This forgotten 18th-century sex scandal almost overturned the British Army’s hierarchy
The court-martial of Robert Newburgh was about more than just his alleged crime – it was a battle over power and masculinity in the British Army…

In 1774, a British army officer named Robert Newburgh was put on trial in North America. As a captain in the 18th Regiment of Foot, he should have been a respected figure within the British military. Instead, he found himself facing a court-martial for 'vicious and immoral behaviour'. This was a vague but damning charge used to cover accusations of homosexuality.
At the time, sodomy was a capital offence in Britain, and while the full details of Newburgh’s alleged crime remain unclear, the trial became about more than just his personal conduct. It tapped into wider anxieties about power, military discipline, and the fragility of British rule – particularly at a moment when tensions were escalating between Britain and its American colonies.
Speaking on the HistoryExtra podcast, historian John McCurdy explained how this largely forgotten case exposed deep-seated fears about the very structure of the British military.
Sexuality, authority and the British Army
The British military of the 18th century was built upon a strict hierarchy of masculinity and discipline. Officers were expected to embody moral superiority and leadership, while lower-ranked soldiers were supposed to be obedient. Any behaviour that challenged these roles, especially if seen as effeminate or “deviant”, was a threat to the entire system.
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Once Newburgh had been accused of sodomy, his mannerisms and appearance were used against him in court: “The records that show up in the court-martial indicate that he really liked fancy clothes,” says McCurdy. “It culminates at his court-martial with an accusation that he looks like a ‘macaroni’.”
The term “macaroni” was a contemporary insult, mocking men who dressed extravagantly and were perceived as effeminate or unmanly. This suggested weakness, moral corruption, and – crucially – lacking the fitness required for military command.
Therefore, the trial, McCurdy suggests, was about more than just Newburgh’s alleged crime. It was about the fear that a man like him could hold power over other men.

A case tied to the American Revolution
At the time of Newburgh’s trial, tensions were rising between Britain and its American colonies (something that would soon erupt into the American Revolution), and the British army was deeply concerned about discipline and control. The idea that ‘subordinates’ might start questioning or resisting their superiors was alarming to those in charge – whether that challenge came from within or beyond their own ranks.
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This meant that Newburgh’s case became a symbol of a broader struggle over discipline, loyalty, and hierarchy – both within the army and across the empire.
As McCurdy explains, it also represented the burgeoning inter-continental conflict on a more symbolic level: “His defenders […] will leave the British army and become American citizens. His chief prosecutors will stay loyal to the king.”
What happened to Newburgh?
Despite the seriousness of the accusations against him, Newburgh was not executed. Instead, he was dismissed from the army and quietly removed from the ranks of power.
A possible reason for him avoiding the death penalty was that the British army wanted to remove him without turning his case into a bigger scandal, when tensions were already high and rebellions were already afoot.
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Despite these efforts, however, Newburgh’s trial had lasting consequences. It reinforced the idea that military authority depended on strict enforcement of gender norms and that any sign of ‘weakness’ or ‘deviation’ could be punished.
This case, as McCurdy puts it, demonstrates how the British Army wasn’t just concerned with battlefield discipline, but maintaining strict ideas about masculinity and order; ideas that had far-reaching repercussions throughout the British empire.
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Authors

James Osborne is a digital content producer at HistoryExtra where he writes, researches, and edits articles, while also conducting the occasional interview