Bygone Punishments Part 13

1637. paid to boy for whippinge John ffoxe 0 2 0

paid for a carte to tye the said ffoxe unto when he was whipped 0 2 0

The notorious Judge Jeffreys, on one occasion, in sentencing a woman to be whipped, said: "Hangman, I charge you to pay particular attention to this lady. Scourge her soundly, man; scourge her till her blood runs down! It is Christmas, a cold time for madam to strip. See that you warm her shoulders thoroughly!"

At Worcester, in 1697, a new whipping-post was erected in the Corn Market, at a cost of 8s. "Men and women," says a local historian, "were whipped here promiscuously in public till the close of the last century, if not later. Fourpence was the old charge for whipping male and female rogues."

The next note on whipping is drawn from the church register of Burnham, Bucks, and is one of several similar entries: "Benjamin Smat, and his wife and three children, vagrant beggars; he of middle stature, but one eye, was this 28th day of September, 1699, with his wife and children, openly whipped at Boveney, in the parish of Burnham, in the county of Bucks, according to ye laws. And they are a.s.signed to pa.s.s forthwith from parish to parish by ye officers thereof the next direct way to the parish of St. [Se]pulchers, Lond., where they say they last inhabited three years. And they are limited to be at St. [Se]pulch within ten days next ensuing. Given under our hands and seals, Will. Glover, Vicar of Burnham, and John Hunt, Constable of Boveney." In some instances we gather from the entries in the parish registers, after punis.h.i.+ng the vagrants in their own parish, the authorities recommended them to the tender mercy of other persons in whose hands they might fall.

At Durham, in the year 1690, a married woman named Eleanor Wilson, was publicly whipped in the market-place, between the hours of eleven and twelve o'clock, for being drunk on Sunday, April 20th.

Insane persons did not escape the lash. In the constable's accounts of Great Staughtan, Huntingdons.h.i.+re, is an item:

1690-1. Pd. in charges taking up a distracted woman, watching her, and whipping her next day 0 8 6

A still more remarkable charge is the following in the same accounts:

1710-1. Pd. Thomas Hawkins for whipping 2 people yt had small-pox 0 0 8

In 1764, we gather from the _Public Ledger_ that a woman, who is described as "an old offender," was conveyed in a cart from Clerkenwell Bridewell to Enfield, and publicly whipped at the cart's tail by the common hangman, for cutting down and destroying wood in Enfield Chase.

She had to undergo the punishment three times.

Persons obtaining goods under false pretences were frequently flogged.

In 1769, at Nottingham, a young woman, aged nineteen, was found guilty of this crime, and was, by order of the Court of Quarter Sessions, stripped to the waist and publicly whipped on market-day in the market-place. In the following year, a female found guilty of stealing a handkerchief from a draper's shop, was tied to the tail of a cart and whipped from Weekday-Cross to the Malt-Cross. It was at Nottingham, a few years prior to this time, that a soldier was severely punished for drinking the Pretender's health. The particulars are briefly told as follows in _Adams's Weekly Courant_ for Wednesday, July 20th, to Wednesday, July 27th, 1737: "Friday last, a dragoon, belonging to Lord Cadogan's Regiment, at Nottingham, received 300 lashes, and was to receive 300 more at Derby, and to be drum'd out of the Regiment with halter about his neck, for drinking the Pretender's health."

Whipping at Wakefield appears to have been a common punishment. Payments like the following frequently occur in the constable's accounts:

1787, May 15, a.s.sistance at Whiping 3 men 0 3 0 July 6, " " 3 " 0 3 0 Aug. 17, " " 2 " 0 2 0 Sept. 7, " " 3 " 0 3 0

A fire occurred at Olney in 1783, and during the confusion a man stole some ironwork. The crime was detected, and the man was tried and sentenced to be whipped at the cart's tail. Cowper, the poet, was an eye-witness to the carrying out of the sentence, and in a letter to the Rev. John Newton gives an amusing account of it. "The fellow," wrote Cowper, "seemed to show great fort.i.tude; but it was all an imposition.

The beadle who whipped him had his left hand filled with red ochre, through which, after every stroke, he drew the lash of the whip, leaving the appearance of a wound upon the skin, but in reality not hurting him at all. This being perceived by the constable, who followed the beadle to see that he did his duty, he (the constable) applied the cane, without any such management or precaution, to the shoulders of the beadle. The scene now became interesting and exciting. The beadle could by no means be induced to strike the thief hard, which provoked the constable to strike harder; and so the double flogging continued, until a la.s.s of Silver End, pitying the pityful beadle, thus suffering under the hands of the pityless constable, joined the procession, and placing herself immediately behind the constable, seized him by his capillary club, and pulling him backward by the same, slapped his face with Amazonian fury. This concentration of events has taken up more of my paper than I intended, but I could not forbear to inform you how the beadle thrashed the thief, the constable the beadle, and the lady the constable, and how the thief was the only person who suffered nothing."

It will be gathered from the foregoing letter that the severity of the whipping depended greatly on the caprice of the man who administered it.

A statute, in 1791, expressly forbade the whipping of female vagrants.

This was certainly a much needed reform.

Mr. Samuel Carter Hall, born in the year 1800, in his interesting book ent.i.tled "Retrospect of a Long Life" (1883), relates that more than once he saw the cruel punishment inflicted.

On the 8th of May, 1822, a man was whipped through the streets of Glasgow by the hangman for taking part in a riot. He was the last person to undergo public whipping at the cart's tail in Glasgow.

At Coles.h.i.+ll are standing a whipping-post, pillory and stocks, and as might be expected they attract a good deal of attention from the visitors to this quiet Midland town. Several writers have stated that this is the only whipping-post remaining in this country; this is, however, a mistake, as we have shown in the present chapter. We have not been able to discover when last used. Our ill.u.s.tration is from a carefully executed drawing made some years ago.

[Ill.u.s.tration: COLEs.h.i.+LL PILLORY, WHIPPING-POST, AND STOCKS.]

The old town of Kirton-in-Lindsey, Lincolns.h.i.+re, in bygone times was a place of importance, and amongst the names of those who have held its manor is that of Piers Gaveston, the favourite of Edward II. Near the modern police station is a post on which are irons, enabling it to be used as a whipping-post and stocks. No references relating to it can be found in the local old-time accounts or other doc.u.ments. Old folk say that in years agone people were detained at the post by means of the irons, but no instances are remembered of a whip being employed.

It was formerly the custom in London and other places, at the time of executions, for parents to whip their children, so as to impress upon their minds the awful lessons of the gallows. Executions were very often occurring, for people were hanged for trifling offences. Down to the year 1808, the crime of stealing from the person above the value of a s.h.i.+lling was punishable with death. Children must have had a hard time of it, and been frequently flogged.

[Ill.u.s.tration: WHIPPING-POST, KIRTON-IN-LINDSEY.]

Whipping servants was a common practice in the olden time. Pepys and other old writers make note of it.

The well-known "Diary of a Lady of Quality" contains some interesting glimpses of old days and ways. Under date of January 30th, 1760, Lady Francis Pennoyer, of Bullingham Court, Herefords.h.i.+re, refers to one of her maids speaking in the housekeeper's room about a matter that was not to the credit of the family. My lady felt that there was truth in what the girl said, but it was not in her place to speak, and her ladys.h.i.+p resolved to make her know and keep her place. "She hath a pretty face," says the diarist, "and should not be too ready to speak ill of those above her in station. I should be very sorry to turn her adrift upon the world, and she hath but a poor home. Sent for her to my room, and gave her choice, either to be well whipped, or to leave the house instantly. She chose wisely, I think, and, with many tears, said I might do what I liked. I bade her attend my chamber to-morrow at twelve." Next day her ladys.h.i.+p writes in her diary: "Dearlove, my maid, came to my room, as I bade her. I bade her fetch the rod from what was my mother-in-law's rod-closet, and kneel and ask pardon, which she did with tears. I made her prepare, and I whipped her well. The girl's flesh is plump and firm, and she is a cleanly person--such a one, not excepting my own daughters, who are thin, and one of them, Charlotte, rather sallow, as I have not whipped for a long time. She hath never been whipped before, she says, since she was a child (what can her mother and late lady have been about, I wonder?), and she cried out a great deal." Children and servants appear to have been frequently flogged at Bullingham Court, both by its lord and lady. In other homes similar practices prevailed.

[Ill.u.s.tration: "The Tutor's a.s.sistant"

(_By George Cruikshank_)]

Public Penance.

Church discipline in the olden days caused the highest and lowest in the land to perform penance in public. A notable instance of a king subjecting himself to this humiliating form of punishment is that of Henry II. The story of the King's quarrels with Becket, and of his unfortunate expression which led four knights to enact a tragic deed in Canterbury Cathedral, is familiar to the reader of history. After the foul murder of Becket had been committed, the King was in great distress, and resolved to do penance at the grave of the murdered Archbishop. Mounted on his horse, he rode to Canterbury, and on coming in sight of the Cathedral, he dismounted, and walked barefooted to Becket's shrine. He spent the day in prayer and fasting, and at night watched the relics of the saint. He next, in presence of the monks, disrobed himself, and presented his bare shoulders for them to lash.

At Canossa, in the winter of 1077, was performed a most degrading act of penance by Emperor Henry IV. of Germany. He had been excommunicated by Pope Gregory VII., and had suffered much on that account. He resolved to see the Pope, and, if possible, obtain absolution. The Emperor made a long and toilsome journey in the cold, in company with his loving wife Bertha, his infant son, and only one knight. The Pope refused to see the Emperor until he had humbled himself at the gates of the castle. "On a dreary winter morning," say Baring-Gould and Gilman, in their "History of Germany," "with the ground deep in snow, the King, the heir of a line of emperors, was forced to lay aside every mark of royalty, was clad in the thin white dress of the penitent, and there fasting, he awaited the pleasure of the Pope in the castle yard. But the gates did not unclose.

A second day he stood, cold, hungry, and mocked by vain hope." On the close of the third day, we are told that he was received and pardoned by the Pope.

The romantic story of Eleanor Cobham, first mistress and afterwards wife of Humphrey, Duke of Gloucester, is one of considerable interest in ill.u.s.trating the strange beliefs of the olden times. The d.u.c.h.ess was tried in the year 1441, for treason and witchcraft. It transpired that two of her accomplices had made, by her direction, a waxen image of the reigning monarch, Henry VI. They had placed it before a slow fire, believing that the King's life would waste away as the figure did. In the event of Henry's death, the Duke of Gloucester, as the nearest heir to the house of Lancaster, would have been crowned king. On the 9th November, sentence was p.r.o.nounced upon the d.u.c.h.ess: it was to the effect that she perform public penance in three open places in London, and end her days in prison in the Isle of Man. The manner of her doing penance was as follows: "On Monday, the 13th, she came by water from Westminster, and landing at Temple Bridge, walked at noon-day through Fleet Street, bearing a waxen taper of two pounds weight, to St. Paul's, where she offered it at the high altar. On the Wednesday following, she landed at the Old Swan, and pa.s.sed through Bride Street, Gracechurch Street, and to Leadenhall, and at Cree Church, near Aldgate, made her second offering. On the ensuing Friday she was put on sh.o.r.e at Queenhithe, whence she proceeded to St. Michael's Church, Cornhill, and so completed her penance. In each of these processions her head was covered only by a kerchief; her feet were bare; scrolls, containing a narrative of her crime, were affixed to her white dress; and she was received and attended by the Mayor, Sheriff, and Companies of London."

The historian, biographer, poet, playwright, and story-teller have all related details of the career of Jane Sh.o.r.e. A sad tale it is, but one which has always been popular both with gentle and simple. It is not necessary to relate here at length the story of her life. She was born in London, was a woman of considerable personal charms, and could do what few ladies of her time were able to accomplish--namely, read well and write. When some sixteen or seventeen years of age, she married William Sh.o.r.e, a goldsmith and banker, of Lombard Street. She lived with her husband seven years, but about 1470, left him to become one of the mistresses of Edward IV. Her beauty, wit, and pleasant behaviour rendered her popular at Court. The King died in 1483, and within two months she was charged by Richard III. with sorcery and witchcraft, but the charges could not be sustained. Her property, equal to about 20,000 at the present time, was taken from her by the King. He afterwards caused her to be brought before the Ecclesiastical Court and tried for incontinence, and for the crime she had to do penance in the streets of London. Perhaps we cannot do better than quote Rowe's drama to relate this part of her story:

Submissive, sad, and lonely was her look; A burning taper in her hand she bore; And on her shoulders, carelessly confused, With loose neglect her lovely tresses hung; Upon her cheek a faintish flush was spread; Feeble she seemed, and sorely smit with pain; While, barefoot as she trod the flinty pavement, Her footsteps all along were marked with blood.

Yet silent still she pa.s.sed, and unrepining; Her streaming eyes bent ever on the earth, Except when, in some bitter pang of sorrow, To heaven, she seemed, in fervent zeal to raise, And beg that mercy man denied her here.

We need not go into details respecting her life from this time, but briefly state that it is a popular error to suppose that she was starved in a ditch, and that the circ.u.mstance gave rise to the name of a part of London known as Sh.o.r.editch. The black-letter ballad in the Pepys collection, which makes Jane Sh.o.r.e die of hunger after doing penance, and a man suffer death on the gallows for giving her bread, is without foundation. She died about 1533 or 1534, when she was upwards of eighty years of age. It is a.s.serted that she strewed flowers at the funeral of Henry VII.

A curious act of penance was performed in Hull, in the year 1534, by the Vicar of North Cave. He appears to have made a study of the works of the Reformers who had settled in Antwerp, and sent over their books to England. In a sermon preached in the Holy Trinity Church, Hull, he advocated their teaching, and for this he was tried for heresy and convicted. He recanted, and, as an act of penance, one Sunday walked round the church barefooted, with only his s.h.i.+rt on, and carrying a large f.a.ggot in his hand to represent the punishment he deserved. On the next market-day, in a similar manner, he walked round the market-place of the town.

In the year 1602, a man named Cuthbert Pearson Foster, residing in the parish of St. Nicholas, Durham, was brought before the Ecclesiastical Court, charged with "playing at nine-holes upon the Sabbath day in time of divine service," and was condemned to stand once in the parish church during service, clad in a white sheet. In the following year, the four churchwardens--Rowland Swinburn, William Harp, Richard Surtees, and Cuthbert Dixon, men esteemed in Durham, and holding good positions--were found guilty and admonished for a serious breach of duty, "for not searching who was absent from the church on the Sabbath and festive days, for it is credibly reported that drinking, banqueting, and playing at cards, and other lawless games, are used in their parish in alehouses, and they never made search thereof."

Of persons in the humble ranks of life who have performed public penance in white sheets in churches, for unchast.i.ty, there are numerous entries in parish registers. For immorality, prior to marriage, man and wife were sometimes obliged to do penance. The Rev. Dr. J. Charles c.o.x found particulars of a case of this kind recorded in the Wooley MSS., in the British Museum, where a married couple, in the reign of James I., performed penance in Wirksworth Church.

In parish registers are records like the following, drawn from the Roxby (Lincolns.h.i.+re) parish register: "Memorandum.--Michael Kirby and Dixon, Wid. had 2 b.a.s.t.a.r.d Children, one in 1725, ye other in 1727, for which they did publick pennance in our P'ish Church." "Michael Kirby and Anne Dixon, both together did publick penance in our Parish Churche, Feb. ye 25th, 1727, for adultery."

A memorandum in the parish register of North Aston, Oxfords.h.i.+re, states: "That Mr. Cooper sent in a form of penance by Mr. Wakefield, of Deddington, that Catherine King should do penance in ye parish church of North Aston, ye sixth day of March, 1740, and accordingly she did.

Witness, Will Vaughan, Charles May, John Baillis, Churchwardens." We learn from the same records that another person, who had become a mother before she was made a wife, left the parish to avoid doing public penance.

In the old churchwardens' accounts of Wakefield, are several items bearing on this subject, and amongst the number are the following:

s. d.

1679.--To Jos. Green for black bess penanc sheet 00 05 06

1709.--Allowed the Parish Churchwardens for goeing to Leeds with ye man and woman to doe penance 0 5 0

1725.--June 13. Paid Jno. Briggs for the Lent of 3 sheets for 3 persons to do pennance 00 01 6