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In an old London, England newspaper called "The Post Boy", the edition of 19 May 1719, there is what I believe is an advertisement for a book that will be published the next day (it says).

To Morrow will be publish'd

The Proceedings on the King's Commission of the Peace, at the Sessions-House in the Old Baily, containing the Tryals of Henry Broom, for 5 Burglaries; Richard Williams, for assaulting and robbing Ralph Courtney; Stephen Margrove and John Wood, for assaulting and robbing George Smith on the Highway, and pretending Sodomy; Isaac Seaman for a Rape; William Gibbs for the Murther of a Horse Grenadier; and many other remarkable Tryals. Printed for J. Phillips, and sold by J. Roberts in Warwick-Lawe. Price 3 d. (image of text)

You can find the entire newspaper on Newspapers.com, but it's behind a paywall, and you will need a subscription to view it.

The bit I am talking about it is when it says, "Stephen Margrove and John Wood, for assaulting and robbing George Smith on the Highway, and pretending Sodomy..."

I tried searching newspapers.com for "pretending sodomy" and that is the only mention. When I Google "pretending sodomy", I get tons of unrelated modern homophobic garbage that happens to contain those two words somewhere.

Now, this may be obvious, and it is exactly what it sounds like: these guys dry humped their victim; however, I just don't know. The way it is listed it sounds like an official charge, so I am wondering if it has a meaning other than what it would mean today.

Curious Layman
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    The Merriam-Webster dictionary does offer an "archaic" definition of pretend that means "venture" or "undertake". So, this might be a case where the modern meaning of the word is different to its use in the past. – Steve Bird Jun 01 '22 at 08:12
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    As Steve Bird mentions, I think this would be "attempted sodomy" in today's parlance. – Semaphore Jun 01 '22 at 11:36
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    Another place those of a historical bent are likely to come across this archaic meaning of the word is in the phrase "Pretender to the Throne" used for someone who is claiming the throne and (usually) attempting to press the claim. – T.E.D. Jun 01 '22 at 14:59
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    In some Romance languages 'pretender' (as a verb) means to plan, somewhat like pre-intend. When I was in Brazil, colleagues whose native language was Portuguese would say things like "I pretend to go to the store" to me in English, not realizing that it was a false cognate. – Kirt Jun 01 '22 at 23:49
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    @Kirt - Honestly it would make a lot more sense in English that way too. That would make it much more consistent with *contender* (actually trying to do it) vs. *pretender* (preparing to do it). Sadly for us the meaning, well ... as Mae West said, "I used to be Snow White, but I drifted." – T.E.D. Jun 02 '22 at 14:57
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    @SteveBird: This should be an answer; it's the meaning I'd assume is correct from context, and the existing answers are all going off in a completely different direction (one which I'd find hard to believe; you're engaged in highway robbery, and you think blackmailing your victim by claiming they engaged in sodomy is going to get you anything that actually robbing them in person didn't get you?). They almost certainly robbed a dude and either 1) Independently attempted sodomy (perhaps in jail after being arrested), or 2) threatened/attempted to rape their victim. – ShadowRanger Jun 02 '22 at 22:52
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    @ShadowRanger, if you read the top answer, the trial transcript says they were accused of threatening to make a false claim of sodomy in order to get money from the victim. – Mark Jun 02 '22 at 23:16

2 Answers2

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"Pretending sodomy" here is just that: claiming that 'sodomitic practices' have taken place, with the accuser starting or 'pretending to start'/feigning to begin such an act.

This means that someone accuses another one of having engaged in sodomy, as a way to ruin their reputation, even after the death of the accused. Or in this case as a second option, on top of threatening to perhaps fatal violence against the victim.

This was one form of blackmailing.

Whether anything real in terms of homosexual activity occurred was immaterial to the accusation, whether the so accused had any inclination to engage in it had no relevance. The threat of being painted in that way before the public eye was enough.

This specific incidence is detailed in the court proceedings:

Trial of Stephen Margrove and John Wood

Stephen Margrove and John Wood, of the Parish of St. Martin's in the Fields, were indicted for Assaulting George Smith on the King's High-Way, and taking from him 22 s. the 18th of January last.

The Prosecutor deposed that the Prisoners came up to him (and John Wood took him hold by the Collar of his Coat) and demanded his Money, and said if he would not give it them they would take away his Life and swear Sodomy against him; that by means of this Violence, and being under a Terror, and in great-Fear he gave them what he had in his Pocket, which was Half a Guinea, and about 11 s. or 12 s. in Silver but they not being contented with that said they would shame him if he did not, give them more Money, and went Home with him in his Master's House in Golden-Square , where being in a Surprize, he gave them another Guinea; he was sure they were the same Persons, he having seen them before, when he was with his Master at Tunbridge.

The Prisoners pleaded that the Prosecutor came up to Wood while he was making Water, and took hold of his Yard, using some unseemly Expressions, whereupon he called out a Sodomite; that then the Prosecutor fell on his Knees, and begg'd them not to expose him, and took them over to the Hoop Tavern Door, and gave them half a Guinea and some Silver here (which the Prosecutor deny'd) they said further than the Prosecutor took them Home to his Master's House and gave them another Guinea; and urg'd that it could not be robbing on the High Way, because the Prosecutor gave them the Money; But the Court observed that the Money, they took from him in the Street, was mention'd in the Indictment; and that he that took a Man by the Collar in the Street, and demanded his Money with threats to take away his Life if he did not give it them, and by such violence and putting in feat got his Money from him was guilty of Robbing him.

They called several to their Reputation, by which it appear'd that Margrove had been a Servant at Young-Man's-Coffee-House 6 Years, and Wood had been a Gentleman's Servant, but none to give an Account how they spent the last 6 Months of their Lives.

The Jury found them Guilty.

Death.

For the defendant Wood:

That of late he had made it his Wicked Practice, by using some undecent Gestures, to induce Men to Sodomy, whom he fancy'd might be inclinable that way, as if he would have yielded his Body to that foul Act; but when he had taken the Money agreed upon beetween them for it, he deceived them, and told them, that he was not for their Sport; and he must have more of their Money, or else he would accuse them, and defame them When he now came to himself, and consider'd this, and other his heinous Offences, he express'd great grief for them, as Stephen Margrove, (hereafter mention'd) did for his, who had committed the like Undecency and Cheat.

The accused Margrove told a similar story:

But after his loud Protestation of Innocence as to this Robbery, he at last confess'd his being concern'd in it; adding, That he had often allured Men (whom he supposed to be given) to Sodomy, but never suffer'd them to proceed to that foul Act with him, his Intent being only to get some Money, which he extorted from them by threatning them, much in the same manner as John Wood did. He acknowledg'd this was a great Offence, and therefore humbly begg'd Pardon of God, and all he had offended, to whom he could make no other Satisfaction.

Source: The Proceedings on the King's Commission of the Peace, and Oyer and Terminer, and Goal-Delivery of Newgate, held for the City of London, and County of Middlesex, at Justice-Hall in the Old Bayly, on Thursday, Friday, and Saturday, being the 14th, 15th, and 16th, of this Instant May, 1719. In the Fifth Year of His Majesty's Reign; and the Account of the Ordinary of Newgate, London: Printed for Samuel Briscoe, at the Bell-Savage on Ludsgate-Hill, 1719.

— Rictor Norton (Ed.): "Trial and Execution of Three Blackmailers, 1719", Homosexuality in Eighteenth-Century England: A Sourcebook, 2 Jan. 2011, updated 16 Aug. 2021 http://rictornorton.co.uk/eighteen/1719blac.htm.

An alternative retelling of this incident is found in the early biographical sketch book — Captain Alexander Smith: "A Complete History of the Lives and Robberies of the Most Notorious Highwaymen, Footpads, Shoplifts and Cheats of Both Sexes: Previously published 1719 and 1926", Routledge: London, New York, 2013. (older versions on gBooks).

Perhaps noteworthy: the accusation against the defendants Wood and Margrove was first assault then robbery then 'pretending sodomy', in this case to extort money. As noted in The Historical Register of 1719, the reason for execution on May 16 was simply given as "for robberies on the Highways" (gBooks)

This latter 'threat' was becoming seen as a common 'type' of crime:

See for example this similar collection of events in

— "A Genuine Narrative of all the Street Robberies committed since October last, by James Dalton, and his Accomplices … To which is added, a key to the canting language, occasionally made use of in this narrative. Taken from the mouth of J. Dalton", by James Dalton (street-robber), J. Roberts, 1728. (gBooks)

or these entries on 'threats' and 'sodomy':

Accusing, or threatening to accuse, another of a crime, with view of extorting money,& c. […]

THREATS. (See tits.“Accusing," "Letter(Threatening)," and “Sodomy.”]

SODOMY
318. [The abominable crime of buggery committed either with mankind or any animal.] (See tit.“Assaults,” ante,p.550,Offence 37.)

319.Accusing - or threatening to accuse--thereof, with a view to extort money, and thereby extorting same. (See tit. “ Accusing," ante, p. 544, where money extorted;and “Letter (Threatening),” ante, p.588.)

— George Colwell Oke: "The Synopsis of Summary Convictions, showing, at one view, the penalties, &c. for 1300 offences, when proceedings must be commenced, what justices to convict, &c., with introduction, practical observations; an epitome of other matters coming before Justices out of Sessions and an abstract of the Juvenile Offender's Act", Butterworths: London, 1857. (gBooks)

So a quite similar approach to the case is found in more generalised form in:

The general sensitivity on the subject of homosexuality led to extortion of money under threat of exposure for unnatural vices becoming a recognized form of crime, though it was not made the specific subject of a criminal statute till 1826 (6 Geo IV, c. 19). As early as 1728 it was reported that men pretending to be male prostitutes solicited in the London streets with the intention of blackmailing anyone who responded to their advances, but in later years it was alleged that most people who brought prosecutions for this form of extortion were in fact practising homosexuals trying to cover up for themselves.

— A. D. Harvey: "Prosecutions for Sodomy in England at the Beginning of the Nineteenth Century", The Historical Journal, Vol. 21, No 04, 1978, pp939–948.

LаngLаngС
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  • so death penalty for lying about a crime that was punishable by death or in general was "bearing false witness" punishable by death no matter the crime? i do know that many trivial crimes could be punished by death, petty theft for example i think. – releseabe Jun 01 '22 at 16:51
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    @releseabe Huh? I'd say in this case assault, extortion, death threats and actual robbery might have played a role? Filed explicitly under "3 blackmailers." The added deviances of lying and other bad things, like the manner(s) in which this went down in particular just 'proving their character' might be quite secondary. Although a certain obsession by the prosecution and the press over these matters is indeed a bit telling to see. – LаngLаngС Jun 01 '22 at 19:12
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    Unfortunately nowhere in the text you quote does it say that they are accused of 'pretending Sodomy'. Rather, they threatened to "swear Sodomy against him". – Kirt Jun 01 '22 at 23:46
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    @Kirt The text under "The accused Margrove told a similar story" reads to me as him admitting that he had, on multiple occasions, lured men he suspected of being gay into secluded locations by propositioning them for 'sodomy', and then once in private he instead threatened to expose them for being gay ("swear Sodomy against them") unless they paid him money. – Kayndarr Jun 02 '22 at 03:05
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    @Kayndarr I don't doubt that that is what they were accused of, or that this is what the passage cited is about. I'm just saying that the text given in the answer never uses the term 'pretending Sodomy', which is kind of important if you want to establish that this is what 'pretending Sodomy' means in the OP's citation. – Kirt Jun 02 '22 at 03:57
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    @Kirt Since the newspaper clipping was describing the same incident, I think the assumption is that the reporter did a decent job summarizing and that the phrase "pretending sodomy" didn't mean something else. – Rick Jun 02 '22 at 17:35
  • @Rick In that case it might be important to distinguish whether this was a term used only in the press and understood by the public, or whether it was an actual legal term as well even if it did not appear in the official recordings of the trial. – Kirt Jun 02 '22 at 18:00
  • The text of the first paragraph could be made more clear. The question hinges on the meaning of "pretend" and the question of whether this is a crime to convict the accuser or the accused, which isn't obvious at the beginning of your answer. It's hard to parse. – sondra.kinsey Jun 02 '22 at 20:11
  • @Kirt "Pretend" used to mean something like "profess, claim, assert" (and not lightly; actually wishing to be believed). Hence phrases like "pretender to the throne": someone who claims they are in fact the rightful monarch. "Pretend" as specifically falsely claiming or as make-believe are more recent meanings of the word. – Ben Jun 02 '22 at 23:34
  • @releseabe sodomy was a crime punishable by death at the time. – jwenting Jun 07 '22 at 06:33
  • @jwenting: okay and I think even in colonial America or perhaps early united states it was also punishable by death. But my question is, is lying about a crime that can be punished by death more serious than lying about a crime that is not capital? I would guess it is. Except, at one time in England, many varieties of crime were punishable by death including theft of a fairly trivial amount of money or equivalent goods. After the Bloody Code, I think some kid was transported for stealing a stocking. – releseabe Jun 07 '22 at 06:45
  • @releseabe IMO it is, as it puts the life of the accused in direct peril, making it de facto an attempted murder by proxy. And I'm of the opinion that the penalty for deliberate false accusation should match that for the crime of which you're falsely accusing (and yes, I know that's not usually the case). – jwenting Jun 07 '22 at 06:47
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"Pretend" comes from the Latin praetendere, from prae- ("before, in front of") + tendō ("stretch, strive for").

In the 1884 legal book "Commentaries on the Laws of England" by Sir William Blackstone, all the uses of the word "pretend" can be understood as the modern "claim" that we today use for verbal attestation, while the word "claim" itself is only used for claims of rights or title.

So reading the term as "claiming sodomy" makes it clearer. They were accused of an act of claiming sodomy, which (as sodomy was illegal) would be a threat to the person they made the claim against.

MCW
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Pranab
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  • indeed, if found guilty of sodomy the accused would likely face execution and even the mere accusation could get you lynched. – jwenting Jun 07 '22 at 06:34