Francis Lawless: Condemned Criminal, Colonial Architect, Pioneer Grazier
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| A Government jail gang. Francis Lawless spent his first years in the
colony on a gang such as this before rising to become a valued and
respected citizen in Sydney and later Gunning. Drawing by Augustus Earle: National Library of Australia. |
In this two part series by guest blogger Carmel Peek we meet two of Gunning’s earliest settlers, Francis and Catherine Lawless. As a young man Francis achieved the rare double of escaping a life prison sentence and later being condemned to death by hanging. He rose from this to become a self taught architect who designed and constructed some of Sydney’s Georgian era churches and public buildings. He is recognised as a foundation contributor to the architecture of Australia - one of only 35 historical figures including Sir Thomas Mitchell, Francis Greenway and Elizabeth Macquarie to be so named.
His wife Catherine was an early “Currency Lass” – a white child born in the colony. They were very early pioneer settlers in the Gunning district. Their large Lade Vale property, standing where today’s Yellangalo and Berrebangalo are now found, was one of the first land grants in our district.
Carmel Peek is their 3rd great granddaughter. Here Carmel tells us something of the couple’s early lives and Francis’s career in Sydney.
Francis and Catherine Lawless (Lawliss) – First Settlers
Francis and Catherine Lawless (later Lawliss) led very successful lives despite unpromising beginnings, particularly in Francis’s case. The 3rd child of Peter Lawless and Jane Bronogue, he was baptised on 6 March 1786 in County Meath, Ireland. We know little of his very early life until 1807 when, aged 23, he was sentenced to life imprisonment in Dublin for highway robbery.In March 1809 he was transported to the Colony on the Boyd, a 395 ton brigantine vessel, under Captain John Thompson. The Boyd carried 139 convicts whose average length of sentence was seven years. Francis was one of 23 with life sentences. There were also 33 officers and men of the 73rd regt plus 15 other passengers.
The vessel arrived in the colony in August 1809, having stopped almost three weeks for reprovisioning at the Cape of Good Hope en route. It brought news of the appointment of Governor Bligh’s successor, Lachlan Macquarie. The Boyd was one of four convict ships arriving in New South Wales that year. Although no Surgeon’s Journal survives we know there were 5 deaths recorded during the voyage.
After disembarking the prisoners, the Boyd set sail for New Zealand, mainly to collect kauri spars and also carrying some passengers. The vessel was set upon by natives in the Bay of Islands and almost its entire complement of some 66 – 70 Europeans were killed. Only three passengers survived. One of these was two year old Betsy Broughton who later became the sister in law of Dr Benjamin Clayton of Baltinglass, Gunning – a story for another day.
Life as a Convict
On arrival in New South Wales newly arrived convicts were registered, asked their place of origin and religion, whether they could read and write, and what their previous job was. They were also inspected for any outstanding marks which could be used to identify them should they escape. Francis was described as being a bricklayer “Height 5ft 10 ½ inches, Hair Brown, Complexion Fair/Ruddy, Eyes Grey”As 1810 drew to a close things turned bad for Francis. On 29 December he, together with John Dalton, faced the Bench of Magistrates charged with forging and uttering a paper purporting to be a Paymaster note for the sum of Two Pounds. Both pleaded Not Guilty. The Bench freed Dalton but committed Francis to stand trial at the next Criminal Court.
When the Criminal Court hearing wound up on 7 February 1811 the presiding judge, Ellis Bent MA, declared “that the said Francis Lawless is Guilty of the Crime wherewith he stands charged and to further consider and adjudge that for the said felony the said Francis Lawless be hanged by the neck until he be dead at such time and place as his Excellency the Governor shall be pleased to appoint”
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| Portrait of Judge Ellis Bent MA whose melancholy duty it was to convict Francis to be hung by his neck until dead. Perhaps he, also, was relieved to see Francis spared the penalty required by law. Picture National Library of Australia |
Happily for Francis and posterity, his awful sentence was commuted only four days after being handed down. Soon afterwards he was sent to Newcastle: “to replace Edward Young in the lime burners”.
Why was Francis reprieved? Whatever his other merits and regard in which he may have been held, official correspondence of the time makes it clear that his being an “excellent bricklayer” played a big part in his being spared. It may also have sped his early return from Newcastle as, eleven months later in February 1812, he was sent back to Sydney on the Lady Nelson. Governor Macquarie’s Sydney could certainly use a skilled, fit and healthy bricklayer.
Francis’s star began to rise when, around 1813, he was appointed as overseer of a bricklayer’s gang. In 1820 he is recorded in a Memorial as “Overseer of Bricklayers Gang for six years” from which we can infer he was elevated to that role in 1813-1814. Around the same time Francis also received payment for bricklaying work he undertook in addition to his overseer’s role. This included being paid “from Police Fund for repairing district watch houses five pound.”
Marriage
On the 23 January 1816, Francis married Catherine Kearns at St Phillip’s Church of England in Sydney. Catherine was the daughter of Mathew Kearns (1763-1813) and Ann Farrelly (1771-1809). Whilst both her parents came as convicts, Catherine (born 1796) and her siblings, John (1794) Mary (1795) and William (1802) were all born in the colony. While Catherine’s birth certificate remains questionable it is probably one of two for a Catherine Currins. Both of these record the mother as being Mary rather than Ann. The father is not identified on either certificate which was often the case then.Additional evidence of Catherine’s parentage is found in the following October 1816 public notice in the Sydney Gazette which shows a C Lawless was managing the estate of her late father then.
The public are hereby strictly Cautioned against purchasing from any Person or Persons any Property belonging to the Estate of the late Matthew Kearns, until the Affairs of the said Estate are arranged and finally adjustedFurther evidence includes an advertisement showing Catherine and Francis lived in Number 10 Pitt St (also formerly known as Pitts Row) - the same property once occupied by her father and mother. This August 1826 public notice, from which we may also infer that Francis may not have been averse to a flutter on the horses, says
C. LAWLESS.
It is Respectfully requested by the committee of the PARRAMATTA TURF CLUB, that such Persons who so liberally Subscribed to the Clearing of the Land and forming a Race Club Course thereon, will have the goodness to say what their Subscriptions were and to whom given. Word to be left at John Lacy’s, opposite the Toll Gate, Parramatta; Mr Francis Pewley, Prospect; Mr Lawless, No 10, Pitt Street Sydney.Catherine’s mother had died in October 1809 in Pitt’s Row, Sydney prior to her marriage to Francis. Her mother was buried in the Old Sydney Burial Ground, now the site of Sydney Town Hall. The following public notice was published in the Sydney Gazette and New South Wales General Advertiser on 5 November:
DIED On Sunday night last, Mrs ANN KEARNS, of Pitt’s Row, after a long and painful illness.The day following a Coroner’s Inquest was convened, whose Verdict was - Death by the Visitation of God.
In the early days of their marriage Francis and Catherine lived at number 10 Pitt St. Their first child, Francis was born in 1817 followed by Ann in 1820, Elizabeth (Eliza) in 1824, John in 1825, Susanna in 1834 and William in 1836.
Free at Last: Conditional and Absolute Pardons
In a further happy development in his life, Francis was granted Conditional Pardon in March 1819. While it seems he continued in his Overseer role he also found opportunities to design and construct buildings in his free time. We know this from, among other things, the following support letter (with a few unfamiliar words and spellings) for his Memorial seeking a grant of Land in 1820 indicating he was still an employee of the Government.Memorial of Francis Lawless for a Grant of Land 1820
To His Excellency Lachlan Macquarie Esq Governor and Commander in Chief in and over the Territory of New South Wales and its Dependencies
The humble Memorial of Francis Lawless for a grant of Land.
Respectfully Sheweth
That your memorialist arrived in this Colony in the Ship Boyd, Thompson Master, in the year 1809 since when your Excellency has been pleased to Grant him the indulgence of a Conditional Pardon.
That memorialist has been in the actual employment of Government Eleven years during which period has faithfully fulfilled the Duties of an overseer of the Brick Layers Gang six years.
That Memorialist married a native of the Colony and has a family and is patonific of Ninety Head of Horned Cattle and is obligated to pay for the pasturisage of them which greatly reduces the Benefits arising therefore, not Enjoying Land of his own for that purpose.
That memorialist trusting to the Testimony of the General Good Conduct which he has strived to maintain an the exertions made by him for the Benefit of his Infant family; hopes he may with that confidence look up to your Excellency for such portion of Land which persons in his situation of Life may be deemed by your Excellency Deserving of ………………….
An I Memorialist do in Duty bound will ever more
I have known partitioner sometime and believe him to be a sober industrious man
How happy Francis and Catherine must have been when his Absolute Pardon was declared on 28 November 1821.
The Lawless Family in Pitt St. Sydney
In the 1825 Australian Convict Muster and the 1828 Census the family were living in Pitt St Sydney where Francis is recorded as being a publican. It is unclear as to whether Catherine inherited the Pitt Rd property from her deceased father Mathew Kearns. We know that he was the first licensee in the Colony, his license being granted in September 1799 under the name of the ‘The Faithful Irishman’. We also know this Inn was at 10 Pitt Row. Mathew continued to hold the licence at least up until 1811.It seems the family remained in Pitt St until they moved to their land grant near Gunning – of which more in a later edition.
Frank Lawless Builder and Architect
As an overseer of the bricklayer’s gang, Francis constructed many buildings during his ‘employed’ time. It was also common for convicts to undertake paid employment during spare hours and we know that Francis certainly did this.We have two main sources confirming Francis’s standing as a pioneering early colonial builder. These are “The Early Australian Architects and their Work” by Morton Herman and Alasdair McGregor’s “Forger’s Progress: The Life of Francis Greenway”. From these we know the following buildings are Francis's work:
• Carter’s Barracks
• Benevolent Asylum for Sydney
• Convict Barracks at Parramatta
• St Peter’s Church, Campbelltown
Francis was not just a skilled bricklayer following the plans of others. He became a self taught architect who could design a building from scratch. While his designs may not have been particularly original you will see that they generally display the characteristic Georgian era simplicity and elegance. His designs would not have looked out of place in Jane Austen’s London or Bath.
In 1819-1820 Francis designed and built the Carters’ Barracks commissioned by Governor Macquarie to house convict carters and brickmakers. Completed in 1820, this building relieved the serious overcrowding in Hyde Park Barracks. Situated on the corner of Pitt Street and what today is known as Eddy Avenue, the Barrack’s commanded a picturesque view of the town.
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| The Carters’ Barracks Sydney designed and built by Francis Lawliss. Drawing by Joseph Fowles circa 1842-1845. Picture:sydneyarchitecture.com which in turn is informed by Early Australian Architects and Their Work (Angus & Robertson, Syd, 1954); Herman, Morton, (1901-1983). Illustrated and Decorated by the Author |
Sydney's Devonshire St Cemetery replaced the colony’s original burial ground (now the site of the Sydney Town Hall). Frank had a hand in its construction.
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| The Devonshire Street Cemetery circa 1901. William Larsane Stone and
Francis Lawless were commissioned to erect a wall around this new burial
ground in 1819. They were paid in two instalments; £40 on 10 June and
£30 on 24 August. Image State Records NSW. |
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| The Benevolent Asylum, Sydney: one of the substantial Georgian style
buildings designed and built by Francis. This drawing taken from “The
Early Australian Architects and their Work” by Morton Herman |
A less competent design was the Benevolent Asylum, Sydney. This building lasted into the twentieth century and was removed to make way for the major works of the building of Central Railway, Sydney. The asylum was built of brick, with brick pilasters extending for the whole height, and with a meaningless gable which projected from the main roof with nothing below to support it. The windows were curious in that they were set in recesses too wide for them, and dummy panels had to be introduced at each side. This building arouses the feeling that Lawless must have been a large, well developed individual, with fine corded muscles in bulging condition from years of bricklaying.
At any rate, both Kitchen and Greenway were ravening about the town, falling with fury upon allegedly incompetent designers and yet no breath of suspicion seems to touch Lawless’s work. The asylum was certainly, in the quaintly inverted phrasing of the day, sufficiently “not Classical” to make either architect incoherent with rage, but possibly it was Lawless’s muscular frame that deterred them from expressing it in this one instance
Sydney Architecture credits Francis with the design and build of the Convict Barracks at Parramatta in 1820, describing it as “A simple Georgian building, depending solely upon good materials and good proportions to produce a quite pleasing effect”.
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| Plans for the now demolished convict barracks at Parramatta. Designed and built by Francis Lawless. Source: Morton Herman The Early Australian Architects and their work via Parramatta Heritage Centre. |
Francis is recognisedas the designer and builder of St Peter’s Church in Campbelltown, the oldest building in Campbelltown today. Sydney Architecture speaks very approvingly of this work. In its opinion:
The design of the Campbelltown church was much more satisfactory that that of the asylum. It was commenced in 1821 and finally opened for service in 1824. It is only by exacting examination of the fabric that we can discover the original design, for the church was badly treated about 1970, when an attempt was made, unsuccessfully, to turn it into a Gothic building
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| St Peter's Church, Campbelltown as designed by Francis. Picture: Sydney Architecture. |
Research by Morton Herman shows that Francis’s original St Peter’s looks very much like St Luke’s at Windsor in many ways. Francis Greenway, who frequently derided plagiarists as ‘Pickers & Stealers of knowledge’, remained silent at the time. Similarly, the benevolent asylum escaped his condemnations. The only issue Greenway raised was to quibble about Francis’s working arrangements and his partnership with fellow bricklayer William Stone.
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Above left: Francis’s third great granddaughter, Carmel Peek, in today’s St Peter’s Church, Campbelltown .which he designed and built .While much of the original church fabric has been vandalised in an unsympathetic modern renovation, the flooring pictured above right is known to be the work of Francis Lawless. Photos: Carmel Peek. |
In summary, we can clearly say that Francis was at least a very competent architect – and particularly so for a self taught man from humble origins. The buildings he was responsible for were his pride and joy. They also gave him just the right opportunity to establish himself and his family as free citizens in this new colony
Other Business Interests
Besides designing and building, Francis also maintained significant numbers of livestock for fresh meat supply. On Christmas Eve 1824 the Commissariat Office announced the acceptance of four tenders to supply fresh meat from Francis Lawliss, Samuel Hockley, William Emmett and William Redfern (a former convict, eminent medical practitioner, first person to receive an Australian medical qualification and the author of important reforms in the convict transports). Francis was to provide 1000 lbs of meat at 3¾d per lb, the others larger amounts up to 13.5000 lbs from Emmett and 26,500 from Redfern.This contract was one of many Francis was awarded between 1816 and 1824. As a meat producer Francis needed land for grazing. In April 1823 he wrote a Memorial for ticket of leave of occupation at Goulburn Plains
On the 2nd June 1823 he received a letter from Francis Goulburn, the Colonial Secretary and Private Secretary to Governor Macquarie stating:
I am directed by the Governor to convey to you His sanction for the temporary occupation of 4000 acres of land on the Wollondilly, at Goulburn Plains…… A second letter of approval arrived in July 1824.He was also a Pitt Street publican for a time. All these business interests must have required support from his wife Catherine. However, as was the case in those days, the wife was barely mentioned in the press.
Living in Pitt St would have had its own challenges including petty crime. The Lawless family were not exempt as shown from the following report in The Australian of 1 June 1827:
Late on Saturday evening last, or early on Sunday morning, the house of Mr Lawless, a publican in Pitt street, was entered and robbed of considerable property. A servant in the house it appeared had at the usual hour secured the tap-room shutters; but after which several strange men came in and sat down, and during their stay must have possessed themselves of the pin to the shutters, which they afterwards made use of to effect their purpose”It is unclear how long the family retained the Pitt St property and exactly when they moved to Yellonglar. We will look at the Lawless Gunning period in the second instalment of this story.
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