James Lush (abt. 1788 - 1854)

Descendants

Contents 1 Biography 1.1 Birth 1.2 Marriage 1.3 Children 1.4 Crime 1.5 Systemic Injustice 1.6 Conviction 1.7 Hulk Life 1.8 Convict Transport 1.9 Penal Colony 1.10 Convict and Conduct Records 1.11 Other Information 1.12 Death 1.13 Burial 1.14 Educational Notes 1.15 Speculative Notes 2 Sources

Biography

Birth

James was baptised June 24, 1788 at Salisbury, St. Thomas, Wiltshire, England, the son of James and Elizabeth.^[1][2] St Thomas Church is still open to the public. ^[3]

Marriage

James married Sarah Adlems 24 December 1810 at Salisbury, St Edmund Wiltshire England. ^{[4] [5]}

Children

The couple had six children together:

Maria Lush 1811–1832 James Lush 1815–1816 Elizabeth Lush 1818– James Lush 1822–1889 Ellen Lush 1829–1885 John William Lush 1829–1903

Crime

On December 23, 1830 James with a number of other men formed a 'mob' and stormed toward Barlett Coombes property with the intention of asking for food and money to support their families, (this is recorded in witness statements and court transcripts at the Old Baily). Although, there will be varying agendas - including the 'smashing of machinery'. Transcripts state that Coombe had been forewarned that the mob was on its way and he gathered up about 20 to 30 men and some guns to fend the mob off.

Barlett Coombes Farm mobbed

Upon arrival things escalated, and violence occurred, although based on testimony, during the affray and the fact that the riot occured at night, there was some difficulty identifying who did what to who. During the affray, someone took 2 sovereigns from Barlett Coombes. (This author is unable to source the original court transcripts from the Old Baily -and is sure she read some years ago that James admitted throwing an apple that he was eating at the time at the landlord which hit him in the chin!). Regardless - James was charged with the theft of the sovereigns, and maintained his innocence all the way through. Court Transcript Excerpt.

Systemic Injustice

The case of James Lush is one of gross systemic injustice, and his case has made its mark on history. James was one of a group of people that 'rose up' and rebelled on a weekend in 1830. These riots became known as the "Swing Riots" and resulted in over 2000 people being arrested over the weekend. Jill Chambers (Academic expert on the Swing Riots) in her books "Black Sheep" explains that the riots were a response to changing work and living conditions due to the Industrial Revolution. Prior to the Industrial Revolution, agricultural workers such as James lived on the farms they worked at, in small houses provided by the landlord. The landlord would also provide a small plot of land with the house so that the workers could grow their own vegetables to feed their families and supplement their wages which were kept low. Traditionally, the landowner would feed all their workers their meals through the day, and family members would either work in the Landlords house or on the property. With the introduction of the "Threshing Machines" the landowners no longer needed the labour of the men to harvest the crops. Furthermore not only could they downsize their workforce, they could increase production by evicting the families from their houses and use the land to grow more crops. Consequently the number of homeless and starving was increasing to crisis point. Chambers states that the average agricultural labour subsisted during this time on meals of less substance than prisoners in the Tower of London (which was a bowl of watery gruel a day). The pressure and bottleneck of poverty was ready to explode- and it did on the weekend of December 23, 1830, all across England. The criminal justice system was not equipped to process such a large amount of people in a short space of time, and there were not enough prison cells to accommodate them. the government determined that penalties should be harsh as a means to deter future uprisings. (The French Revolution was still fairly recent - with the "fall of the Monarchy" when the 'peasants rose up'. ^[6] Salisbury and Stonehenge explain the government response to include the courts convening on December 27th 1830 to try 830 of the Swing Rioters.

Prisoner in the Dock of Old Bailey

Hammond & Hammond, p. 173-174 write: "The Salisbury prisoners were under a further disadvantage peculiar, it is to be hoped, to that gaol. They were forbidden to see their attorney except in the presence of the gaoler or his servants. This rule seems to have been construed by the authorities in a manner that simplified considerably the task of the prosecution. The facts of the case of James Lush, condemned to death on two charges of extorting money in a mob, were made public by Hunt in a letter to the Times, 22nd January 1831.Lush was a very poor man, but when first committed he sent for an attorney and made a full confession. This confession, so confidentially made to his attorney (by an extraordinary rule of the gaol) the legal adviser was compelled to submit to the inspection of the gaoler, which paper he kept in his hands for several days and in all human probability, this document, or a copy of it, was either submitted to the inspection of the judge, or placed in the hands of the prosecutor, the Crown Solicitor, or the Attorney-General: when this man was called up for trial, such was his extreme poverty, that he could not raise a guinea to fee counsel, and he was left destitute, without legal advice or assistance. The Attorney-General could only answer this charge in the House of Commons by declaring that he had no recollection of any such circumstance himself, and that no gentleman of the Bar would avail himself of information obtained in such a manner. Lush could not distinguish these niceties of honour, or understand why his confession should be examined and kept by the gaoler unless it was to be used against him, and it is not surprising that he thought himself betrayed. It is only fair to Lord Melbourne to add that when Hunt drew his attention to this iniquitous rule in Salisbury Gaol he had it abolished.

Chambers, 2009 provides court transcripts that demonstrate the injustices toward Lush and Withers. Injustice for Lush was the inablity to defend himself against the accusations, and for Withers who was also sentenced to death, there were extenuating circumstances for Withers who had thrown a hammer in self defence. Withers states that tthe prosecutor was beating him ferociously and mercilessly with an iron handled whip around the head, and that he had thrown a hammer at him (which missed), and when he attempted to move away from the affray the prosecutor used his horse to pin him and continue to whip him, Withers threw the hammer a second time and it made contact with the prosecutor. Lord Melbourne wrote to the King directly for an intervention stating that Withers had previously been an exemplary character with a wife and five children.^[7] The riot name of "Swing Riots' is derived from publications by an author who called himself "Captain Swing' encouraging the agricultural labourers to rise up and smash the machinery. the name became associated with the anger and rage of the rioters and hence the riots were called "Swing Riots" Wikipedia: Captain Swing

In Salisbury, the rioters are still remembered, in Salisbury with a plaque unveiled in 2009 to commemorate both their suffering and their sacrifice as 'starving paupers with no choice but to riot'. Salisbury Journal: Swing Riots Plaque Unveiled For James - he made the ultimate sacrifice. He may have had his life spared in a last minute reprieve, but he was transported, never to see his wife and children again, knowing that he was the provider of the family , and that his wife and children would likely die of starvation.

The significance of the riots as a national movement is demonstrated with the knowledge that the town population was 9000, 830 people were arrested and presumably many more people participated but weren't arrested. the processing of the rioters was done quickly and James Lush and Peter Withers were sentenced to death by hanging. "no less than 1,100 of the most respectable inhabitants of the county, including those who had been injured by the rioters and nearly all the jurymen who convicted" petitioned to have the death sentence commuted. 27th December 1830 - Salisbury court convenes to try 830 Swing Rioters Jill Chambers refers to James being defended in the Old Bailey by Lord Melbourne, and exactly HOW James Lush and Peter Withers found themselves in their legal predicament.

Upon arrest the custom of the time was that the prisoner could meet with a legal representative while they were in their cell (one time), and then they would have to pay for the legal defence. People such as James were already disadvantaged due to poverty and a lack of education. The injustice that occurred was that the prisoners were not given privacy to speak with their lawyer, and any information that should be considered privileged could be heard by the guards and taken back to the prosecutor and used against them. The other major flaw with the justice system was because of the congestion in the courts, the government started to 'make deals' with prisoners, that if they 'admitted their crimes' they would be given a lighter sentence (after initial threats of deportation and hanging. the offer came with a disclaimer that if they were found guilty of lying under oath they would be sentenced to death. The court transcripts and records refer to Lush being compromised in his defence because any of the witnesses that he might call as his defence had already provided testimony earlier, and this author has recollection of reading the Old Bailey on line transcripts some years ago where the presiding person has directed a potential witness to think carefully before responding because if he bears witness it means that he lied under oath previously^[8] Consequently James was completely compromised in his defence against any allegations and charges. He continued to maintain his innocence throughout, claiming responsibility only for the thrown apple core. Jill Chambers informs that the convictions of James Lush and Peter Withers resulted in changes within the justice system to protect the privilege between the lawyer and the accused person.

Conviction

James was convicted of robbery and sentenced to death. Successful petitioning and defence by Lord Melbourne petitioning the King, Lushes death sentence was commuted to transportation for the term of his natural life. James' case was heard at the Old Bailey and his court transcripts can be found online.^[9][10].

Hulk Life

H.M Prison Hulk "Success" moored at Hobart, Tasmania.

The large number of prisoners as a consequence of the riots, were placed on Prison Hulks as part of reducing congestion in the local prisons. James was convicted on December 27, 1830 at New Sarum (Salisbury) and transferred to a prison hulk "Hardy" on February 10, 1831.^[11] James remained on the Hulk until departing for the colonies.

Convict Transport

James departed for Australia on April 14, 1831.^[12] While there can be no guarantee that he sang this song - "Botany Bay", it is a song that is not necessarily taught in schools but passed from generation to generation. We can imagine all the swing rioters on the ships - singing or feeling the song/ John Williamson: Music Pod: Botany Bay. The trip was a rough one for James - and where the medical records state that he was put on a sick list for three days because of diarrhoea. ^[13]

Barque Image (the Proteus was a 254T Barque)

Penal Colony

4 August 1831 - James finally arrived in Tasmania, (then called Van Diemens Land). ^{[14] [15]} VDL was considered to be the harshest colony - with harsh environment and no room to escape (as it is an island). Male prisoners such as James were assigned as labour to the Free Settlers or to work in gangs as free labour for the Public Works Department. Wikipedia: Van Diemens Land Tasmania government sources describe the convict experience, harshness and lifestyle, which included hardship for the prison guards who were 'half starving' Tasmania: Articles- Tasmanias Convict History Libraries Tasmania provide an except showing that life in VDL for convicts was considered cruel and oppressive LIbraries Tasmania: The Companion to Tasmanian History - Van Diemens Land. For James this meant that he was sometimes released to work as free labour, and then his convict records show at other times (when there was conflict between the 'employer' and the convict, it could result in 'lashings', or being removed to work in chain gangs. It is not that VDL was a perilous land for both free settlers and convicts.

Convict and Conduct Records

James Lush Physical Description: Trade: Ploughman; Height: 5/9; Age: 42; Complexion: Dark; Head: Round; Hair: Brown; Whiskers: Brown Thick; Visage: Round; Forehead: High; Eyebrows: Brown; Eyes: Grey; Nose: M.L; Mouth: M.W; Chin: M.L; Remarks: none; Salisbury Wiltshire ^[16]

James Lush Conduct Records: This is a very rough transcription as the writing is difficult to read: Transported for robbing game ??? report unknown. Hulk Repoil Gook [unsure of spelling – he was held on a Hulk off the coast of England before being transported to Australia]. Married with six children. Offence (?)robbing and demanding money at the riots. Wife Sarah … Salisbury. May 22nd 1833?? Neglect of duty in not returning with his Masters team on 20th according to orders severely ?? October 9. 1833 Watcher disobey of orders and insolence to his.. to be cuffed in a ?? cell, and fed on B & W [bread and water] for six days. Nov 18 1833 Disobey of orders 50 lashes Dec 1833 Gross insubordination to be ?transferred? and kept to hard labour in bridge chain gang for twelve months.

Life in a Convict Chain Gang

1835 Bell/ Drun and out after hours….. May 25th 1836 Refusing to work ?? July 4th 1836 Drunk cell?? 3 days and 3 nights, Dec 26 1836 Drunk and disorderly and insolent 5 lashes Dec 29th 1836 Positively refusing to go back to his services hard labour out of chains 6 months. And returned to his service 14 Jan 1837 Delaying on his way home from the police office and refusing to work when he did return to me. Hard labour in chains and for future not to be placed in a position of trust as an overseer. Oct 23 1837 Disobedience of orders in leaving his masters premises ?? Dismissed Hulk??? Conditional Pardon July 5 1838 ^[17]

Other Information

James' wife, Sarah (Adlems) Lush died in 1850, and his daughter Maria from his first marriage died in England in 1832. (this information is disputed depending on the source). His son James Junior travelled to Australia, living in New South Wales. James eventually died in the Asylum in New South Wales, and his records state that he has siblings in Victoria), which answers the long asked questions all the family had about whether or not James managed to see his father again. Peter Charles Andrews tells the story of his own ancestor travelling with the young James Lush making his way across the world to see his father and the support provided by his own ancestors to James Jnr. ^[18]

Marriage to Elizabeth Nelson. It does not appear that James and Elizabeth (Nelson) Lush (1808-1905) solemnised their marriage and we can speculate why. Most people in todays times would assume it was because he was still legally married to his wife Sarah. however, with the convicts came a new governmental directive - that for those people sent out for the term of their natural life 'their marriages didn't count anymore' and they could remarry here in the colony without fear of repercussions. It has been said that the the government deemed that their new marriages would be legitimate. More likely the secondary marriages (bigamy) was deemed legitimate under the "Marriage Act", which stated that unless a person had been married in "The Church of England" it was not perceived to be a lawful marriage, with the courts stating that with any law there could and would always be exceptions, when justifying a decision where a man charged with bigamy (he married a woman in the colonies while his wife at home was still living), was found not guilty. ^[19] the interesting quandary within this scenario for James and Eliza is - that laws were much harsher on women who were married that cohabited with men while their husband was still living, including jailing them. {https://tracesmagazine.com.au/2013/12/love-in-the-age-of-convicts/Traces Magazine: Love in the Ages of Convicts] However, after much sleuthing, despite James being able to marry -it would appear that Elizabeth was married elsewhere. there is a marriage record for an Elizabeth Nelson to a John Wilkinson in 1835, when he was aged 66 and she would have been aged 27. Research conducted by Kent and Townsend into the marriages of Swing Rioters while in the colonies supports that Swing Rioters did remarry in the colonies, that usually if the woman had previously married inthe colonies - they instead had 'common law marriages' which appears to be the case with james and Elliza. ^[20] James and Elizabeth had their first child in 1836 ,and John passed away in 1839. . Elizabeth is the informant on James Death certificate - and uses the name "Elizabeth Lush", the children's births are registered with her maiden name of Nelson. It appears that a very young Elizabeth Nelson (free immigrant) arrived in Van Diemens Land from Scotland in 1833, single and unaccompanied to work as a servant. James and Elizabeth must have commenced cohabitation about 1834.( This information is gleaned from James death certificate where she stated that they married when he was 46).. James and Elizabeth had six children together in both Tasmania and Victoria, with his last child born two years before James died at age 66.

Residences

1837 Census James is living at Newtown in Tasmania.

1843 Census. James is captured as stating on the night of the census he was alone, but that usually there are three other people residing with him at the property in Launceston, of which he is a tenant. the property is described as wooden and unfinished. Household members consist of one married female and one married male, and two young children (male and female). The adult male and the two children are Church of England and the adult female Church of Scotland. The adult female arrived free in the colony and the adult male is 'other free' (meaning that he has obtained his freedom and Ticket of Leave". The two children were born in the colonies and James is employed as a gardener, stockman or agricultural labourer. https://stors.tas.gov.au/NI/479422 (Note: His son James Thomas Lush was born in Launceston June 1843 https://stors.tas.gov.au/RGD33-1-23$init=RGD33-1-23-P743

1845 Profession On the birth certificate of George Nelson Lush, the profession of James Lush is stated as "Farmer". ^[21]

1853 - Relocation to Melbourne. James and his family travelled to Melbourne from Tasmania

https://stors.tas.gov.au/NI/577669

Salisbury Memorial to Swing Rioters Salisbury town honoured the memory of the Swing Rioters that were transported for the term of their natural life, and there remains plaques acknowledging their sacrifice.^[22]

Death

Elizabeth Lush "widow of the deceased" was the informant on James' death certificate. James died on the 27th of August 1854, aged 66, at South Geelong. His cause of death was inflammation of the lungs. His parents were named as James and Ellen Lush (both deceased ). His spouse listed on the death index as "Elizabeth Wilkinson" and marriage place "London". London is also a town in Tasmnia noted in convict records. I believe that I have seen records of James and Eliza liing in London Tasmania ^{[citation needed]}. His birthplace was Wiltshire England, and he had lived in Victoria for seven years prior to his death. He had 2 marriages; marriage 1 in England; marriage 2 to Elizabeth Wilkinson in London, with James' age as 46 at the time of the marriage. His children from the second marriage named and their ages at the time of James death were:

• Elizabeth (b. 1833, d. 22 Oct 1834) BDM Death: 3452 /1834 (her death is registered as "convicts child" https://stors.tas.gov.au/NI/1179051

• Alfred Theodore Lush (abt.1836-1908)age 19 (d. 1908) Australia BDM (13292 / 1908) Alfred married but never had children of his own.

• Maria (Lush) Fraser (1841-1916)age 13 (1841 -1916) went on to marry and have a number of children in Victoria, and worked as a nurse

• James Thomas Lush (1843-1906)" Thomas" age 11 (b.1843-1906) lived, married and had many children and grandchildren.

• George Nelson Lush (1845-1897)age 9, (1845-1897) never married, but sorely missed by sister Maria whom he lived with until his death, and noted from the In Memoriam notices she placed in the paper each year.
• Richard Lush (1848-1851) died at the age of 2 in 1851.

• Frederick Lush (1851-1854)(deceased age 2 and a half years). (1851-1854)

• Catherine Ellen Lush (1854-1866)"Ellen" died age 12 (1854-1866)

• James Lush Jnr (1822-1889) from Marriage 1 is listed as age 33. Jnr never married and ended up living in an asylum due to poverty before his death.

Presumably Elizabeth made a mistake when naming his James first wife and she did not name the other children from the first marriage which indicates that she either did not know the names, or that they were potentially deceased, or alternatively that it was not known whether they were alive. ^[23]

Burial

James is buried in an unmarked grave at Geelong Cemetery in the Church of England section with his son Frederick who died two months earlier. The grave is unmarked. ^[24]

Educational Notes

For those that find the subject of the Swing Riots interesting - there is no shortage of information available. The name of the riots was derived from the "Captain Swing", who was a pseudonym, and a publisher. There is speculation that the elusive Captain Swing was also the "Scarlet Pimpernel". The riots are referred to as the first industrial action/union movement albeit organic and not particularly organised.

Speculative Notes

When perusing the convict records and becoming more aware of the customs of the time, it appears to me that the time that James has gone 'missing in action' and where he has been punished severely at least one of the time frames ties in with the birth of a child. When we give consideration to the fact that he had lost his entire family through being transported, it makes it understandable that he would prefer to be thrown in isolation and down a pit, than absent at such a big event for him.

Sources

• Jill Chambers, Swing Riots historian, books: Black Sheep Publications

• Hammond & Hammond, The Village Labourer, Chapter 11: The village labourer 1760-1832 [electronic resource] : a study in the government of England before the Reform Bill / by J.L. Hammond and Barbara Hammond

• Geoffrey Sharman: SHIPS ELIZA, PROTEUS and OTHERS SWING RIOTERS to Van Diemen's Land (now Tasmania)http://sites.rootsweb.com/~austas/proteus.htm

• Peter Charles Andrews: "Swing Riots"and "Machine Breakers" of Wiltshire

http://www.xroyvision.com.au/andrews/history/hist6.htm

• BBC: Wiltshire- Local History - 1830 The Salisbury Swing Riots https://www.bbc.co.uk/wiltshire/content/articles/2009/02/23/swing_riots_salisbury_feature.shtml

1. ↑ Victoria BDM Deaths: 4516 / 1854
2. ↑ England, Select Births and Christenings, 1538-1975 FHL Film Number1279430 Reference ID p 69
3. ↑ Salisbury: Things to Do- St Thomas Church
4. ↑ Wiltshire, England, Church of England Marriages and Banns, 1754-1916; Wiltshire and Swindon History Centre; Chippenham, Wiltshire, England; Reference Number: 1901/16
5. ↑ England Pallots Marriage Index. (Name: Sarah Adlems); (Spouse: James Lush); (Comments: Ps: Broadshalk); (Marriage Date: 1810); (Parish: Salisbury St Edmund).Ancestry Document Viewer: Original Document
6. ↑ Wikipedia: French Revolution
7. ↑ Chambers, J. (2009). Wiltshire Machine Breakers: Jill Chambers.
8. ↑ .Hammond & Hammon, The Village Labourer, Chapter 11. Page. 165)
9. ↑ Old Bailey online court transcripts weblink: [1]
10. ↑ Ancestry.com. England & Wales, Criminal Registers, 1791-1892 [database on-line]
    citing UK Home Office. Criminal Registers, England and Wales Series HO 27/34
    Wiltshire Special Commission 27 Dec 1830, James Lush trial image online p.334 held by National Archives, Kew
11. ↑ UK, Prison Hulk Registers and Letter Books, 1802-1849 (Name: Jas Lush); (Age40); (Estimated Birth Year:1791); (Date Received: 10 Feb 1831);(Ship: Hardy); (Place Moored: Portsmouth); (Date Convicted: 27 Dec 1830); (Place Convicted: New Sarum) Ancestry Document Viewer: Hulk Register
12. ↑ Australian Convict Transportation Registers – Other Fleets & Ships, 1791-1868 (Name: James Lush); (Vessel: Proteus); (Convicted Date: 27 Dec 1830); (Voyage Date: 12 Apr 1831); (Colony: Tasmania (Van Diemen's Land); (Place of Conviction: Wiltshire, England) Class: HO 11; Piece: 8. https://www.ancestry.com/imageviewer/collections/1180/images/IMAUS1787C_114260-00046?pId=39907
13. ↑ National Archives - Medical Journal by Thomas Logan, Surgeon of Convict Ship Proteus, 6 April - 8 Aug 1831. ADM 101/62/2/3 John Lush, aged 42; sick or hurt, diarrhoea; put on sick list, 27 June 1831. Discharged 30 June 1831 cured.
14. ↑ New South Wales and Tasmania, Australia Convict Musters, 1806-1849 Class: HO 10; Piece: 48
15. ↑ Geoffrey Sharman: SHIPS ELIZA, PROTEUS and OTHERS SWING RIOTERS to Van Diemen's Land (now Tasmania)http://sites.rootsweb.com/~austas/proteus.htm
16. ↑ Tasmania Libraries online Collections. CON18-1-18 image 185 Online Image : [2]
17. ↑ Tasmania Libraries CON31-1-28 James Lush Image 54; weblink: [3]
18. ↑ Peter Charles Andrews: "Swing Riots"and "Machine Breakers" of Wiltshire http://www.xroyvision.com.au/andrews/history/hist6.htm
19. ↑ COLONIAL MARRIAGE LAW.—ALARMING AND EXTRAORDINARY DISCOVERY. (1849, December 22). The Courier (Hobart, Tas. : 1840 - 1859), p. 3. Retrieved September 22, 2021, from http://nla.gov.au/nla.news-article2964079
20. ↑ Kent, D. and Townsend, N., 1998. Some Aspects of Colonial Marriage: A Case Study of the Swing Protesters. Labour History, (74), p.40. https://www.jstor.org/stable/27516552
21. ↑ Tasmania [Van Diemens Land] BDM Births: 650 / 1841
22. ↑ BBC UK Newspaper article weblink: [4]
23. ↑ Death Record:4516 / 1854 BDM, VIC: https://www.bdm.vic.gov.au/research-and-family-history/search-your-family-history (Name: James LUSH);(Place: , VIC); (Mother: LUSH, Ellen UNKNOWN ); (Father: LUSH, James).
24. ↑ Find a Grave, database and images ( accessed 20 November 2020), memorial page for James Lush (1788–27 Aug 1854), Find A Grave: Memorial #164468187, citing Geelong Eastern Cemetery, Geelong, Greater Geelong City, Victoria, Australia ; Maintained by Ron M (contributor 48458376) .