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In theory an authority for the taking of seafaring men only, the press-warrant was in practice invested with all the force of a Writ of Quo Warranto requiring every able-bodied male adult to show by what right he remained at large. The difference between the theory and the practice of pressing was consequently as wide as the poles.
While the primary and ostensible objective of the impress remained always what it had been from the outset, the seaman who had few if any land-ties except those of blood or sex, from this root principle there sprang up a very Upas tree of pretension, whose noxious branches overspread practically every section of the community. Hence the press-gang, the embodiment of this pretension, eventually threw aside ostence and took its pick of all who came its way, let their occupation or position be what it might. It was no duty of the gangsman to employ his hanger in splitting hairs. "First catch your man," was for him the greatest of all the commandments. Discrimination was for his masters. The weeding out could be done when the pressing was over.
The classes hardest hit by this lamentable want of discrimination were the classes engaged in trade. "Mr. Coventry," wrote Pepys some four years after the Restoration, "showed how the medium of the men the King hath one year with another employed in his navy since his coming, hath not been above 3000 men, or at most 4000; and now having occasion for 30,000, the remaining 26,000 must be found out of the Trade of the Nation." Naturally. Where a nation of shopkeepers was concerned it could hardly have been otherwise. They who go down to the sea in ships and do business in great waters, returning laden with the spoils of the commercial world, have perforce to render tribute unto Caesar; but Mr. Commissioner Coventry little guessed, when he enunciated his corollary with such nice precision, to what it was destined to lead in the next hundred years or so.
Under the merciless exactions of the press-gang Trade did not, however, prove the submissive thing that was wont to stand at its doors and cry: "Will you buy? will you buy?" or to bow prospective customers into its rich emporiums with unctuous rubbing of hands and sauve words. Trade knew its power and determined to use it. "Look you! my Lords Commissioners," cried Trade, truculently cocking its hat in the face of Admiralty, "I have had enough. You have taken my butcher, my baker, my candlestick-maker, nor have you spared that worthy youth, the 'prentice who was to have wed my daughter. My coachman, the driver of my gilded chariot, goes in fear of you, and as for my sedan-chair man, he is no more found. My colliers, draymen, watermen, the carpenters who build my ships and the mariners who sail them, the ablest of these my necessary helpers sling their hammocks in your fleet. You have crippled the printing of my Bible and the brewing of my Beer, and I can bear no more. Protect me from my arch-enemy the foreigner if you must and will, but not, my Lords Commissioners, by such monstrous personal methods as these." "Your servant!" said Admiralty, obsequious before the only power it feared-"your servant to command!" and straightway set about finding a remedy for the evils Trade complained of.
Now, to attain this end, so desirable if Trade were to be placated, it was necessary to define with precision either whom the gang might take, or whom it might not take; and here Admiralty, though notoriously a body without a brain, achieved a stroke of genius, for it brought down both birds with a single stone. Postulating first of all the old lex sine lege fiction that every native-born Briton and every British male subject born abroad was legally pressable, it laid it down as a logical sequence that no man, whatever his vocation or station in life, was lawfully exempt; that exemption was in consequence an official indulgence and not a right; and that apart from such indulgence every man, unless idiotic, blind, lame, maimed or otherwise physically unfit, was not only liable to be pressed, but could be legally pressed for the king's service at sea. [Footnote: Admiralty Records 7. 300-Law Officers' Opinions, 1778-83, No. 26; and Admiralty Records 1. 581-Admiral Berkeley, 14 Feb. 1805, well express the official view.] Having thus cleared the ground root and branch, Admiralty magnanimously proceeded to frame a category of persons whom, as an act of grace and a concession to Trade, it was willing to protect from assault and capture by its emissary the press-gang.
These exemptions from the wholesale incidence of the impress were not granted all at once. Embodied from time to time in Acts of Parliament and so-called acts of official grace-slowly and painfully wrung from a reluctant Admiralty by the persistent demands and ever-growing power of Trade-they spread themselves over the entire century of struggle for the mastery of the sea, from which they were a reaction, and, touching the lives of the common people in a hundred and one intimate points and interests, culminated at length in the abolition of that most odious system of oppression from which they had sprung, and in a charter of liberties before which the famous charter of King John sinks into insignificance.
[Illustration: THE PRESS-GANG SEIZING A VICTIM.]
As a matter of policy the foreigner had first place in the list of exemptions. He could volunteer if he chose, [Footnote: Strenuous efforts were made in 1709 to induce the "Poor Palatines"-seven thousand of them encamped at Blackheath, and two thousand in Sir John Parson's brewhouse at Camberwell-to enter for the navy. But the "thing was New to them to go aboard a Man of Warr," so they declined the invitation, "having the Notion of being sent to Carolina."-Admiralty Records 1. 1437-Letters of Capt. Aston.] but he must not be pressed. [Footnote: 13 George II. cap. 17.] To deprive him of his right in this respect was to invite unpleasant diplomatic complications, of which England had already too many on her hands. Trade, too, looked upon the foreigner as her perquisite, and Trade must be indulged. Moreover, he fostered mutiny in the fleet, where he was prone to "fly in the face" of authority and to refuse to work, much less fight, for an alien people. If, however, he served on board British merchant ships for two years, or if he married in England, he at once lost caste, since he then became a naturalised British subject and was liable to have even his honeymoon curtailed by a visit from the press-gang. Such, in fact, was the fate of one William Castle of Bristol in 1806. Pressed there in that year on his return from the West Indies, he was discharged as a person of alien birth; but having immediately afterwards committed the indiscretion of taking a Bristol woman to wife, he was again pressed, this time within three weeks of his wedding-day, and kept by express order of Admiralty. [Footnote: Admiralty Records 1. 1537-Capt. Barker, 23 July 1806.]
For some years after the passing of the Act exempting the foreigner, his rights appear to have been generally, though by no means universally respected. "Discharge him if not married or settled in England," was the usual order when he chanced to be taken by the gang. With the turn of the century, however, a reaction set in. Pressed men claiming to be of alien birth were thenceforth only liberated "if unfit for service." [Footnote: Admiralty Records 1. 2733-Capt. Young, 11 March 1756, endorsement, and numerous instances.] For this untoward change the foreigner could blame none but himself. When taxed with having an English wife, he could seldom or never be induced to admit the soft impeachment. Consequently, whenever he was taken by the gang he was assumed, in the absence of proof to the contrary, to have committed the fatal act of naturalisation. [Footnote: Admiralty Records 1. 581-Admiral Phillip, 26 Feb. 1805.] Alien seamen in distress through shipwreck or other accidental causes, formed a humane exception to this unwritten law.
The negro was never reckoned an alien. Looked upon as a proprietary subject of the Crown, and having no one in particular to speak up for or defend him, he "shared the same fate as the free-born white man." [Footnote: Admiralty Records 1. 482-Admiral Lord Colvill, 29 Oct. 1762.] Many blacks, picked up in the West Indies or on the American coast "without hurting commerce," were to be found on board our ships of war, where, when not incapacitated by climatic conditions, they made active, alert seamen and "generally imagined themselves free." [Footnote: Admiralty Records 1. 585-Admiral Donnelly, 22 Feb. 1815.] Their point of view, poor fellows, was doubtless a strictly comparative one.
Theoretically exempt by virtue of his calling, whatever that might be, the landsman was in reality scarcely less marked down by the gang than his unfortunate brother the seafaring man; for notwithstanding all its professions to the contrary, Admiralty could not afford to ignore the potentialities of the reserve the landsman represented. Hence no occupation, no property qualification, could or did protect him. As early as 1705 old Justice, in his treatise on sea law, deplores bitterly the "barbarous custom of pressing promiscuously landsmen and seamen," and declares that the gang, in its purblind zeal, "hurried away tradesmen from their houses, 'prentices and journeymen from their masters' shops, and even housekeepers (householders) too." By 1744 the practice had become confirmed. In that year Capt. Innes, of His Majesty's armed sloop the Hind, applied to the Lords Commissioners for "Twenty Landsmen from Twenty to Twenty-five years of Age." The Admiralty order, "Let the Regulating Captains send them as he desires," [Footnote: Admiralty Records 1. 1983-Capt. Innes, 3 May 1744, and endorsement.] leaves no room for doubt as to the class of men provided. They were pressed men, not volunteers.
Nor is this a solitary instance of a practice that was rapidly growing to large proportions. Many a landsman, in the years that followed, shared the fate of the Irish "country farmer" who went into Waterford to sell his corn, and was there pressed and sent on board the tender; of James Whitefoot, the Bristol glover, "a timid, unformed young man, the comfort and support of his parents," who, although he had "never seen a ship in his life," was yet pressed whilst "passing to follow his business," which knew him no more; and of Winstanley, the London butcher, who served for upwards of sixteen years as a pressed man. [Footnote: Admiralty Records 1. 1501-Capt. Bligh, 16 May 1781. Admiralty Records 1. 1531-Duchess of Gordon, 14 Feb. 1804. Admiralty Records 1. 584-Humble Petition of Betsey Winstanley, 2 Sept. 1814.] Wilkes' historic barber would have entered upon the same enforced career had not that astute Alderman discovered, to the astonishment of the nation at large, that a warrant which authorised the pressing of seamen did not necessarily authorise the pressing of a city tonsor.
Amongst landsmen the harvester, as a worker of vital utility to the country, enjoyed a degree of exemption accorded to few. Impress officers had particular instructions concerning him. They were to delete him from the category of those who might be taken. Armed with a certificate from the minister and churchwardens of his parish, this migratory farm-hand, provided always he were not a sailor masquerading in that disguise, could traverse the length and breadth of the land to all intents and purposes a free man. To him, as well as to the grower of corn who depended so largely upon his aid in getting his crop, the concession proved an inestimable boon. There were violations of the harvester's status, it is true; [Footnote: Admiralty Records 1. 5125-Memorial of Sir William Oglander, Bart., July 1796.] but these were too infrequent to affect seriously the industry he represented.
So far as the press was concerned, the harvester was better off than the gentleman, for while the former could dress as he pleased, the latter was often obliged to dress as he could, and in this lay an element of danger. So long as his clothes were as good as the blood he boasted, and he wore them with an aplomb suggestive of position and influence, the gentleman was safe; but let his pretensions to gentility lie more in the past than in the suit on his back, and woe betide him! In spite of his protestations the gang took him, and he was lucky indeed if, like the gentleman who narrates his experience in the Review for the both of February 1706, he was able to convince his captors that he was foreign born by "talking Latin and Greek."
To the people at large, whether landsmen or seafarers, the Act exempting from the press every male under eighteen and over fifty-five years of age would have brought a sorely needed relief had not Admiralty been a past-master in the subtle art of outwitting the law. In this instance a simple regulation did the trick. Every man or boy who claimed the benefit of the age-limit when pressed, was required to prove his claim ere he could obtain his discharge. [Footnote: Admiralty Records 7. 300-Law Officers' Opinions, 1778-83, No. 43: "It is incumbent on those who claim to be exempted to prove the facts."] The impossibility of any general compliance with such a demand on the part of persons often as ignorant of birth certificates as they were of the sea, practically wiped the exemption off the slate.
In the eyes of the Regulating Captain no man was older than he looked, no lad as young as he avowed. Hence thousands of pressed men over fifty-five, who did not look the age they could not prove, figured on the books of the fleet with boys whose precocity of appearance gave the lie to their assertions. George Stephens, son of a clerk in the Transport Office, suffered impressment when barely thirteen; and the son of a corporal in Lord Elkinton's regiment, one Alexander M'Donald, was listed in the same manner while still "under the age of twelve." [Footnote: Admiralty Records 1. 583-Vice-Admiral Hunter, 10 May 1813. Admiralty Records 1. 1503-Capt. Butchart, 22 Jan. 1782, and enclosure.] The gang did not pause by the way to discuss such questions.
Apprentices fell into a double category-those bound to the sea, those apprenticed on land. Nominally, the sea apprentice was protected from the impress for a term of three years from the date of his indentures, provided he had not used the sea before; [Footnote: 2 & 3 Anne, cap. 6, re-affirmed 13 George II. cap. 17.] while the land apprentice enjoyed immunity under the minimum age-limit of eighteen years. The proviso in the first case, however, left open a loop-hole the impress officer was never slow to take advantage of; and the minimum age-limit, as we have just seen, had little if any existence in fact. Apprentices pressed after the three years' exemption had expired were never given up, nor could their masters successfully claim them in law. They dropped like ripe fruit into the lap of Admiralty. On the other hand, apprentices pressed within the three years' exemption period were generally discharged, for if they were not, they could be freed by a writ of Habeas Corpus, or else the masters could maintain an action for damages against the Admiralty. [Footnote: Admiralty Records 7. 300-Law Officers' Opinions, 1778-83, No. 25.] 'Prentices who "eloped" or ran away from their masters, and then entered voluntarily, could not be reclaimed by any known process at law if they were over eighteen years of age. On the whole, the position of the apprentice, whether by land or sea, was highly anomalous and uncertain. Often taken by the gang in the hurry of visiting a ship, or in the scurry of a hot press on shore, he was in effect the shuttlecock of the service, to-day singing merrily at his capstan or bench, to-morrow bewailing his hard fate on board a man-o'-war.
When it came to the exemption of seamen, Admiralty found itself on the horns of a dilemma. Both the Navy and the merchant service depended in a very large degree upon the seaman who knew the ropes-who could take his turn at the wheel, scud aloft without going through the lubber-hole, and act promptly and sailorly in emergency. To take wholesale such men as these, while it would enormously enhance the effectiveness of His Majesty's ships of war, must inevitably cripple sea-borne trade. It was therefore necessary, for the well-being of both services, to discover the golden mean. According to statute law [Footnote: 13 George II. cap. 17.] every person using the sea, of what age soever he might be, was exempt from the impress for two years from the time of his first making the venture. The concession did not greatly improve the situation from a trade point of view. It merely touched the fringe of the problem, and Trade was insistent.
A further concession was accordingly made. All masters, mates, boatswains and carpenters of vessels of fifty tons and upwards were exempted from the impress on condition of their going before a Justice of the Peace and making oath to their several qualifications. This affidavit, coupled with a succinct description of the deponent, constituted the holder's "protection" and shielded him, or was supposed to shield him, from molestation by the gang. Masters and mates of colliers, and of vessels laid up for the winter, came under this head; but masters or mates of vessels detected in running dutiable goods, or caught harbouring deserters from the fleet, could be summarily dealt with notwithstanding their protections. The same fate befell the mate or apprentice who was lent by one ship to another.
In addition to the executive of the vessel, as defined in the foregoing paragraph, it was of course necessary to extend protection to as many of her "hands", as were essential to her safe and efficient working. How many were really required for this purpose was, however, a moot point on which ship-masters and naval officers rarely saw eye to eye; and since the arbiter in all such disputes was the "quarter-deck gentlemen," the decision seldom if ever went in favour of the master.
The importance of the coal trade won for colliers an early concession, which left no room for differences of opinion. Every vessel employed in that trade was entitled to carry one exempt able-bodied man for each hundred units of her registered tonnage, provided it did not exceed three hundred. The penalty for pressing such men was 10 Pounds for each man taken. [Footnote: 2 & 3 Anne, cap. 6.]
On the coasts of Scotland commanders of warships whose carpenters had run or broken their leave, and who perhaps were left, like Capt. Gage of the Otter sloop, "without so much as a Gimblett on board," [Footnote: Admiralty Records 1. 1829-Capt. Gage, 29 Sept. 1742.] might press shipwrights from the yards on shore to fill the vacancy, and suffer no untoward consequences; but south of the Tweed this mode of collecting "chips" was viewed with disfavour. There, although ship-carpenters, sailmakers and men employed in rope-walks were by a stretch of the official imagination reckoned as persons using the sea, and although they were generally acknowledged to be no less indispensable to the complete economy of a ship than the able-bodied seaman, legal questions of an extremely embarrassing nature nevertheless cropped up when the scene of their activities underwent too sudden and violent a change. The pressing of such artificers consequently met with little official encouragement. [Footnote: Admiralty Records 7. 300-Law Officers' Opinions, 1778-83, No. 2.]
Where the Admiralty scored, in the matter of ship protections, and scored heavily, was when the protected person went ashore. For when on shore the protected master, mate, boatswain, carpenter, apprentice or seaman no longer enjoyed protection unless he was there "on ship's duty." The rule was most rigorously, not to say arbitrarily, enforced. Thus at Plymouth, in the year 1746, a seaman who protested in broken English that he had come ashore to "look after his master's sheep" was pressed because the naval officer who met and questioned him "imagined sheep to have no affinity with a ship!" [Footnote: Admiralty Records 1. 2381-Capt. John Roberts, 11 July 1746. Capt. Roberts was a very downright individual, and years before the characteristic had got him into hot water. The occasion was when, in 1712, an Admiralty letter, addressed to him at Harwich and containing important instructions, by some mischance went astray and Roberts accused the Clerk of the Check of having appropriated it. The latter called him a liar, whereupon Roberts "gave him a slap in the face and bid him learn more manners." For this exhibition of temper he was superseded and kept on the half-pay list for some six years. Admiralty Records 1. 1471-Capt. Brand, 8 March 1711-12. Admiralty Records 1. 2378, section 11, Admiralty note.]
Any mate who failed to register his name at the rendezvous, as soon as his ship arrived in port, did so at his peril. Without that formality he was "not entitled to liberty." So strict was the rule that when William Tassell, mate of the Elizabeth ketch, was caught drinking in a Lynn alehouse one night at ten o'clock, after having obtained "leave to run about the town" until eight only, he was immediately pressed and kept, the Admiralty refusing to declare the act irregular. [Footnote: Admiralty Records 1. 1546-Capt. Bowyer, 25 July 1809, and enclosure.]
In many ports it was customary for sailors to sleep ashore while their ships lay at the quay or at moorings. The proceeding was highly dangerous. No sailor ever courted sleep in such circumstances, even though armed with a "line from the master setting forth his business," without grave risk of waking to find himself in the bilboes. The Mayor of Poole once refused to "back" press-warrants for local use unless protected men belonging to trading vessels of the port were granted the privilege of lodging ashore. "Certainly not!" retorted the Admiralty. "We cannot grant Poole an indulgence that other towns do not enjoy." [Footnote: Admiralty Records 1. 2485-Capt. Scott, 4 Jan. 1780, and endorsement.]
In spite of the risk involved, the sailor slept ashore and-if he survived the night-tried to steal back to his ship in the grey of the morning. Now and then, by a run of luck, he made his offing in safety; but more frequently he met the fate of John White of Bristol, who was taken by the gang when only "about ninety yards from his vessel."
The only exceptions to this stringent rule were certain classes of men engaged in the Greenland and South Seas whale fisheries. Skilled harpooners, linesmen and boat-steerers, on their return from a whaling cruise, could obtain from any Collector of Customs, for sufficient bond put in, a protection from the impress which no Admiralty regulation, however sweeping, could invalidate or override. Safeguarded by this document, they were at liberty to live and work ashore, or to sail in the coal trade, until such time as they should be required to proceed on another whaling voyage. If, however, they took service on board any vessel other than a collier, they forfeited their protections and could be "legally detained." [Footnote: 13 George II. cap. 28. Admiralty Records 1. 2732-Capt. Young, 14 March 1756. Admiralty Records 7. 300-Law Officers' Opinions, 1778-83, No. 42.]
In one ironic respect the gang strongly resembled a boomerang. So thoroughly and impartially did it do its work that it recoiled upon those who used it. The evil was one of long standing. Pepys complained of it bitterly in his day, asserting that owing to its prevalence letters could neither be received nor sent, and that the departmental machinery for victualling and arming the fleet was like to be undone. With the growth of pressing the imposition was carried to absurd lengths. The crews of the impress tenders, engaged in conveying pressed men to the fleet, could not "proceed down" without falling victims to the very service they were employed in. [Footnote: Admiralty Records 1. 1486-Capt. Baird, 27 Feb. 1755, and numerous instances.] To check this egregious robbing of Peter to pay Paul, both the Navy Board and the Government were obliged to "protect" their own sea-going hirelings, and even then the protections were not always effective.
Between the extremes represented by the landsman who enjoyed nominal exemption and the seaman who enjoyed none, there existed a middle or amphibious class of persons who lived exclusively on neither land nor water, but habitually used both in the pursuit of their various callings. These were the wherry or watermen, the lightermen, bargemen, keelmen, trowmen and canal-boat dwellers frequenting mainly the inland waterways of the country.
In the reign of Richard II. the jurisdiction of Admirals was denned as extending, in a certain particular, to the "main stream of great rivers nigh the sea." [Footnote: 15 Richard II. cap. 2.] Had the same line of demarcation been observed in the pressing of those whose occupations lay upon rivers, there would have been little cause for outcry or complaint. But the Admiralty, the successors of the ancient "Guardians of the Sea" whose powers were so clearly limited by the Ricardian statute, gradually extended the old-time jurisdiction until, for the purposes of the impress, it included all waterways, whether "nigh the sea" or inland, natural or artificial, whereon it was possible for craft to navigate. All persons working upon or habitually using such waterways were regarded as "using the sea," and later warrants expressly authorised the gangs to take as many of them as they should be able, not excepting even the ferryman. The extension was one of tremendous consequence, since it swept into the Navy thousands of men who, like the Ely and Cambridge bargemen, were "hardy, strong fellows, who never failed to make good seamen." [Footnote: Admiralty Records 1. 1486-Capt. Baird, 29 April 1755.]
Amongst these denizens of the country's waterways the position of the Thames wherryman was peculiar in that from very early times he had been exempt from the ordinary incidence of the press on condition of his periodically supplying from his own numbers a certain quota of able-bodied men for the use of the fleet. The rule applied to all watermen using the river between Gravesend and Windsor, and members of the fraternity who "withdrew and hid themselves" at the time of the making of such levies, were liable to be imprisoned for two years and "banished any more to row for a year and a day." [Footnote: 2 & 3 Philip and Mary, cap. 16.] The exemption he otherwise enjoyed appears to have conduced not a little to the waterman's proverbial joviality. As a youth he spent his leisure in "dancing and carolling," thus earning the familiar sobriquet of "the jolly young waterman." Even so, his tenure of happiness was anything but secure. With the naval officer and the gang he was no favourite, and few opportunities of dashing his happiness were allowed to pass unimproved. In the person of John Golden, however, they caught a Tartar. To the dismay of the Admiralty and the officer responsible for pressing him, he proved to be one of my Lord Mayor's bargemen. [Footnote: Admiralty Records 1. 2733-Capt. Young, 7 March 1756.]
Apart from the watermen of the Thames, the purchase of immunity from the press by periodic levies met with little favour, and though the levy was in many cases reluctantly adopted, it was only because it entailed the lesser of two evils. The basis of such levies varied from one man in ten to one in five-a percentage which the Admiralty considered a "matter of no distress"; and the penalty for refusing to entertain them was wholesale pressing.
The Tyne keelmen, while ostensibly consenting to buy immunity on this basis, seldom levied the quota upon themselves. By offering bounties they drew the price of their freedom to work in the keels from outside sources. Lord Thurlow confessed that he did not know what "working in the keels" meant. [Footnote: Admiralty Records 7. 299-Law Officers' Opinions, 1752-77, No. 70.] There were' few in the fleet who could have enlightened him of their own experience. The keelmen kept their ranks as far as possible intact. In this they were materially aided by the Mayor and Corporation of Newcastle, who held a "Grand Protection" of the Admiralty, and in return for this exceptional mark of their Lordships' favour did all they could to further the pressing of persons less essential to the trade of the town and river than were their own keelmen.
On the rivers Severn and Wye there was plying in 1806 a flotilla of ninety-eight trows, ranging in capacity from sixty to one hundred and thirty tons, and employing five hundred and eighty-eight men, of whom practically all enjoyed exemption from the press. It being a time of exceptional stress for men, the Admiralty considered this proportion excessive, and Capt. Barker, at that time regulating the press at Bristol, was ordered to negotiate terms. He proposed a contribution of trowmen on the basis of one in every ten, coupling the suggestion with a thinly veiled threat that if it were not complied with he would set his gangs to work and take all he could get. The Association of Severn Traders, finding themselves thus placed between the devil and the deep sea, agreed to the proposal with a reluctance they in vain endeavoured to hide under ardent protestations of loyalty. [Footnote: Admiralty Records 1. 1537-Capt. Barker, 24 April and 9 May 1806, and enclosure.]
In the three hundred "flats" engaged in carrying salt, coals and other commodities between Nantwich and Liverpool there were employed, in 1795, some nine hundred men who had up to that time largely escaped the attentions of the gang. In that year, however, an arrangement was entered into, under duress of the usual threat, to the effect that they should contribute one man in six, or at the least one man in nine, in return for exemption to be granted to the remainder. [Footnote: Admiralty Records 1. 578-Admiral Pringle, Report on Rendezvous, 2 April 1795.]
Turf-boats plying on the Blackwater and the Shannon seem to have enjoyed no special concessions. The men working them were pressed when-ever they could be laid hold of, and if they were not always kept, their discharge was due to reasons of physical unfitness rather than to any acknowledged right to labour unmolested. Ireland's contribution to the fleet, apart from the notoriously disaffected, was of too much consequence to be played with; for the Irishman was essentially a good-natured soul, and when his native indolence and slowness of movement had been duly corrected by a judicious use of the rattan and the rope's-end, his services were highly esteemed in His Majesty's ships of war.
In the category of exemptions the fisheries occupied a place entirely their own. They were carefully fostered, but indifferently protected.
Previous to the year 1729 the most important concession granted to those engaged in the taking of fish was the establishing of two extra "Fishe Dayes" in the week. The provision was embodied in a statute of 1563, whereby the people were required, under a penalty of, 3 Pounds for each omission, "or els three monethes close Imprisonment without Baile or Maineprise," to eat fish, to the total exclusion of meat, on Fridays and Saturdays, and to content themselves with "one dish of flesh to three dishes of fish" on Wednesdays. [Footnote: 5 Elizabeth, cap. 5.] The enactment had no religious significance whatever; but in order to avoid any suspicion of Popish tendencies it was deemed advisable, by those responsible for the measure, to saddle it with a rider to the effect that all persons teaching, preaching or proclaiming the eating of fish, as enjoined by the Act, to be of "necessitee for the saving of the soule of man," should be punished as "spreaders of fause newes." The true significance of the measure lay in this. The abolition of Romish fast-days had resulted, since the Reformation, in an enormous falling off in the consumption of fish, and this decrease had in turn played havoc with the fisheries. Now the fisheries were in reality the national incubator for seamen, and Cecil, Elizabeth's astute Secretary of State, perceiving in their decadence a grave menace to the manning of prospective fleets, determined, for that reason if for no other, to reanimate the dying industry. The Act in question was the practical outcome of his deliberations. [Footnote: State Papers Domestic, Elizabeth, vol. xxvii. Nos. 71 and 72, comprising Cecil's original memoranda.]
An enactment which combined so happily the interests of the fisher classes with those of national defence could not but be productive of far-reaching consequences. The fishing industry not only throve exceedingly because of it, it in time became, as Cecil clearly foresaw it would become, a nursery for seamen and a feeder of the fleet as unrivalled for the excellence of its material as it was inexhaustible in its resources. Its prosperity was in fact its curse. Few exemptions were granted it. Adventurers after whale and cod had special concessions, suited to the peculiar conditions of their calling; but with these exceptions craft of every description employed in the taking or the carrying of fish, for a very protracted period enjoyed only such exemptions as were grudgingly extended to sea-going craft in general. The source of supply represented by the leviathan industry was too valuable to be lightly restricted.
On the other hand, it was too important to be lightly depleted. Therefore under Cecil's Act establishing extra "Fishe Dayes," no fisherman "using or haunting the sea" could be pressed off-hand to serve in the Queen's Navy. The "taker," as the press-master was at that time called, was obliged to carry his warrant to the Justices inhabiting the place or places where it was proposed that the fishermen should be pressed, and of these Justices any two were empowered to "choose out such nomber of hable men" as the warrant specified. In this way originated the "backing" or endorsing of warrants by the civil power. At first obligatory only as regards the pressing of fishermen, it came to be regarded in time as an essential preliminary to all pressing done on land.
No further provision of a special nature would appear to have been made for the protecting of fisher folk from the press until the year 1729, when an exemption was granted which covered the master, one apprentice, one seaman and one landsman for each vessel. [Footnote: 2 George n. cap. 15.] In 1801, however, a sweeping change was inaugurated. A statute of that date provided that no person engaged in the taking, curing or selling of fish should be impressed. [Footnote: 41 George in. cap. 21.] The exemption came too late to prove substantially beneficial to an industry which had suffered incalculable injury from the then recent wars. The press-gang was already nearing its last days.
Prior to the Act of 1801 persons whose sole occupation was "to pick oysters and mussels at low water" were accounted fishermen and habitually pressed as "using the sea."
The position of the smaller fry of fishermen is thrown into vivid relief by an official communique of 1709 as opposed to an incident of later date. "These poor people," runs the note, which was addressed to a naval commander who had pressed a fisherman out of a boat of less than three tons, "have been always protected for the support of their indigent families, and therefore they must not Be taken into the service unless there is a pressing occasion, and then they will be all forced thereinto." [Footnote: Admiralty Records 1.2377-Capt. Robinson, 4 Feb. 1708-9, and endorsement.] Captain Boscawen, writing from the Nore in 1745, supplies the antithesis. He had been instructed to procure half a dozen fishing smacks, each of not less than sixty tons burden, for transport purposes. None were to be had. "The reason the fishermen give for not employing vessels of that size," he states, in explanation of the fact, "is that all the young men are pressed, and that the old men and boys are not able to work them." [Footnote: Admiralty Records 1. 1481-Capt. Boscawen, 23 Dec. 1745.]
Conditions such as these in time taught the fisherman wisdom, and he awoke to the fact that exemption for a consideration, as in the case of workers on rivers and canals, was preferable to paying through the nose. The Admiralty was never averse from driving a bargain of this description. It saved much distress, much bad blood, much good money. In this way Worthing fishermen bought exemption in 1780. The fishery of that town was then in its infancy, the people engaged in it "very poor and needy." They employed only sixteen boats. Yet they found it cheaper to contribute five men to the Navy, at a cost of 40 Pounds in bounties, than to entertain the gang. [Footnote: Admiralty Records 1. 1446-Capt. Alms, 2 Jan. 1780.]
The Orkney fisherman bought his freedom, both on his fishing-grounds and when carrying his catch to market, on similar terms; but being a person of frugal turn of mind, he gradually developed the habit of withholding his stipulated quota. The unexpected arrival in his midst of an armed smack, followed by a spell of vigorous pressing, taught him that to be penny-wise is sometimes to be pound-foolish. [Footnote: Admiralty Records 1. 2740-Lieut. Abbs, 11 May 1798, and Admiralty note.]
On the Scottish coasts fishermen and ferrymen-the latter a numerous class on that deeply indented seaboard-offered up one man in every five or six on the altar of protection. The sacrifice distressed them less than indiscriminate pressing. A prosperous people, they chose out those of their number who could best be spared, supporting the families thus left destitute by common subscription. Buss fishermen, who followed the migratory herring; from fishing-ground to fishing-ground, were in another category. Their contribution, when on the Scottish coast, figured out at a man per buss, but as they were for some inscrutable reason called upon to pay similar tribute on other parts of the coast, they cannot be said to have escaped any too lightly. Neither did the four hundred fishing-boats composing the Isle of Man fleet. Their crews were obliged to surrender one man in every seven. [Footnote: Admiralty Records 1. 579-Admiral Pringle, Report on Rendezvous, 2 April 1795; Admiral Philip, Report on Rendezvous, 1 Aug. 1801.]
Opinions as to the value of material drawn from these sources differed widely. The buss fisherman was on all hands acknowledged to be a seasoned sailor; but when it came to those employed in smaller craft, it was held that heaving at the capstan for a matter of only six or seven weeks in the year could never convert raw lads into useful seamen, even though they continued that healthful form of exercise all their lives. This was the view entertained by the masters of fishing-smacks smarting from loss of "hands." [Footnote: Admiralty Records 1. 1497-Thomas Hurry, master, 3 March 1777.]
Admiralty saw things in quite another light. "What you admit," said their Lordships, expressing the counter-view, "it is our business to prevent. We will therefore take these lads, who are admittedly of no service to you save for hauling in your nets or getting your anchors, and will make of them what you, on your own showing, can never make-able seamen.": The argument, backed as it was by the strong arm of the press-gang, was unanswerable.
The fact that the fisherman passed much of his time on shore did not free him from the press any more than it freed the waterman, or the worker in keel or trow. In his main vocation he "used the sea," and that was enough. For the use of the sea was the rule and standard by which every man's liability to the press was supposed to be measured and determined.
Except in the case of masters, mates and apprentices to the sea, whose affidavits or indentures constituted their respective safeguards against the press, every person exempt from that infliction, whether by statute law or Admiralty indulgence, was required to have in his possession an official voucher setting forth the fact and ground of his exemption. This document was ironically termed his "protection."
Admiralty protections were issued under the hand of the Lord High Admiral; ordinary protections, by departments and persons who possessed either delegated or vested powers of issue. Thus each Trinity House protected its own pilots; the Customs protected whale fishermen and apprentices to the sea; impress officers protected seamen temporarily lent to ships in lieu of men taken out of them by the gangs. Some protections were issued for a limited period and lapsed when that period expired; others were of perpetual "force," unless invalidated by some irregular acton the part of the holder. No protection was good unless it bore a minute description of the person to whom it applied, and all protections had to be carried on the person and produced upon demand. Thomas Moverty was pressed out of a wherry in the Thames owing to his having changed his clothes and left his protection at home; and John Scott of Mistley, in Suffolk, was taken whilst working in his shirtsleeves, though his protection lay in the pocket of his jacket, only a few yards away. [Footnote: Admiralty Records 1. 1479-Capt. Bridges, 11 August 1743. Admiralty Records 1. 1531-Capt. Ballard, 15 March 1804, and enclosure.]
The most trifling irregularity in the protection itself, or the slightest discrepancy between the personal appearance of the bearer and the written description of him, was enough to convert the protection into so much waste paper and the bearer into a naval seaman. North-country apprentices, whose indentures bore a 14s. stamp in accordance with Scottish law, were pressed because that document did not bear a 15s. stamp according to English law. A seaman was in one instance described in his protection as "smooth-faced," that is, beardless. The impress officer scrutinised him closely. "Aha!" said he, "you are not smooth-faced. You are pockmarked"; and he pressed the poor fellow for that reason.
To be over-protected was as bad as having no protection at all. Thomas Letting, a collier's man, and John Anthony of the merchant ship Providence, learnt this fact to their cost when they were taken out of their respective ships for having each two protections. In short, the slightest pretext served. If a protection had but a few more days to run; if the name, date, place or other essential particular showed signs of "coaxing," that is, of having been "on purpose rubbed out" or altered; if a man's description did not figure in his protection, or if it figured on the back instead of in the margin, or in the margin instead of on the back; if his face wore a ruddy rather than a pale look, if his hair were red when it ought to have been brown, if he proved to be "tall and remarkable thin" when he should have been middle-sized and thick-set-in any of these, as in a hundred and one similar cases, the bearer of the protection paid the penalty for what the impress officer regarded as a "hoodwinking attempt" to cheat the King's service of an eligible man.
Notwithstanding the fact that the impress officer regarded every pressable man as a person who made it his chief business in life to defraud the Navy of his services on the "miserable plea of a protection," it by no means followed that his zeal in pressing him on that account had in every case the countenance or met with the unqualified approval of the Admiralty. Thousands of men and boys taken in this irresponsible fashion obtained their discharge, though with more or less difficulty and delay, when the facts of the case were laid before the naval authorities; and in general it may be said, that although the Lords Commissioners were only too ready to wink at any colourable excuse whereby another physical unit might be added to the fleet, they nevertheless laid it down as a rule, inviolable at least on paper, "never to press any man from protections," since it brought "great trouble and clamour upon them." [Footnote: Admiralty Records 3. 50-Admiralty Minutes, 26 Feb. 1744-5.] To assert that the rule was generally obeyed would be to turn the truth into a lie. On the contrary, it was almost universally disregarded. Both officers and gangs traversed it on every possible occasion, leaving the justice or injustice of the act to the arbitrament of the higher tribunal. Zeal for the service was no crime, and to release a man was always so much easier than to catch him.
"Pressing from protections," as the phrase ran in the service, did not therefore mean that the Admiralty over-rode its own protections at pleasure. It merely signified that on occasion more than ordinarily stringent measures were adopted for the holding-up and examining of all protected persons, or of as many of them as could be got at by the gangs, to the end that all false or fraudulent vouchers might be weeded out and the dishonest bearers of them consigned to another place. And yet there were times when "pressing from protections" had its plenary significance too.
Lovers of prints who are familiar with Hogarth's "Stage Coach; or, a Country Inn Yard," date 1747, will readily recall the two "outsides"-the one a down-in-the-mouth soldier, the other a jolly Jack-tar on whose bundle may be read the word "Centurion." Now the Centurion was Anson's flag-ship, and in this print Hogarth has incidentally recorded the fact that her crew, on their return from that famous voyage round the world, were awarded life-protections from the press. [Footnote: Admiralty Records 1. 1440-Capt. Anson, 24 July 1744.]
The life-protection was an indulgence extended to few. Samuel Davidson of Newcastle, sailor, aged fifty, who had "served for nine years during the late wars," in 1777 made bold to plead that fact as a reason why he should be freed from the attentions of the press-gang for the rest of his life. But the Lords Commissioners refused to admit the plea "unless he was in a position not inferior to that of chief mate." On the other hand, Henry Love of Hastings, who had merely served in a single Dutch expedition, but had the promise of Pitt and Dundas that both he and those who volunteered with him should never be pressed, was immediately discharged when that calamity befell him. [Footnote: Admiralty Records 1. 1449-Capt. Columbine, 21 July 1800.]
The granting of extraordinary protections was thus something entirely erratic and not to be counted upon. Captain Balchen in 1708 had special protections for ten of his ship's company whom he desired to bring to London as witnesses in a suit then pending against him; but the building of the three earlier Eddystone lighthouses was allowed to be seriously impeded by the pressing of the unprotected workmen when on shore at Plymouth, and the keepers of the first erection of that name were once carried off bag and baggage by the gang.
Smeaton, who built the third Eddystone, protected his men by means of silver badges, and his storeboat enjoyed similar immunity-presumably with the consent of Admiralty-by reason of a picture of the lighthouse painted on her sail. Other great constructors, as well as rich mercantile firms, bought protection at a price. They supplied a stipulated number of men for the fleet, and found the arrangement a highly convenient one for ridding themselves of those who were useless to them or had incurred their displeasure. [Footnote: Admiralty Records 1. 583-Admiral Thornborough, 30 Nov. 1813.]
Private protections, of which great numbers saw the light, were in no case worth the paper they were written on. Joseph Bettesworth of Ryde, Isle of Wight, Attorney-at-Law and Lord of the Manor of Ashey and Ryde, by virtue of an ancient privilege pertaining to that Manor and confirmed by royal Letters Patent, in 1790 protected some twenty seafaring men to work his "Antient Ferry or Passage for the Wafting of Passengers to and from Ride, Portsmouth and Gosport, in a smack of about 14 tons, and a wherry." The regulating captain at the last-named place asked what he should do about it. "Press every man as soon as possible," replied their Lordships. [Footnote: Admiralty Records 1. 1506-Capt. John Bligh, June 1790, and enclosure.]
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