Sabine Baring-Gould - Cornish Characters and Strange Events

Hals says: "Jane Killigrew, widow of Sir John Killigrew, Knt., in the Spanish wars in the latter end of the reign of Queen Elizabeth, went on board two Dutch ships of the Hans Towns (always free traders in times of war) driven into Falmouth harbour by cross winds, laden with merchandise, on account (as was said) of Spaniards, and with a numerous party of ruffians, murdered the two Spanish merchants or factors on board these ships, and took from them two barrels or hogsheads of Spanish pieces of eight, and converted them to her own use."

"Now, though Fleta (lib. i. c. iii., temp. Edward II) tells us that it is no murder except it be proved that the party slain was English, and no stranger, yet afterwards by the statute 4 Edward III, the killing any foreigner under the King's protection, out of evil design or malice, is murder; upon which statute these offenders were tried and found guilty at Launceston of wilful murder, both by the grand and petty juries, and had sentence of death passed accordingly upon them, and were all executed, except the said Lady Killigrew, the principal agent and contriver of the barbarous fact, who, by the interest and favour of Sir John Arundell, of Tolverne, Knt., and his son-in-law, Sir Nicholas Hals, of Pengersick, Knt., obtained of Queen Elizabeth a pardon or reprieve for the said lady, which was seasonably put into the Sheriff of Cornwall's hands.

"At the news whereof the other condemned wretches aforesaid at the gallows lamented nothing more than that they had not the company of that old Jezebel Killigrew at that place as in justice they ought to be (to use their own words), and begged Almighty God that some remarkable judgment might befall her and her posterity, nay, and all those that were instrumental in procuring her freedom, and observed hereupon it was, that her grandson Sir William Killigrew spent the whole paternal estate of his ancestors, as did Sir Thomas Arundell, Knt., son of Sir John Arundell, aforesaid, and John Hals, Esq., son of Sir Nicolas Hals, Knt., in their own times, but alas, several and public revolutions of this kind; and all other in worldly affairs are carried on by the judgment and providence of God, not the determination of men, especially such barbarous ruffians as these criminals, though these things happened according to the malefactors' direful imprecations in some sense."

Hals in the above account makes several blunders. The affair to which he alludes took place in January, 1583, and the Dame Killigrew who was involved in it was Mary, wife of Sir John, the grandfather of the Sir John who divorced his wife Jane. Another mistake is that the ship was not one of the Hanseatic town merchant vessels, but was Spanish. Moreover, Hals is wrong in saying that the two Spanish merchants were murdered. On the contrary, Lady Killigrew's ruffians threw overboard and drowned the whole ship's crew, with the exception of the two merchants, who were on shore and so escaped.

The facts are as follows: —

The Mary of S. Sebastian, a Spanish ship of 144 tons burden, owned by two merchants, John de Chavis and Philip de Oryo, the latter being as well the captain, arrived in Falmouth harbour on January 1st, 1582-3, and cast anchor within the bar, just under Sir John Killigrew's house of Arwenack. Here for lack of wind it remained, and the owners went on shore and took up their quarters in an inn at Penryn, awaiting a favourable breeze. At this time there was no open breach of peace between England and Spain. It was not till 1585 that Elizabeth sent over an army into the Netherlands to oppose the forces of Philip II, and despatched a fleet under Sir Francis Drake into the West Indies to molest the Spanish galleons and colonies there.

Lady Killigrew seems to have formed a scheme for robbing the merchant vessel and massacring the crew and the owners, and several efforts were made to induce the two merchants to quit their inn at Penryn and return on board, so that the whole of those on the vessel and the merchants might be got rid of, and not a witness left. However, this failed; Chavis and Oryo did not return to their ship.

About midnight on 7th January a boatload of men boarded the Spanish vessel and overpowered the sailors, raised the anchors, and set sail. The Spaniards were all either butchered or thrown into the sea. The ship was then taken to Ireland, where she was plundered and the spoil divided. But before this was done, two of Lady Killigrew's servants, named Kendal and Hawkins, were sent back to Arwenack with sundry bolts of Hollands and leather, as the share of Lady Killigrew, her kinswoman, Mrs. Killigrew, and the maids and servants in the house.

Lady Killigrew was highly incensed at being put off with so little, but fume as she might she could do nothing, for the ship was on its way to Ireland. What she did accordingly was to keep all that was sent on shore for herself, and distribute none of it among her household.

The two merchants now stirred, and laid formal complaint before the Commissioners for Piracy in Cornwall. Among these was Sir John Killigrew, the husband of the lady who had contrived or abetted the act. A meeting was held at Penryn, and sufficient evidence was produced to implicate Hawkins and Kendal; but this they were able to rebut by the testimony of Elizabeth Bowden, who kept a small tavern at Penryn, and who swore that up to the time that the act of piracy was committed the two men Hawkins and Kendal were drinking in her inn. The jury returned an open verdict that the ship had certainly been stolen, but by whom there was no evidence to show.

Chavis and De Oryo were not men disposed to let the matter rest thus, and having procured a safe conduct to London from the Commissioners, they proceeded thither, and laid their complaint before the higher authorities, with the result that the Earl of Bedford instructed Sir Richard Grenville and Mr. Edmund Tremayne to make a searching investigation into the affair.

As might be anticipated, this inquiry was more thorough-going and real than the other, and the truth was at last elicited from witnesses very reluctant to speak what they knew. The result arrived at was this: —

The whole plot had been contrived by Dame Killigrew, who on the Sunday in question ordered Hawkins and Kendal to board the Spaniard, along with a party of sailors and fishermen got together for the purpose. Moreover, she sent a messenger by boat to the Governor of St. Mawes Castle, to inform him that the Spanish merchants proposed to sail that night, and to request him not to hinder them from so doing. The other castle, that of Pendennis, commanding the entrance to the haven, had Sir John Killigrew as Governor, and in it all day were harboured the boarding-party destined to carry off the merchantman.

Hawkins, who was the ringleader, had been sworn to strict secrecy by Lady Killigrew, who desired to keep the whole transaction from the knowledge of her husband. The leather that fell to her share was placed in a cask and buried in the garden at Arwenack. Hawkins and Kendal were hanged at Launceston, but Lady Killigrew escaped as Hals relates. Sir John died next year; when Lady Killigrew died is not known.

On the death of the later Sir John in 1633, Arwenack passed to his nephew, as he left no issue, and that nephew, Sir Peter Killigrew, married Frances, daughter and co-heiress of Sir Roger Twysden. He had two daughters, and a son George who came to an untimely end.

He was killed in a drunken brawl in a tavern at Penryn by Walter Vincent, barrister-at-law, "who," says Hals, "was tried for his life at Launceston for the fact, and acquitted by the petty jury, through bribery and indiscreet acts and practices, as was generally said; yet this Mr. Vincent, through anguish and horror at this accident (as it was said), within two years after wasted of an extreme atrophy of his flesh and spirits, that at length at the table whereby he was sitting, in the Bishop of Exeter's palace, in the presence of divers gentlemen, he instantly fell back against the wall and died."