Chapter 11
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, Assistance 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 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, 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.
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 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.
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.
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 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 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.
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 illustrating the strange beliefs of the olden times. The Duchess 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 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 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 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 passed, 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 circumstance gave rise to the name of a part of London known as Shoreditch. The black-letter ballad in the Pepys collection, which makes Jane Shore 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 asserted 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 shirt on, and carrying a large faggot 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 unchastity, 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 Cox 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 (Lincolnshire) parish register: "Memorandum.--Michael Kirby and Dixon, Wid. had 2 Bastard 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, Oxfordshire, 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
1731.--Nov. 6. Paid for the loan of two white Sheets 6
1732.--Oct. 8. Pd. for the loan of 7 sheets for penances 1 9
1735.--Nov. 1. Pd. for a sheet that ---- had to do penance in 1 0
1736.--Sep. 27. Pd. for two sheets ye women did penans in 8
1736.--Oct. 10. Pd. for a sheet for Stringer to do penance in 4
1737.--June 23. Pd. for a sheet for Eliza Redhead penance 4
1750.--Dec. 26. To Priestly for a sheet & attending a woman's penance 5 0
"On February 27th, 1815," says Mr. John W. Walker, "William Hepworth, a shoemaker, did penance in the Parish Church for defaming the character of an old woman named Elizabeth Blacketer. They both lived in Cock and Swan Yard, Westgate, and the suit was carried on by one George Robinson, an attorney, out of spite to the cobbler."
"On Sunday, August 25th, 1850, a penance was performed in the Parish Church, by sentence of the Ecclesiastical Court, on a person who had defamed the character of a lady in Wakefield. A recantation was repeated by the penitent after the Vicar, and then signed by the interested parties."[40]
The historian of Cleveland, Mr. George Markham Tweddell, furnishes us with a copy of a document enjoining penance to be performed in 1766, by James Beadnell, of Stokesley, in the diocese of York, tailor: "The said James Beadnell shall be present in the Parish Church of Stokesley, aforesaid, upon Sunday, being the fifth, twelfth, and nineteenth day of January instant, in the time of Divine service, between the hours of ten and eleven in the forenoon of the same day, in the presence of the whole congregation then assembled, being barehead, barefoot, and barelegged, having a white sheet wrapped about him from the shoulder to the feet, and a white wand in his hand, where, immediately after the reading of the Gospel, he shall stand upon some form or seat, before the pulpit or place where the minister readeth prayers, and say after him as forthwith: 'Whereas, I, good people, forgetting my duty to Almighty God, have committed the detestable sin of adultery with Ann Andrewes, and thereby have provoked the heavy wrath of God against me to the great danger of my soul and evil example of others. I do earnestly repent, and am heartily sorry for the same, desiring Almighty God, for the merits of Jesus Christ, to forgive me both this and all other my offences, and also ever hereafter so to assist me with His Holy Spirit, that I never fall into the like offence again; and for that end and purpose, I desire you all here present to pray for me, saying, "Our Father, which art in heaven," and so forth.'"
Towards the close of the last century, it was the practice of women doing penance at Poulton Church, Lancashire, to pass along the aisles barefooted, clothed in a white sheet, and having in each hand a lighted candle. The last time the ceremony was performed, we are told, the cries of the poor girl melted the heart of the people, and the well-disposed raised a clamour against it, and caused the practice to be discontinued.
The Rev. Thomas Jackson, the popular Wesleyan minister, was born at Sancton, a village on the Yorkshire Wolds, in 1783. Writing of his earlier years spent in his native village, he describes two cases of public penance which he witnessed. "A farmer's son," says Mr. Jackson, "the father of an illegitimate child, came into church at the time of divine service, on the Lord's day, covered with a sheet, having a white wand in his hand; he walked barefoot up the aisle, stood over against the desk where the prayers were read, and then repeated a confession at the dictation of the clergyman; after which he walked out of the church. The other case was that of a young woman,
'Who bore unhusbanded a mother's name.'
She also came into the church barefoot, covered with a sheet, bearing a white wand, and went through the same ceremony. She had one advantage which the young man had not. Her long hair so completely covered her face that not a feature could be seen. In a large town, few persons would have known who she was, but in a small village every one is known, and no public delinquent can escape observation, and the censure of busy tongues. These appear to have been the last cases of the kind that occurred at Sancton. The sin was perpetuated, but the penalty ceased; my father observed that the rich offenders evaded the law, and then the authorities could not for shame continue to inflict its penalty upon the labouring classes."[41]
In the month of April, 1849, penance was performed at Ditton Church, Cambridgeshire.
The Church of East Clevedon, Somersetshire, on July 30th, 1882, was the scene of a man performing penance in public, and the act attracted much attention in the newspapers of the time.
FOOTNOTES:
[40] Walker's "History of Wakefield Cathedral."
[41] Rev. Thomas Jackson's "Recollections of my own Life and Times," 1873.
The Repentance Stool.
The records of church-life in Scotland, in bygone times, contain many allusions to the repentance stool. A very good specimen of this old-time relic may be seen in the Museum of the Society of Antiquaries, at Edinburgh. It is from the church of Old Greyfriars, of Edinburgh. In the same museum is a sackcloth, or gown of repentance, formerly used at the parish church of West Calder.
Persons guilty of adultery were frequently placed on the repentance stool, and rebuked before the congregation assembled for public worship. The ordeal was a most trying one. Severe laws have been passed in Scotland to check adultery. "In the First Book of Discipline," says the Rev. Charles Rogers, LL.D., "the Reformers demanded that adulterers should be put to death. Their desire was not fully complied with, but in 1563 Parliament enacted that 'notour adulterers'--meaning those of whose illicit connection a child had been born--should be executed." Dr. Rogers and other authorities assert that the penalty was occasionally inflicted.
Paul Methven, minister at Jedburgh, in the year 1563, admitted that he had been guilty of adultery. The General Assembly conferred with the Lords of the Council respecting his conduct. Three years later, we are told, that he was "permitted to prostrate himself on the floor of the Assembly, and with weeping and howling to entreat for pardon." His sentence was as follows: "That in Edinburgh, as the capital, in Dundee, as his native town, and in Jedburgh, the scene of his ministrations, he should stand in sackcloth at the church door, also on the repentance stool, and for two Sundays in each place."
A man, on his own confession, was tried for adultery at the Presbytery of Paisley, on November 16th, 1626, and directed to "stand and abyde six Sabbaths barefooted and barelegged at the kirk-door of Paisley between the second and third bell-ringing, and thereafter to goe to the place of public repentance during the said space of six Sabbaths."
At Stow, in 1627, for a similar crime, a man was condemned to "sittin' eighteen dyetts" upon the stool of repentance. Particulars of many cases similar to the foregoing may be found in the pages of "Social Life in Scotland," by the Rev. Charles Rogers, in "Old Church Life in Scotland," by the Rev. Andrew Edgar, and in other works.