smuggling with amused tolerance. It was illegal to export wool from England from 1614 until 1825 but ‘owlers’, operating from the Romney marshes, smuggled out huge quantities of wool especially to France. There was a lucrative trade in smuggling spirits on the North Kent coast and it was also estimated that two-thirds of all tea drunk in Britain by the late 18th century was smuggled. However, attitudes to smuggling changed with the increased violence of large gangs like the Hawkhurst Gang, based at the village’s ‘Oak and Ivy Inn’ in the early 18th century. They killed informers and excise men but by 1750 most of the murderous gang had been imprisoned or hanged. The fictional Dr. Syn books drew on the smuggling heritage of Dymchurch and non-threatening smugglers like Josh Snelling, who became an object of curiosity when few smugglers were left, was even introduced to Queen Victoria.
The earliest reports of highwaymen were Royalists who took to the roads after the Civil War. Highway robbery became more common in the 18th century because of increased opportunities for travel and the travelling public carrying more wealth. Famous highwaymen included Dick Turpin and Tom King who were glamorised, often in poetry and song, but were actually quite violent. Eventually a bounty was placed on Turpin’s head and he was executed for horse-stealing and buried in York. Locally, Black Robin, a ghostly highwayman with a 200 year history, is supposed to be seen near the Black Robin pub at Kingston; the name may come from a notorious highwayman or be a slang Kentish term for a smuggler.
Towards the end of the 19th century Vaughan Williams started to collect folk songs, many of which related to outlawry or outsiders, and they still remain popular to this day. Geoff gave us an interesting talk with some fascinating facts and used folk songs to good advantage as sources for understanding history.
Report by Lesley J Smith Deal & District Branch Secretary