Document listing people executed in Bristol since 1741

Features / LGBTQ+

Historic document reveals tragic story of executed gay couple

By Mary Milton  Friday Jul 7, 2023

An important document revealing the tragic story of two men executed in Bristol in 1753 has been revealed at Bristol Archives.

The document involves two men who were seen having sex together. At that time, sex between men was illegal and remained punishable by death until 1861.

The single sheet of folded paper, dating from 1752 contains the sworn witness statement of John Baber, landlord of the Swan Inn on Broad Street. He secretly spied on the two men who were customers at his Alehouse.

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Baber states that after buying ale from him, Richard Arnold and William Critchard, “went into a private room and shut the door, but this informant having some suspicion of their being about some indecent practices looked privately into the said room where he observed both their breeches down…”

old document, handwritten in browning ink

The document contains the sworn statement of landlord John Baker – photo: Bristol Archives (Ref: TC/Adm/Box/6/9/2)

The statement, handwritten in browning ink, vividly describes the sexual act. It is very rare for a document like this to survive. Most information about such cases comes from newspaper accounts which only include very basic details.

The significance of the document was revealed during routine listing work designed to add detail to the archive catalogue.

Archive officers have been listing hundreds of bundles of papers kept by the city’s town clerk. Staff recognised the names on the handwritten statement and were astonished to read the contents.

Historian Rictor Norton, a researcher of LGBT history called the statement a fascinating discovery, which left him in no doubt that the encounter was consensual.

“This testimony leaves nothing to the imagination, and not only leaves no doubt about the act itself but shows that it was preceded by kisses and caresses.

“It’s wonderful to have such evidence of the wider humanity of their relations rather than the bald claim of their criminal act,” he says.

Newspapers of the time describe William Critchard as a young man of around 24, from the west of England, “a footman to a gentleman in the city.”

Richard Arnold was from London and described as an older man of “near sixty years of age.”

He was the landlord of the Lamb and Flag in Temple Street and a “man of substance,” who has “lived in good repute for many years.”

Drawing of a view of Broad Street, 1824.

A drawing of Broad Street 1824. The Swan Alehouse was on the left hand side – picture: Bristol Museums (Ref: M2335)

On the evidence of John Baber, the couple were eventually found guilty of the “detestable crime of sodomy”. The men refused to name any accomplices and were hanged together on gallows at the top of St Michael’s Hill in September 1753.

A newspaper report of the time describes a heartbreaking scene: “When the cart drew under the gallows, Arnold kissed Critchard’s hand.”

They signalled their readiness, “by throwing the tufts of flowers from them, the cart drew away and they were soon launched into eternity”.

The two men do not appear to have denied their relationship and the newly discovered document adds much to historians’ understanding of their story.

“This is a really important step forward in understanding the detailed facts which sadly led to these men being hanged,” said Andy Foyle of Outstories, an LGBTQ+ volunteer-led history group in Bristol.

“It shows the importance and value of our city’s fantastic archives,” he added.

The last men to be executed for homosexuality in England were James Pratt and John Smith in 1835. Sex between men was partially decriminalised in 1967.

The age of consent was only made equal to that of heterosexuals in 2001, when it was lowered to 16. Internationally 11 countries still have the death penalty for sex between men, and many more criminalise LGBT people.

The witness statement is currently on display in the search room at Bristol Archives until the end of July. There is also a new source guide available to help people research LGBTQ+ lives using Bristol Archives collections.

Main photo: Bristol Archives (ref: 12967)

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