Dishonour
Sir Henry's Court martial document.
The opening of the war with France and the anticipated invasion of Ireland, gave the real impetus to the formation of such volunteer militias.
When the Revolutionary Government in France declared war on Great Britain in 1793, one British reaction was to reorganize the Irish Militia regiments to meet the threat posed by both France and the United Irishmen who were also at war with Great Britain. Civil war had now come to Ireland.The opening of the war with France and the anticipated invasion of Ireland gave the real impetus to the formation of volunteer militias. Such a militia was the South Cork Light Infantry Militia.
To become an officer in it, rank was awarded according to property qualification. The Militia Act of 1793 stipulated that; “Every person who has been or shall hereafter be appointed an Officer of the Militia of any of the ranks following, shall be in possession of an estate for his own life or the life of another, or for some greater estate in land or heritage’s in the United Kingdom of the yearly value hereinafter in connection mentioned with such respective rank, or be heir apparent of some person who shall be in possession of a life estate in property of the like yearly value.” In Sir Henry’s case, £50 a year or heir to £500 personal property a year entitled him to a lieutenant’s commission. And then in the politically unsettled times Sir Henry like any patriotic Protestant citizen, joined Lord Doneraile’s South Cork Militia for it is recorded that on the 26th April 1793 he paid his yearly lieutenant’s dues of £1.1.0 to the regiment.
As was the fashion at the time he more or less designed his own uniform; even his tent in the field boasted a silk underlay to soften the feel of the coarse canvass when inside. The problem with the militia at the time was that it was only a part-time service and discipline was slack moreover Sir Henry as an officer was not required to give up his civil position and he was often absent with, or without, leave, as a consequence.
On the 2nd September 1793 shortly after Sir Henry’s enlistment in Lord Doneraile’s South Cork Militia, as a part-time army lieutenant, his sense of self worth collided with the army discipline demanded on the individual.
Obeying orders was another abomination for Sir Henry, because it meant obeying orders from higher ranks, so when he was given an order on the 2nd of September 1793 by his commanding officer Lord Doneraille, which he considered demeaning, he refused to carry it out. When ordered to obey by Lord Doneraile, Sir Henry lashed out and struck him with his fists; a breach of the Articles of War and Standing Orders of his regiment. This assault together with the improper addition he made to the report regarding his rebellious behaviour, illegally signing for it and then calling the other officers to a protest meeting just to censure the conduct of Lord Doneraille their commanding officer, earned him a Court Martial for mutinous behaviour. Finally when pressed to resign his commission, which he agreed to do, Sir Henry reneged on that promise and earned him another charge, that of lying.
Si Henry was court-martialed on 12 February 1796, charged with disobeying of orders, striking on 2 September 179 3 ,his colonel (Lord Doneraile) , breaches of the Articles of War and Standing Orders of his regiment, making an improper addition to a record of a regimental court-martial and signing for it, calling a meeting of officers of his regiment in order to censor the conduct and orders of the colonel and finally not resigning his commission when he had agreed to do so. He was found guilty of the first charge, not guilty of the remainder, and sentenced to be dismissed the service with the verdict to be read at the head of the regiment.” (General Court-martial. 12 February 1796 , WO /68/411)
On the 21st September 1795 Sir Henry, then a captain in the South Cork Regiment of Militia, faced a Court Martial for having struck his commanding officer Lord Doneraile.
The Court Martial Transcript of Sir Henry's trial.
"By the Lord Lieutenant General and General Governor of Ireland
Camden
Whereas at a General Court Martial held in the Barracks of Dublin on Monday the 11th of February 1796 and continued by adjournment to the 19th of February Whereof the Earl of Westmeath Colonel of the 6th or Westmeath Battalion of Militia was president. The Court being and duly sworn proceeded to the trial of Captain Sir Henry Browne Hayes of the South Cork Regiment of Militia on the following Charges
1 Disobedience of Orders
2 Striking his Colonel and acting in every Respect unbecoming the Character of an Officer and a Gentleman on the particular Occasion on the 21st September 1795
3 Breach of an Article of War and Standing order in the Regiment
4 For an improper addition to a Regimental Court Martial of which he was President and which he signed as President
5 Calling a meeting of the Officers of the South Cork Regiment of Militia avowedly to Censure the Conduct and Orders of the Colonel
6 For behaving unbecoming the character of an Officer and a Gentleman in fulfilling a promise made on his part and conveyed thro Captain Pur Kennedy of the South Cork Viz
To Resign his Commission as Captain in the South Cork Regiment of Militia as soon as a disagreement then existing in the Regiment was settled by the Gentlemen who acted as Arbitrators on that Occasion at Belfast on the 15th day of September 1795.
The Court having taken into Consideration the Evidence laid before them on the Trial of Captain Sir Henry Browne Hayes of the South Cork Regiment of Militia did find that he was Guilty of the first and second of Charge exhibited against him in the breach of the 5th article of the Second Section of the Articles of War.
And the Court did find that the prisoner was not guilty of the fourth and fifth Articles of Charge no evidence having been advanced against him on the said articles, and the Court did therefore acquit him of the Same and the Court did find that the prisoner was not guilty of the Sixth Article of Charge exhibited against him and did therefore acquit of the Same.
And the Court having found the prisoner Captain Sir Henry B Hayes guilty of the first and second Articles of Charge in beach of the fifth article of the Second Section of the Articles of War did therefore adjudge him to be dismissed from His Majesty's Service and did declare him incapable of serving his majesty in any Military Capacity whatsoever and he was hereby dismissed accordingly
In Consideration of the proceedings and Sentences of the said General Court sitting We do hereby approve and Confirm the same and do attach and require you to cause the sentence aforesaid with our approbation thereof to be read at the head of the South Cork Regiment Traditions and to be communicated to the army in his Kingdom and to testify to him the said Sir Henry B Hayes and to the Commanding Officers of the said South Cork Regiment of Militia that he the said Captain Sir Henry Brown(e) Hayes is dismissed accordingly from this day on which this Order shall be read: and you are to enforce all such further Orders hereupon as you shall judge proper and necessary an for so doing, this shall be your Warrant General His Majesty Castle at Dublin, this 10th day of May 1796.
By His Majesty's Excellency's Commands
Signed J Pelham
Adjutant Generals Office 20th May 1796
He was court-martialed on 12 February 1796, charged with disobedience of orders, striking his colonel (Lord Doneraile) on 2 September 1793, breaches of the Articles of War and Standing Orders of his regiment, making an improper addition to a record of a regimental court-martial and signing for it, calling a meeting of officers of his regiment in order to censor the conduct and orders of the colonel and finally not resigning his commission when he had agreed to do so. He was found guilty of the first charge, not guilty of the remainder, and sentenced to be dismissed the service with the verdict to be read at the head of the regiment.” (General Court-martial. 12 February 1796 , WO /68/411)
Camden
Whereas at a General Court Martial held in the Barracks of Dublin on Monday the 11th of February 1796 and continued by adjournment to the 19th of February Whereof the Earl of Westmeath Colonel of the 6th or Westmeath Battalion of Militia was president. The Court being and duly sworn proceeded to the trial of Captain Sir Henry Browne Hayes of the South Cork Regiment of Militia on the following Charges
1 Disobedience of Orders
2 Striking his Colonel and acting in every Respect unbecoming the Character of an Officer and a Gentleman on the particular Occasion on the 21st September 1795
3 Breach of an Article of War and Standing order in the Regiment
4 For an improper addition to a Regimental Court Martial of which he was President and which he signed as President
5 Calling a meeting of the Officers of the South Cork Regiment of Militia avowedly to Censure the Conduct and Orders of the Colonel
6 For behaving unbecoming the character of an Officer and a Gentleman in fulfilling a promise made on his part and conveyed thro Captain Pur Kennedy of the South Cork Viz
To Resign his Commission as Captain in the South Cork Regiment of Militia as soon as a disagreement then existing in the Regiment was settled by the Gentlemen who acted as Arbitrators on that Occasion at Belfast on the 15th day of September 1795.
The Court having taken into Consideration the Evidence laid before them on the Trial of Captain Sir Henry Browne Hayes of the South Cork Regiment of Militia did find that he was Guilty of the first and second of Charge exhibited against him in the breach of the 5th article of the Second Section of the Articles of War.
And the Court did find that the prisoner was not guilty of the fourth and fifth Articles of Charge no evidence having been advanced against him on the said articles, and the Court did therefore acquit him of the Same and the Court did find that the prisoner was not guilty of the Sixth Article of Charge exhibited against him and did therefore acquit of the Same.
And the Court having found the prisoner Captain Sir Henry B Hayes guilty of the first and second Articles of Charge in beach of the fifth article of the Second Section of the Articles of War did therefore adjudge him to be dismissed from His Majesty's Service and did declare him incapable of serving his majesty in any Military Capacity whatsoever and he was hereby dismissed accordingly
In Consideration of the proceedings and Sentences of the said General Court sitting We do hereby approve and Confirm the same and do attach and require you to cause the sentence aforesaid with our approbation thereof to be read at the head of the South Cork Regiment Traditions and to be communicated to the army in his Kingdom and to testify to him the said Sir Henry B Hayes and to the Commanding Officers of the said South Cork Regiment of Militia that he the said Captain Sir Henry Brown(e) Hayes is dismissed accordingly from this day on which this Order shall be read: and you are to enforce all such further Orders hereupon as you shall judge proper and necessary an for so doing, this shall be your Warrant General His Majesty Castle at Dublin, this 10th day of May 1796.
By His Majesty's Excellency's Commands
Signed J Pelham
Adjutant Generals Office 20th May 1796
He was court-martialed on 12 February 1796, charged with disobedience of orders, striking his colonel (Lord Doneraile) on 2 September 1793, breaches of the Articles of War and Standing Orders of his regiment, making an improper addition to a record of a regimental court-martial and signing for it, calling a meeting of officers of his regiment in order to censor the conduct and orders of the colonel and finally not resigning his commission when he had agreed to do so. He was found guilty of the first charge, not guilty of the remainder, and sentenced to be dismissed the service with the verdict to be read at the head of the regiment.” (General Court-martial. 12 February 1796 , WO /68/411)
Sir Henry's Court Martial document listing the charges among others that he struck his commanding officer, Colonel Lord Viscount Doneraile of the South Cork Regiment of Militia.
Very angry by the charges brought against him, Sir Henry counter charged Lord Doneraile for a series of offences and had the satisfaction of seeing him charged and court martialled.
The Court martial document of Colonel Lord Viscount Doneraile of the South Cork Regiment of Militia on the 10th May 1796
Part 1 of Colonel Lord Viscount Doneraile of the South Cork Regiment of Militia's, Court martial
It can be seen from the Court martial charges brought against against Lord Doneraile that he was a very poor, forgetful and disorganised military leader. The charges made by Sir Henry were dismissed by the Court Martial including those made about Lord Doneraile's handling of Nicholas Colthurst Esqu, late Captain Lieutenant of the South Cork Militia. In Nicholas Colthurst's case Lord Doneraile exhibited timidness and behaviour unbecoming of an officer and a gentleman but the charges were dropped when Nicholas Colthurst could not be found to testify.
Part 2 of Colonel Lord Viscount Doneraile
"By the Lord Lieutenant General and General Governor of Ireland
Camden
Whereas at a General Court Martial held in the Barrack of Dublin held on Tuesday the 19th of April 1796 whereof Colonel the Earl of Westmeath was President of the Court procedures to the Trial of Colonel Lord Viscount Doneraile on the following charges Viz for Conduct unbecoming an Officer and a Gentleman.
1. In having given to Lieut. Trembath the Rank of Captain over another Officer his Seniorin direct Violation of a previous promise made by his Lordship that all promotion should go Regularly in the Regiment according to Seniority.
2. Also for bringing into the Regiment Mr. Kenny as Captain Lieutenant in direct violation of the above promise.
3. Also in applying to Government on the subject of the Charges given in by his Lordship against Captain Sir Henry Hayes on the 6th of September last although his Lordship had bound himself by his Signature and his Honour to a strict compliance with the arbitration of the 15th of September last by which it was agreed that he should conduct himself after cancelling the appointed apology for the Claims he had received as if no such cause of complaint had ever existed.
4. also having violated the said arbitration in his Subsequent Conduct to Lieut. Hill and many other Officers of the Regiment.
5. also in receiving unnoticed from Nicholas Colthurst Esqu, late Captain Lieutenant of the South Cork Militia, such language as no officer or Gentleman ought to endure in not calling a Court Martial on said Nicholas Colthurst the Lieutenant absent without leave for nearly a year and finally in giving him One Hundred Guineas on condition of his Quitting the Regiment and promising not to beat or otherwise ill use his Lordship in Public.
6. Embezzlement and misapplication of the Money appointed by the Militia Act to be given to every Recruit on acquitting his Country which money is commonly called the Marching Guinea part of a sum he has withheld from the Men under his command on his term of payment for an article of Wearing Apparel which he had previously given them gratis.
The Court having taken into Consideration the evidence laid before them on the Trial of Colonel Lord Viscount Doneraile of the South Cork Regiment of the Militia were of Opinion that he was not guilty of the first and second articles of Charge exhibited against him and did therefore acquit him upon the third article of charge altho the Court could not 'acquit the prisoner they did not impute dishonourable motives to his conduct and his impropriety in not abiding by the …of the arbitration appeared to the Court to have arisen from a Strong misapprehension of the condition of it and a mistaken conviction that Sir Henry Hayes had on his part violated the agreement in not Resigning his Commission in the South Cork Regiment.
And the Court did find Colonel Viscount Doneraile not guilty of the fourth article of Charge and did therefore acquit him .
And the Court did also not find him Guilty of t6he fifth & sixth article of Charge and Honourably acquit him of the whole and every part of the said two Charges.
We having taken the said proceedings and…..of the said General Court Martial into consideration are pleased hereby to approve and confirm the same and do hereby direct that the said Colonel Lord Viscount Doneraile of the South Cork Regiment of Militiabe released from his arrest accordingly and that you are also cause the Sentence of the said Court martial and our approbation therof to be read at the Head of the South Cork Regiment of Militia and to be communicated to the Army in this Kingdom for doing, whereof this shall be your warrant -
Given at his Majesty's Castle of Dublin the 10th Day of May 1796.
By His Excellency's Command
Signed T Pelham
Adjudant Generals Office
20th May 1796
To the Rt. Honourable Gen.
Richard Cunningham
Commander in Chief of His
Majestys forces under the
Government of His Kingdom
For the time being'
THE ABDUCTION OF MARY PIKE
Two years later and in debt again,Sir Henry realised that this time his father was not going to help him. His 'buck' friends came to his aid and informed him what they would do if they were in his situation, and furthermore they were there to help him. It was a dangerous play for Sir Henry but if he succeeded, then it was well worth the risk.
In July 1797 Sir Henry was informed that a lapsed young Quaker heiress, Mary Pike had recently inherited ₤20 000 from her late father the banker Richard Pike and that she was now residing at “Woodhill”, her Uncle Cooper Penrose’s house in Cork. Sir Henry at this juncture in his life, widowed, with an insensitive "buck's" gamblers mentality and living far beyond his means, concluded that abducting the heiress and marrying her was the simplest way of finding him both a young wife and also ₤20 000 of spending money.[i]
.[ii]
[i] Crawfordartgallery.ie 'The Cooper Penrose Collection'
[ii] “The only Genuine Edition: The Trial of Sir Henry Browne Hayes, Knt. For Forcibly and Feloniously taking Away Miss Mary Pike on the Twenty-second Day of July 1797, Before Mr. Justice day, and a most respectable Jury, on the Thirteenth Day of April, 1801.” Printed and sold by James Haly King’s Arms, Exchange. P 13
Two years later and in debt again,Sir Henry realised that this time his father was not going to help him. His 'buck' friends came to his aid and informed him what they would do if they were in his situation, and furthermore they were there to help him. It was a dangerous play for Sir Henry but if he succeeded, then it was well worth the risk.
In July 1797 Sir Henry was informed that a lapsed young Quaker heiress, Mary Pike had recently inherited ₤20 000 from her late father the banker Richard Pike and that she was now residing at “Woodhill”, her Uncle Cooper Penrose’s house in Cork. Sir Henry at this juncture in his life, widowed, with an insensitive "buck's" gamblers mentality and living far beyond his means, concluded that abducting the heiress and marrying her was the simplest way of finding him both a young wife and also ₤20 000 of spending money.[i]
.[ii]
[i] Crawfordartgallery.ie 'The Cooper Penrose Collection'
[ii] “The only Genuine Edition: The Trial of Sir Henry Browne Hayes, Knt. For Forcibly and Feloniously taking Away Miss Mary Pike on the Twenty-second Day of July 1797, Before Mr. Justice day, and a most respectable Jury, on the Thirteenth Day of April, 1801.” Printed and sold by James Haly King’s Arms, Exchange. P 13
Cooper Penrose.
Never having met the heiress, Sir Henry invited himself to Cooper Penrose’s magnificent garden surrounding 'Woodhill". Cooper who at the time was still a stranger to him, invited him to stay for dinner and that's where he first met Mary Pike.
Never having met the heiress, Sir Henry invited himself to Cooper Penrose’s magnificent garden surrounding 'Woodhill". Cooper who at the time was still a stranger to him, invited him to stay for dinner and that's where he first met Mary Pike.
THE ABDUCTION OF MARY PIKE
Two weeks later according to the court transcripts, Sir Henry obtained a handwriting sample of the doctor treating Mary’s mother Mrs. Pike and forged a note in his handwriting stating that Mary’s mother, Mrs. Pike had “suddenly taken suddenly ill”.
The note was duly delivered to Mary at the Penrose house late on the rainy night of the 22nd of July, 1797. Mary alarmed by her mother’s sudden illness, immediately ordered a carriage to take her to her mother in Cork. Her cousins, Miss Ann Penrose and Mrs. Ann Pike came with her for moral support. They set out for Cork well after midnight and when they were about halfway there, the carriage was held up by four or five men, one of whom was masked, on horseback and brandished a gun. One man ran towards Mary’s carriage, cut the traces holding it to the horse, while the masked man reached inside the carriage and pulled Mary out. He then transferred her to a waiting carriage where inside was a strange lady, Sir Henry’s sister.
[i] Crawfordartgallery.ie 'The Cooper Penrose Collection'
Two weeks later according to the court transcripts, Sir Henry obtained a handwriting sample of the doctor treating Mary’s mother Mrs. Pike and forged a note in his handwriting stating that Mary’s mother, Mrs. Pike had “suddenly taken suddenly ill”.
The note was duly delivered to Mary at the Penrose house late on the rainy night of the 22nd of July, 1797. Mary alarmed by her mother’s sudden illness, immediately ordered a carriage to take her to her mother in Cork. Her cousins, Miss Ann Penrose and Mrs. Ann Pike came with her for moral support. They set out for Cork well after midnight and when they were about halfway there, the carriage was held up by four or five men, one of whom was masked, on horseback and brandished a gun. One man ran towards Mary’s carriage, cut the traces holding it to the horse, while the masked man reached inside the carriage and pulled Mary out. He then transferred her to a waiting carriage where inside was a strange lady, Sir Henry’s sister.
[i] Crawfordartgallery.ie 'The Cooper Penrose Collection'
Sir Henry met the carriage and removed his scarf
The carriage drove off and when it reached “Vernon Mount”, it was Sir Henry who opened the carriage door. He reached inside and lifted Mary out, removed the handkerchief covering his face[i] and carried her up the steep wet path into his house. [i] ibid., p28
He reached inside and lifted Mary out, removed the handkerchief covering his face[i] and carried her up the steep wet path into his house.
a Justice of the Peace , read as follows “the informant saith she was taken out of the said carriage Mary Pike in her deposition given in Cork on the 22nd of July, 1797 to Jasper Lucas Esq., by the said Hayes, and led into the said house called Vernon Mount, where informant had not long continued when said Hayes brought a man dressed like a clergyman into the room where informant was in the company of two women , to informant unknown, and said Hayes there and then , at Vernon Mount aforesaid, by threatening to shoot himself and such language the will and consent of informant, and forcibly, unlawfully and feloniously against the statue in such case made and provided, did force a ring on one of the fingers of informant, whilst the man dressed in the habit of a clergyman( who informant heard was a priest) read some ceremony part in a language unknown to informant but which she believes to be French, which the said Hayes called a marriage ceremony, on forcing of which ring on the finger on the informant, informant screeched, and immediately after said Hayes drew a pistol from his pocket and flung it on a chair near him…….”
14. Once the “marriage ceremony “was over, Sir Henry forced a wedding ring onto Mary’s finger which she furiously tore off and threw away. Sir Henry’s response was to push her into an upstairs room and force her towards a bed and then in Mary’s words he “behaved rudely to her”. What Sir Henry did to Mary inside the room remains unclear, perhaps he tried to consummate the “marriage” as the ballads hinted but once he was rejected by her, he desisted with his advances, gave Mary a pen and paper and told her to write to Cooper Penrose informing him of her whereabouts. Sir Henry instructed her to sign the note “Lady Hayes” and Mary wrote the note but signed it Mary Pike. It was necessary for Sir Henry to consummate the marriage because only by doing so, would she feel too embarrassed to add rape to the abduction charge and prefer marriage to shame. When Mary continued to resist his advances, he may have desisted, locked her in the room and fled in panic.
Cooper Penrose received the note shortly before daybreak and by eight that morning he arrived at “Vernon Mount” with the Sheriff, the High Constable and several of his men. A very embarrassed Atwell Hayes, Sir Henry’s father, met them at the front door. Sir Henry and his sister (Ann Catherine) could not be found, they had fled from “Vernon Mount”.
a Justice of the Peace , read as follows “the informant saith she was taken out of the said carriage Mary Pike in her deposition given in Cork on the 22nd of July, 1797 to Jasper Lucas Esq., by the said Hayes, and led into the said house called Vernon Mount, where informant had not long continued when said Hayes brought a man dressed like a clergyman into the room where informant was in the company of two women , to informant unknown, and said Hayes there and then , at Vernon Mount aforesaid, by threatening to shoot himself and such language the will and consent of informant, and forcibly, unlawfully and feloniously against the statue in such case made and provided, did force a ring on one of the fingers of informant, whilst the man dressed in the habit of a clergyman( who informant heard was a priest) read some ceremony part in a language unknown to informant but which she believes to be French, which the said Hayes called a marriage ceremony, on forcing of which ring on the finger on the informant, informant screeched, and immediately after said Hayes drew a pistol from his pocket and flung it on a chair near him…….”
14. Once the “marriage ceremony “was over, Sir Henry forced a wedding ring onto Mary’s finger which she furiously tore off and threw away. Sir Henry’s response was to push her into an upstairs room and force her towards a bed and then in Mary’s words he “behaved rudely to her”. What Sir Henry did to Mary inside the room remains unclear, perhaps he tried to consummate the “marriage” as the ballads hinted but once he was rejected by her, he desisted with his advances, gave Mary a pen and paper and told her to write to Cooper Penrose informing him of her whereabouts. Sir Henry instructed her to sign the note “Lady Hayes” and Mary wrote the note but signed it Mary Pike. It was necessary for Sir Henry to consummate the marriage because only by doing so, would she feel too embarrassed to add rape to the abduction charge and prefer marriage to shame. When Mary continued to resist his advances, he may have desisted, locked her in the room and fled in panic.
Cooper Penrose received the note shortly before daybreak and by eight that morning he arrived at “Vernon Mount” with the Sheriff, the High Constable and several of his men. A very embarrassed Atwell Hayes, Sir Henry’s father, met them at the front door. Sir Henry and his sister (Ann Catherine) could not be found, they had fled from “Vernon Mount”.