FOOTNOTES:

IN THE STOCKS, BY NESBIT.

We are enabled, by the kindness of Mr. Austin Dobson, author of "Thomas Bewick and his[190]Pupils," to reproduce from that work a picture of the stocks, engraved by Charlton Nesbit for Butler's "Hudibras," 1811.

Scottish history contains allusions to the stocks; but in North Britain they do not appear to have been so generally used as in England. On the 24th August, 1623, a case occupied the attention of the members of the Kirk-Session of Kinghorn. It was proved that a man named William Allan had been guilty of abusing his wife on the Sabbath, and for the offence was condemned to be placed twenty-four hours in the stocks, and subsequently to stand in the jougs two hours on a market day. It was further intimated to him that if he again abused his wife,[191]he would be banished from the town. We give a picture of the stocks formerly in the Canongate Tolbooth, Edinburgh, and now in the Scottish Antiquarian Museum.

It was enacted, in the year 1605, that every person convicted of drunkenness should be fined five shillings or spend six hours in the stocks, and James I., in the year 1623, confirmed the Act. Stocks were usually employed for punishing drunkards, but drunkenness was by no means the only offence for which they were brought into requisition. Wood-stealers, or, as they were styled, "hedge-tearers," were, about 1584, set in the stocks two days in the open street, with the stolen wood before them, as a punishment for a second offence.[38]Vagrants were in former times often put in the stocks, and Canning's "Needy Knife-Grinder" was taken for one, and punished.

STOCKS FROM THE CANONGATE TOLBOOTH.

In a valuable work mainly dealing with[192]Devonshire, by A. H. A. Hamilton, entitled, "Quarter Sessions from Queen Elizabeth to Queen Anne," there is an important note on this subject. "A favourite punishment," says Hamilton, "for small offences, such as resisting a constable, was the stocks. The offender had to come into the church at morning prayer, and say publicly that he was sorry, and was then set in the stocks until the end of the evening prayer. The punishment was generally repeated on the next market day."

Tippling on a Sunday during public divine service was in years agone a violation of the laws, and frequently was the means of offenders being placed in the stocks. In Sheffield, from a record dated February 12th, 1790, we find that for drinking in a public-house, during the time of service in the church, nine men were locked in the stocks. "Two boys," we find it is stated in the same work, "were made to do penance in the church for playing at trip during divine service, by standing in the midst of the church with their trip sticks erect."

Not far distant from Sheffield is the village of Whiston, and here remain the old parish stocks near to the church, and bear the date of 1786.[193]

Perhaps the most notable person ever placed in the stocks for drinking freely, but not wisely, was Cardinal Wolsey. He was, about the year 1500, the incumbent at Lymington, near Yeovil, and at the village feast had overstepped the bounds of moderation, and his condition being made known to Sir Amias Poulett,J.P., a strict moralist, he was, by his instructions, humiliated by being placed in the stocks. It was the general practice in bygone days, not very far remote, for churchwardens to visit the various public-houses during the time of church service and see that no persons were drinking. At Beverley, about 1853, the representatives of the church, while on their rounds, met in the streets a well-known local character called Jim Brigham, staggering along the street. The poor fellow was taken into custody, and next day brought before the Mayor, and after being severely spoken to about the sin of Sunday tippling, he was sentenced to the stocks for two hours. An eye-witness to Jim's punishment says: "While he was in the stocks, one of the Corporation officials placed in Jim's hat a sheet of paper, stating the cause of his punishment and its extent. A young man who had been articled to a lawyer, but who was not[194]practising, stepped forward, and taking the paper out, tore it into shreds, remarking it was no part of Jim's sentence to be subjected to that additional disgrace. The act was applauded by the onlookers. One working-man who sympathised with him, filled and lit a tobacco pipe, and placed it in Jim's mouth; but it was instantly removed by one of the constables, who considered it was a most flagrant act, and one calling for prompt interference on the part of the guardians of the law." Brigham was the last person punished in the stocks at Beverley. The stocks, which bear the date 1789, were movable, and fitted into sockets near the Market Cross. They are still preserved in a chamber at St. Mary's in that town. The Minster, Beverley, had also its stocks, which are still preserved in the roof of that splendid edifice.

The stocks were last used at Market Drayton about sixty years ago. "It is related," says Mr. Morris, "that some men, for imbibing too freely and speaking unseemly language to parishioners, as they were going to church on a Sunday morning, were, on the following day, duly charged with the offence and fined, the alternative being confinement for four hours in the stocks. Two of[195]the men refused to pay the fine, and were consequently put therein. The people flocked around them, and, while some regaled them with an ample supply of beer, others expressed their sympathy in a more practical way by giving them money, so that, when released, their heads and their pockets were considerably heavier than they had been on the previous Sunday." At Ellesmere, the stocks, whipping-post, and pillory were a combination of engines of punishment. The former were frequently in use for the correction of drunkards. A regular customer, we read, was "honoured by a local poet with some impromptu verses not unworthy of reproduction:

"'A tailor here! confined in stocks,A prison made of wood—a—,Weeping and wailing to get out,But couldna' for his blood—a—"'The pillory, it hung o'er his head,The whipping-post so near—a—A crowd of people round aboutDid at William laugh and jeer—a—'"

"'A tailor here! confined in stocks,A prison made of wood—a—,Weeping and wailing to get out,But couldna' for his blood—a—

"'The pillory, it hung o'er his head,The whipping-post so near—a—A crowd of people round aboutDid at William laugh and jeer—a—'"

"The style was," it is said, "a sarcastic imitation of 'William's' peculiar manner of speaking when tipsy."

According to Mr. Christopher A. Markham, in his notices of Gretton stocks, they "still[196]stand on the village green; they were made to secure three men, and have shackles on the post for whipping; they are in a good state of repair. Joshua Pollard, of Gretton, was placed in them, in the year 1857, for six hours, in default of paying five shillings and costs for drunkenness." In the following year a man was put in the stocks for a similar offence. It is asserted that a man was placed in the Aynhoe stocks in 1846 for using bad language. Card-sharpers and the like often suffered in the stocks. It appears from theShrewsbury Chronicleof May 1st, 1829, that the punishment of the stocks was inflicted "at Shrewsbury on three Birmingham youths for imposing on 'the flats' of the town with the games of 'thimble and pea' and 'prick the garter.'"

A very late instance of a man being placed in the stocks for gambling was recorded in theLeeds Mercury, under date of April 14th, 1860. "A notorious character," it is stated, "named John Gambles, of Stanningley, having been convicted some months ago for Sunday gambling, and sentenced to sit in the stocks for six hours, left the locality, returned lately, and suffered his punishment by sitting in the stocks from[197]two till eight o'clock on Tuesday last." Several writers on this old form of punishment regard the foregoing as the latest instance of a person being confined in the stocks; it is, however, not the case, for one Mark Tuck, of Newbury, Berkshire, in 1872, was placed in them. The following particulars are furnished inNotes and Queries, 4th series, vol. x., p. 6:—"A novel scene was presented in the Butter and Poultry Market, at Newbury, on Tuesday (June 11th, 1872) afternoon. Mark Tuck, a rag and bone dealer, who for several years had been well known in the town as a man of intemperate habits, and upon whom imprisonment in Reading gaol had failed to produce any beneficial effect, was fixed in the stocks for drunkenness and disorderly conduct in the Parish Church on Monday evening. Twenty-six years had elapsed since the stocks were last used, and their reappearance created no little sensation and amusement, several hundreds of persons being attracted to the spot where they were fixed. Tuck was seated upon a stool, and his legs were secured in the stocks at a few minutes past one o'clock, and as the church clock, immediately facing him, chimed each quarter, he uttered expressions of thankfulness, and seemed[198]anything but pleased at the laughter and derision of the crowd. Four hours having passed, Tuck was released, and by a little stratagem on the part of the police, he escaped without being interfered with by the crowd."

Attendance and repairing stocks formed quite important items in old parish accounts. A few entries drawn from the township account-books of Skipton, may be reproduced as examples:—

s.d.April 16th, 1763.—For taking up a man and setting in ye stocks20March 27th, 1739.—For mending stocks—wood and iron work96July 12th, 1756.—For pillory and stocks renewing36March 25th, 1776.—Paid John Lambert for repairing the stocks56March 25th, 1776.—Paid Christ. Brown for repairing the stocks46

During their later years, the Skipton stocks were used almost solely on Sundays. A practice prevailed at Skipton similar to the one we have described at Beverley. "At a certain stage in the morning service at the church," writes Mr. Dawson, the local historian, "the churchwardens of the town and country parishes withdrew, and headed by the old beadle walked through the streets of the town. If a person was found drunk in the streets, or even drinking in one of the inns,[199]he was promptly escorted to the stocks, and impounded for the remainder of the morning. An imposing personage was the beadle. He wore a cocked hat, trimmed, as was his official coat, with gold, and he carried about with him in majestic style a trident staff. 'A terror to evildoers' he certainly was—at any rate, to those of tender years."[39]The churchwardens not infrequently partook of a slight refreshment during their Sunday morning rounds, and we remember seeing in the police reports of a Yorkshire town that some highly respectable representatives of the Church had been fined for drinking at an inn during their tour of inspection.

From a Photo by A. Whitford Anderson, Esq., Watford.STOCKS AND WHIPPING-POST, ALDBURY.

"At Bramhall, Cheshire," says Mr. Alfred Burton, to whom we are indebted for several illustrations and many valuable notes in this book, "the stocks were perfect till 1887, when the leg-stones were unfortunately taken away, and cannot now be found. Thomas Leah, about 1849, was the last person put into them. He went to the constable and asked to be placed in the stocks, a request that was granted, and he remained there all night. On the 9th August, 1822, two women were incarcerated in the stocks in the market[200]place at Stockport, for three hours, one for getting drunk, the other for gross and deliberate scandal."

We give an illustration from a recent photograph by Mr. A. Whitford Anderson, of Watford, of the stocks and whipping-post at Aldbury, Hertfordshire. It presents one of the best pictures of these old-time relics which has come under our notice. We have no desire for the stocks and lash to be revived, but we hope these obsolete engines of punishments will long remain linking the past with the present.

In closing this chapter we must not omit to state that in the olden time persons refusing to assist in getting in the corn or hay harvest were liable to be imprisoned in the stocks. At the Northamptonshire Quarter Sessions held in 1688, the time was fixed at two days and one night.

FOOTNOTES:[36]Morris's "Obsolete Punishments of Shropshire."[37]Dyer's "Folk-Lore of Shakespeare."[38]Roberts's "Social History of the Southern Counties of England," 1856.[39]W. H. Dawson's "History of Skipton," 1882.

[36]Morris's "Obsolete Punishments of Shropshire."

[37]Dyer's "Folk-Lore of Shakespeare."

[38]Roberts's "Social History of the Southern Counties of England," 1856.

[39]W. H. Dawson's "History of Skipton," 1882.

[201]

Severalhistorians, dealing with the social life of England in bygone times, have described the wearing of a barrel after the manner of a cloak as a general mode of punishing drunkards, in force during the Commonwealth. There appears to be little foundation for the statement, and, after careful consideration, we have come to the conclusion that this mode of punishment was, as regards this country, confined to Newcastle-on-Tyne.

In the year 1655 was printed in London a work entitled, "England's Grievance Discovered in Relation to the Coal Trade," by Ralph Gardner, of Chirton, in the county of Northumberland, Gent. The book is dedicated to "Oliver, Lord Protector." Gardner not only gave a list of grievances, but suggested measures to reform them. It will be gathered from the following proposed remedy that he was not any advocate of half measures in punishing persons guilty of offences. He suggested that a law be[202]created for death to those who should commit perjury, forgery, or bribery.

More than one writer has said that Gardner was executed in 1661, at York, for coining, but there is not any truth in the statement. We have proof that he was conducting his business after the year in which it is stated that he suffered death at the hands of the public executioner.

Gardner, in his work, gave depositions of witnesses to support his charges against "the tyrannical oppression of the magistrates of Newcastle-on-Tyne." "John Willis, of Ipswich," he writes, "upon his oath said, that he, and this deponent, was in Newcastle six months ago, and there he saw one Ann Bridlestone drove through the streets by an officer of the same corporation, holding a rope in his hand, the other end fastened to an engine called the branks, which is like a crown, it being of iron, which was musled over the head and face, with a great gag or tongue of iron forced into her mouth, which forced the blood out; and that is the punishment which the magistrates do inflict upon chiding and scoulding women; and he hath often seen the like done to others."

BRANK AND DRUNKARD'S CLOAK, NEWCASTLE-ON-TYNE.

"He, this deponent, further affirms, that he[203]hath seen men drove up and down the streets, with a great tub or barrel opened in the sides, with a hole in one end to put through their heads, and so cover their shoulders and bodies, down to the small of their legs, and then close the same, called the new-fashioned cloak, and so make them march to the view of all beholders; and this is their punishment for drunkards and the like."

Several other forms of punishment are mentioned by Gardner. Drunkards, we gather, for the first offence were fined five shillings, to be given to the poor, or in default of payment within a week, were set in the stocks for six hours. For the second offence they had to be bound for good[204]behaviour. Scolds had to be ducked over head and ears in a ducking-stool.

"I was certainly informed," wrote Gardner, "by persons of worth, that the punishments above are but gentle admonitions to what they knew was acted by two magistrates of Newcastle: one for killing a poor workman of his own, and being questioned for it, and condemned, compounded with King James for it, paying to a Scotch lord his weight in gold and silver, every seven years or thereabouts, etc. The other magistrate found a poor man cutting a few horse sticks in his wood, for which offence he bound him to a tree, and whipt him to death."

The Rev. John Brand, in 1789, published his "History of Newcastle-on-Tyne," and reproduced in it Gardner's notice of the drunkard's cloak. Brand gives a picture of the cloak, and Mr. J. R. Boyle,F.S.A., a leading authority on North Country bibliography, tells us that he believes it to be the first pictorial representation of the cloak. Our illustration is from Richardson's "Local Historian's Table Book." Mr. Walter Scott, publisher, of Newcastle-on-Tyne, has kindly lent us the block.

Dr. T. N. Brushfield, to whom we are under an[205]obligation for several of the facts included in this chapter, read before the British Archæological Association, February 15th, 1888, a paper on this theme. "It is rather remarkable," said Dr. Brushfield, "that no allusion to this punishment is to be found in the Newcastle Corporation accounts or other local documents." We have reproduced from Gardner's volume the only testimony we possess of the administration of the punishment in England. There are many traces of this kind of cloak on the continent. It is noticed in "Travels in Holland," by Sir William Brereton, under date of May 29th, 1634, as seen at Delft. John Evelyn visited Delft, on August 17th, 1641, and writes that in the Senate House "hangs a weighty vessel of wood, not unlike a butter-churn, which the adventurous woman that hath two husbands at one time is to wear on her shoulders, her head peeping out at the top only, and so led about the town, as a penance for her incontinence." Samuel Pepys has an entry in his diary respecting seeing a similar barrel at the Hague, in the year 1660. We have traces of this mode of punishment in Germany. John Howard, in his work entitled "The State of Prisons in England and Wales," 1784, thus writes: "Denmark.—Some[206](criminals) of the lower sort, as watchmen, coachmen, etc., are punished by being led through the city in what is called 'The Spanish Mantle.' This is a kind of heavy vest, something like a tub, with an aperture for the head, and irons to enclose the neck. I measured one at Berlin, 1ft. 8in. in diameter at the top, 2ft. 11in. at the bottom, and 2ft. 11in. high.... This mode of punishment is particularly dreaded, and is one cause that night robberies are never heard of in Copenhagen."

PUNISHMENT OF A DRUNKARD.

We may safely conclude that the drunkard's cloak was introduced into Newcastle from the Continent. The author of a paper published in 1862, under the title of "A Look at the Federal Army," after speaking of crossing the Susquehanna, has some remarks about punishments. "I was," says the writer, "extremely amused to see a 'rare' specimen of Yankee invention, in the shape of an original method of punishment drill. One wretched delinquent was gratuitously framed in oak, his head being thrust through a hole cut in one end of a barrel, the other end of which had been removed; and the poor fellow 'loafed' about in the most disconsolate manner, looking for all the world like a half-hatched chicken.[207]Another defaulter had heavy weights fastened to his wrists, his hands and feet being chained together." In conclusion, we are told that the punishments were as various as the crimes, but the man in the pillory-like barrel was deemed the most ludicrous.

The early English settlers in America introduced many English customs into the country. The pillory, stocks, ducking-stool, etc., were frequently employed. Drunkards were punished in various ways; sometimes they had to wear a large "D" in red, which was painted on a board[208]or card, and suspended by a string round the neck.

At Haddon, Derbyshire, is a curious relic of bygone times, consisting of an iron handcuff or ring, fastened to some woodwork in the banqueting hall. If a person refused to drink the liquor assigned to him, or committed an offence against the convivial customs at the festive gatherings for which this ancient mansion was so famous, his wrist was locked in an upright position in the iron ring, and the liquor he had declined, or a quantity of cold water, was poured down the sleeve of his doublet.

[209]

TheAnglo-Saxons whipped prisoners with a whip of three cords, knotted at the end. It was not an uncommon practice for mistresses to whip, or have their servants whipped, to death. William of Malmesbury relates a story to the effect that when King Ethelred was a child, he on one occasion displeased his mother, and she, not having a whip at hand, flogged him with some candles until he was nearly insensible with pain. "On this account," so runs the story, "he dreaded candles during the rest of his life to such a degree that he would never suffer the light of them to be introduced in his presence." During the Saxon epoch, flogging was generally adopted as means of punishing persons guilty of offences, whether slight or serious.

For a long time in our history, payments for using the lash formed important items in the municipal accounts of towns or parish accounts of villages.

Before the monasteries were dissolved, the poor[210]were relieved at them. No sooner had they passed away than the vagrants became a nuisance, and steps were taken to put a stop to begging; indeed, prior to this period attempts had been made to check wandering vagrants. They were referred to in the "Statute of Labourers," passed in the year 1349. Not a few enactments were made to keep down vagrancy. In the reign of Edward VI., in 1547, an Act was passed, from which it appears "that any person who had offered them work which they refused, was authorised to brand them on the breast with a V, hold them in slavery for two years, feed them during that period on bread and water, and hire them out to others." The Act failed on account of its severity, and was repealed in 1549.

It was in the reign of Henry VIII., and in the year 1530, that the famous Whipping Act was instituted, directing that vagrants were to be carried to some market town or other place, "and there tied to the end of a cart naked, and beaten with whips throughout such market town, or other place, till the body shall be bloody by reason of such whipping." Vagrants, after being whipped, had to take an oath that they would return to their native places, or where they had last dwelt[211]for three years. Various temporary modifications were made in this Act, but it remained in force until the thirty-ninth year of the reign of Queen Elizabeth, when some important alterations were made. Persons were not to be publicly whipped naked, as previously, but from the middle upwards, and whipped until the body should be bloody. It was at this time that the whipping-post was substituted for the cart. Whipping-posts soon became plentiful. John Taylor, "the water poet," in one of his works, published in 1630, adverts to them as follows:

"In London, and within a mile, I ween,There are jails or prisons full eighteen,And sixty whipping-posts and stocks and cages."

WALTHAM ABBEY WHIPPING-POST AND STOCKS.

We give an illustration of the Waltham Abbey Whipping-Post and Stocks, as they appeared when they stood within the old wooden market-house, which was pulled down in 1853. The post bears on it the date 1598, and is 5 feet 9 inches high; it is strongly made of oak, with iron clasps for the hands when employed as a whipping-post, and for the feet when used as the stocks. It is rather more elaborate than others which have come under our notice. It will be observed the seat for the culprits placed in the[212]stocks was beside one of the immense oak pillars of the market-house. They are now placed with the remains of the Pillory at the entrance of the schoolroom, on the south-west side of the church.

Some of the authorities regarded with greater favour the punishment at the whipping-post than at the cart tail. An old writer deals at some length with the benefit of the former. Says he: "If to put in execution the laws of the land be of any service to the nation, which few, I think, will deny, the benefits of the whipping-post must be very apparent, as being a necessary instrument to such an execution. Indeed, the service it does to a country is inconceivable. I, myself, know a man who had proceeded to lay his hand upon a silver spoon with a design to make it his own, but on looking round, and seeing the whipping-post in his way, he desisted from the theft. Whether he suspected that the post would impeach him or not, I will not pretend to determine; some folks were of opinion that he was afraid ofhabeas corpus. It is likewise an infallible remedy for all lewd and disorderly behaviour, which the chairman at sessions generally employs to restrain; nor is it less beneficial to the honest part of mankind[215]than the dishonest, for though it lies immediately in the high road to the gallows, it has stopped many an adventurous young man in his progress thither." The records of the Worcester Corporation contain many references to old-time punishments. In the year 1656 was made in the bye-law book a note of the fact that for some years past a want has been felt "for certain instruments for applying to the execution of justice upon offenders, namely, the pillory, whipping-post, and gum-stoole." The Chamberlain was directed to obtain the same. We gather from the proceedings of the Doncaster Town Council that on the 5th of May, 1713, an order was made for the erection of a whipping-post, to be set up at the Stocks, Butcher-Cross, for punishing vagrants and sturdy beggars.

Notices of whipping sometimes appear in old church books. At Kingston-on-Thames, under date of September 8th, 1572, it is recorded in the parish register as follows: "This day in this towne was kept the sessions of Gayle Delyverye, and ther was hanged vj. persons, and xvj. taken for roges and vagabonds, and whypped aboyt the market-place, and brent in the ears."

At the Quarter Sessions in Devonshire, held at[216]Easter, 1598, it was ordered that the mothers of illegitimate children be whipped. The reputed fathers had to undergo a like punishment. A very strange order was made in the same county during the Commonwealth, and it was to the effect that every woman who had been the mother of an illegitimate child, and had not been previously punished, be committed for trial. Mr. Hamilton, in his work on the "Quarter Sessions from Queen Elizabeth to Queen Anne," has many curious notes on the subject. The Scotch pedlars and others who wended their way to push their trade in the West of England, ran a great risk of being whipped. At the Midsummer Sessions, in the year 1684, information was given to the court showing that certain Scotch pedlars, or other petty chapmen, were in the habit of selling their goods to the "greate damage and hindrance of shopp keepers." The Court passed measures for the protection of the local tradesmen, and directed the petty constables to apprehend the strangers, and without further ceremony to strip them naked, and whip them, or cause them to be openly flogged, and sent away.

The churchwardens' accounts of Barnsley contain references to the practice of whipping.[217]Charges as follow occur:

1622.William Roggers, for going with six wanderers to Ardsleyijd.Mr. Garnett, for makinge them a passiijd.Richard White, for whippeinge them accordinge to lawijd.

The constable's accounts of the same town, from 1632 to 1636, include items similar to the following:

To Edward Wood, for whiping of three wanderers sent to their dwelling-place by Sir George Plint and Mr. Rockleyiiijd.

It appears from the Corporation accounts of Congleton, Cheshire, that persons were whipped at the cart tail. We find it stated:

1637.paid to boy for whippinge John ffoxe020paid for a carte to tye the said ffoxe unto when he was whipped020

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.[218]"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 assigned to pass 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 punishing the vagrants in their own parish, the authorities recommended them to the tender mercy of other persons in whose hands they might fall.[219]

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, Huntingdonshire, is an item:

1690-1.Pd. in charges taking up a distracted woman, watching her, and whipping her next day086

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

1710-1.Pd. Thomas Hawkins for whipping 2 people yt had small-pox008

In 1764, we gather from thePublic Ledgerthat 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[220]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 inAdams's Weekly Courantfor 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,May15,AssistanceatWhiping3men030July6,""3"030Aug.17,""2"020Sept.7,""3"030

A fire occurred at Olney in 1783, and during[221]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 fortitude; 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 lass 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,[222]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 entitled "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.

COLESHILL PILLORY, WHIPPING-POST, AND STOCKS.

At Coleshill are standing a whipping-post, pillory and stocks, and as might be expected they attract a good deal of attention from the visitors[223]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 illustration is from a carefully executed drawing made some years ago.

WHIPPING-POST, KIRTON-IN-LINDSEY.

The old town of Kirton-in-Lindsey, Lincolnshire, 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 documents. 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.[224]

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 shilling was punishable with death. Children must have had a hard time of it, and been frequently flogged.

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, Herefordshire, refers to one of her maids speaking in the[225]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 ladyship 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 ladyship 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[226]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.

The Tutor's Assistant(By George Cruikshank)

[227]

Churchdiscipline 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[228]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 illustrating the strange beliefs of the olden times. The Duchess was tried in the year 1441, for treason and witchcraft. It transpired that two[229]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 pronounced upon the Duchess: 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 passed 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 shore 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[230]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 Shore. 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 Shore, 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[231]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:

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