The following is the complete text of the trial of Captain Edward
Rigby for sodomy in 1698. It documents the first recorded use of
an agent provocateur, employed for the purposes of
entrapment by the Societies for the Reformation for Manners.
These Societies were formed in Tower Hamlets, London, in 1690,
with their primary object being the suppression of bawdy houses
and profanity. A network of moral guardians was set up, with four
stewards in each ward of the City of London, two for each parish,
and a committee, whose business it was to gather the names and
addresses of offenders against morality, and to keep minutes of
their misdeeds. By 1699 there were nine such societies, and by
1701 there were nearly 20 in London, plus others in the
provinces, all corresponding with one another and gathering
information and arranging for prosecutions.
Rigby's trial was mentioned in several satirical ballads,
including The Women's Complaint to
Venus.
The Societies for the Reformation of Manners were also
responsible for the arrest of a group of sodomites in 1707, of
whom several committed suicide while in prison. See The Tryal and Conviction of Several Reputed
Sodomites.
Rigby's trial is remarkable for showing that as early as the
1690s some men were aware of being part of a historical
tradition: Rigby tells Minton, "it's no more than was done
in our Fore-fathers time." As with many modern gay men,
Rigby justified himself — and perhaps developed some sense
of gay identity — by referring to historical figures and
great men who were also gay.
It should be noted that his reference to Peter the Great is
probably based upon first-hand evidence (I don't think any
biographer of Peter has referred to this contemporary evidence).
Rigby must have observed Peter lying with Prince Alexander (a
handsome lad Peter had picked up in the Moscow slums who became
the most powerful man in Russia) during Peter's visit to England
from 11 January through 21 April 1698, aboard the royal yacht,
or perhaps during Peter's two-month stay in Deptford to examine
the shipyards, where he caroused with the English sailors, or
perhaps in the course of the sham naval battle that was staged
for Peter's entertainment on a visit to Portsmouth. Captain Rigby
might well have had some official role to play during this state
visit of the Russian monarch whose obsession was the buildilng
of ships. Rigby had been made captain of the
Mermaid fireship in 1693, and from 1695
until his arrest he commanded the Dragon, a 40 gun man-
of-war in the squadron under Commodore Moody; he had taken two
valuable prizes in the Mediterranean, and was an officer of some
small fame.
Another man was indicted for aiding, abetting, and assisting
Rigby in his sodomitical attempts, but was not named at the
trial. He was probably Edward FitzGerald, one of two men with the
same name, both of whom accused William Tipping, a clergyman, of
suborning them to falsely charge Rigby with sodomizing them.
Tipping was indicted for this conspiracy in July 1699, but the
FitzGeralds' charge was not believed, and the Grand Jury threw
out the bill, with directions to seek out the two FitzGeralds to
try them for perjury. Tipping was almost certainly another member
of the Societies for the Reformation of Manners and a friend of
Thomas Bray.
After serving his prison sentence, Rigby
fled to France, where he became a Roman Catholic and entered the
enemy's service. In 1711 the French man-of-war the
Toulouse was sighted by two English
ships that were returning to Port Mahon in the Mediterranean.
They engaged and captured her, and towed the badly damaged ship
into port. The Second Captain of the
Toulouse turned out to be none other
than Edward Rigby. At Port Mahon the resourceful Captain Rigby
found means to get on board a Genoese ship lying at anchor in the
harbour, and by that means he again escape to France. He was
highly regarded in France for his marine skills, and very well
paid, though his pleasures were said to have been expensive.
The trial is preceded by several newspaper reports.
Rictor Norton
24 November 1698
10 December 1698
Sat-Tues 10-13 December 1698
13 December 1698
17-20 December 1698
Tues-Turs 20-22 December 1698
Tues-Thurs 20-22 December 1698
22 December 1698
Thurs-Sat 22-24 December 1698
14 January 1699
Captain Rigby being sensible of his Guilt, and unwilling
the same should be disclosed to the World, would not therefore
Plead Not Guilty to his Inditment; neither would he
confess the same, but Demurr'd to the Indictment, in hopes, as
his council alledged, that they might find some Fault therein;
but upon Arguing the Demurrer, the Court were of Opinion the
Indictment was good, and therefore Judgment was given against
Rigby, which was the same as if he had Pleaded
Guilty. And on the last day of the Sessions, the council
for the King demanded Judgment against him, which could not be
Adequate to his Crime; and for the Information of the Court, in
order to give a Just and Exemplary Judgment, pray'd, That several
Affidavits which were produced might be Read, which accordingly
were Read; whereby it appeared,
That on Saturday the Fifth of November last,
Minton standing in St. James's Park, to see the
Fireworks [i.e. the Guy Fawkes bonfire], Rigby stood by him and took him by the hand,
and squeez'd it; put his Privy Member Erected into
Minton's Hand; kist him, and put his Tongue into
Minton's Mouth, who being much astonish'd at these
Actions went from him; but Rigby pursued him, and
accosted him again; and after much Discourse prevailed with
Minton to tell him where he lodged, and to meet him the
Monday following about Five a Clock, at the George-
Tavern in the Pall mall, and to Enquire for
Number 4. Minton the next day Acqainted
Charles Coates, Esq; (with whom he lived) with what had
happened to him the Night before, and desired his Advice and
Direction therein; who with a Worthy Divine then present (being
willing to detect and punish the Villany designed by
Rigby) directed Minton to apply himself to Thomas Railto
Esq; a Justice of the Peace for Middlesex; who being informed of
what past between Rigby and Minton, appointed
his Clark with a Constable, and two other Persons, to go with
Minton to the George-Tavern, who were to stay
in some Room adjoyning to the Room whereinto Minton
should go: and if any Violence should be offered to him, upon
crying out "Westminster" the Constable and his
Assistance should immediately enter the Room.
That on Monday the Seventh of November last,
about Four of the Clock in the Afternon, Rigby came to
the George-Tavern, and left Number 4 at the
Bar, with Directions, That if any Enquired for that Number, to
send them to him; after Rigby had been about an Hour at
the Tavern, (Minton not coming) Rigby called
up one of the Drawers, and in a Passionte manner, bid him go to
Minton's Lodgings, and enquire for a young Gentleman;
and if he were within, to tell him a Gentleman staid for him at
the George-Tavern; the Drawer accordingly went, but
Minton not being within, the Drawer return'd that Answer
to Rigby.
That about six a clock Minton came to the George
Tavern, enquired for Number 4. and was shewed into the room
where Rigby was, and [t]he Constable and his assistance
were placed in a Room adjoyning; Rigby seemed much
pleased upon Mintons coming, and drank to him in a glass
of Wine and kist him, took him by the Hand, put his Tongue into
Mintons Mouth, and thrust Mintons hand into his
(Rigby) Breeches, saying, "He had raised his Lust
to the highest degree," Minton thereupon askt,
"How can it be, a Woman was only fit for that,"
Rigby answered, "Dam'em, they are all Poxt, I'll
have nothing to do with them." Then Rigby sitting
on Mintons Lap, kist him several times, putting his
Tongue into his mouth, askt him, "if he should F[uck] him,"
"how can that be" askt Minton, "I'le show
you" answered Rigby, "for it's no more than was
done in our Fore-fathers time"; and then to incite
Minton thereto, further spake most Blaphemous words, and
said, "That the French King did it, and the Czar
of Muscovy made Alexander, a Carpenter, a
Prince for that purpose," and affirmed, "He had seen
the Czar of Muscovy through a hole at Sea, lye
with Prince Alexander." Then Rigby kist
Minton several times, putting his Tongue in his Mouth,
and taking Minton in his Arms, wisht he might lye with
him all night, and that his Lust was provoked to that degree, he
had — [i.e. ejaculated] in his Breeches, but
notwithstanding he could F[uck] him; Minton thereupon
said, "sure you cannot do it here," "yes,"
answered Rigby, "I can," and took
Minton to a corner of the Room, and put his Hands into
Mintons Breeches, desiring him to pull them down, who
answered "he would not, but he (Rigby) might do
what he pleased"; thereupon Rigby pulled down
Mintons Breeches, turn'd away his shirt, put his Finger
to Mintons Fundament, and applyed his Body close to
Mintons, who feeling something warm touch his Skin, put his hand
behind him, and took hold of Rigbys Privy Member, and said to
Rigby "I have now discovered your base Inclinations, I will
expose you to the World, to put a stop to these Crimes"; and
thereupon Minton went towards the door, Rigby stopt him, and drew
his Sword, upon which Minton gave a stamp with his foot, and
cry'd out "Westminster"; then the Constable
and his Assistance came into the Room, and seized Rigby, who
offer'd the Constable a Gratuity to let him go, which he
refusing, carryed Rigby before Sir Henry Dutton Colt, before whom
Minton charged Rigby (who was present) with the Fact to the
effect before related; who being askt by Sir Henry Colt,
"Whether the Fact Minton had charged him with were
True," Rigby denyed not that the Charge against him was
true, only objected against some inconsiderable Circumstances,
which no ways tended to the lessening of the Charge.
That after all the Informations were read, Rigby was askt by the
Court, "What he had to say for himself," he desired
that a Gentlemans Affidavit who was present when this matter was
transacted might be read; the Court told him, "That that
Gentleman stood Indicted in the same Indictment with him for
being Aiding, Advising, and Assisting to him, in committing his
Crime, and therefore could not be an Evidence for him."
Rigby was askt by the Court "what further he had to
say," he insisted on his Innocency, that he was misadvised
by his Council in Demurring to the Inditment, which if he had
known had been Confessing of the Fact in case the Court had been
of Opinion that the Indictment was sufficient, he would not have
done it; but seeing the Law was so he must submit to it; he said
he was Drunk and might kiss Minton several times. To which it was
answered by the Kings Council, "That his (Rigbys) Council
had well advised him, and he knew his Guilt to be such, That it
would be proved by Three or Four Witnesses beyond all
contradiction," and therefore Rigby Demurred to the
Indictment, in hopes thereby his Crime would not be Disclosed,
as it must have been if he had pleaded Not Gulty to his
Indictment, and submitted to a Tryal; but as the Fact had now been
made publick in Court; and it also appearing that he was not
Drunk when he Committed it.
It was therefore prayed by the King's Council, that the Court
would give an Exemplary Judgment against him, for that Crime of
which, by his own Confession, he stood Convicted, and was not in
its Nature to be Aggravated.
And the Judgment which was pronounced by the Court against Rigby,
was, viz.
That he stand Three several Days in the Pillory, for the
space of two Hours, from Eleven of the Clock to One, in each of
those days.
The first day over-against the George-Tavern in the Pall-mall;
the Second day at Charing-Cross, and the Third day at Temple-Bar.
That he pay a Fine of 1000l. to the King.
That he lye in Prison for a Year, after he shall have paid his
Fine.
And that before he be discharged out of Prison, he shall find
sufficient Sureties for his good Behaviour for Seven Years
CITATION: If you cite this Web page, please use the following citation:
Introduction
The case of Captain Rigby has everything a gay historian requires: sex, dramatic incident, humour, some degree of gay pride or at least defiance, personal human interest, and wider social relevance. It also holds together as an accessible story that can be easily grasped without the need for historical filters. The gay past here does not seem to be a different country, but a country very recognizeable to us today. Nevertheless, there is some historical context that would be useful to make some things more easily appreciated, which I mention in the following notes.
Their first queer victim was Captain Edward Rigby. Early in 1698
he had been tried for sodomy at a court-martial, at which he was
acquitted. But Reverend Thomas Bray, a leading member of the
Societies for Reformation of Manners, believed Rigby to be
guilty, and he worked out a plan with the constabulary to entrap
him using as bait the servant named Minton who had previously
been approached by Rigby. Minton's master was Rev. Charles
Coates, who was a parishoner of Thomas Bray. The trial below
gives all the details.
There are now above 400 Prisoners in Newgate, 78 of whom are to Plead his Majesties Pardon next Sessions, and the rest are to come upon their Tryals, some of whom are for Buggery. (Dawks's News-Letter)
The Sessions is not yet ended, but 2 persons are convicted for that wicked crime of Buggery. (Dawks's News-Letter)
Yesterday the Trials ended at the Old Bailly [sic] when about 22 Criminals received Sentence of Death for different Crimes; a great many were Burnt in the Hand, and a certain Captain was fined in 1000 l. and ordered to stand 3 times in the Pillory for Buggery; as were some others for Misdemeanors, &c. Some others are Continued in Prison for Exchequer Notes, High-ways, &c. And then the Court Adjourned to 8 of the Clock on Friday Morning next, when above 70 persons are to plead their Pardons. Four Women that were Condemned to Die, pleaded their Bellies; and the Jury of Matrons returned 3 of them quick with Child, but the 4th otherwise. (The Flying Post)
Yesterday the Tryials ended at the Old Bayly, when about 22 Criminals, received Sentence of Death for different Crimes, near 40 were Burnt in the Hand, and a Captain was Fined 1000l. and ordered to Stand 3 times in the Pillory for Buggery, and some others for other Crimes, &c. (Dawks's News-letter)
We are informed that a Man Servant, belonging to the Right Honorable the Lady Mary Howard, getting out of Bed on Monday morning last, came down Stairs, and putting himself in Womens Apparel, went up again to his Bed, and laid himself athwart it, and cut his own Throat. (The Flying Post) (Nearly the same report appeared in Dawks's News-letter for 20 December.)
On Tuesday last Captain Rigby stood in the Pillory, over-against the George Tavern in the Pall-Mall, and yesterday in Charing-Cross, according to Sentence, for attempting Sodomy; he appeared very gay. He is to stand again to morrow without Temple-Bar. (The Flying Post)
On Tuesday last Capt. Rigby stood upon the Pillory in the Pall Mall, before the George Tavern, and yesterday he stood at Chairing [sic Cross. (The Post Boy)
Yesterday Captain Rigby stood on the Pillory at Charing Cross, and this day without Temple Bar. (Dawks's News-letter)
On Thursday last Captain Rigby stood on the Pillory without Temple Bar, as did likewise two other Fellows in the Pillory within the Bar. (The Post Boy)
I am informed that three other Indictments for Beastly Crimes are ready to be exhibited agianst Captain Rigby. (Dawks's News-letter)
An Indictment was found against Captain Rigby, for that
he, the Seventh day of November last, did Solicite,
Incite, and as well by words as otherways, endeavour to perswade
one William Minton (of about the Age of Nineteen Years)
to suffer him the said Rigby, to commit the Crime of
Sodomy with him the said Minton. And the said
Rigby did also Endeavour and Attempt, to Commit the
Crime of Sodomy with him the said Minton; and
did also do and perpetrate divers other Enormities and abominable
things, with an intent to Commit the Crime of Sodomy
with the said Minton.
SOURCE: An Account of the Proceedings against Capt Edward Rigby,
London: Printed by F. Collins in the Old Bailey, 1698.
Rictor Norton. Ed. "The Trial of Capt. Edward Rigby, 1698." Homosexuality in Eighteenth-Century England: A Sourcebook. Updated 11 July 2013;http://www.rictornorton.co.uk/eighteen/rigby.htm>.
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