Dr. T. N. Brushfield, to whom we are under an obligation for several of

the facts included in this chapter, read before the British

Archaeological 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 (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."

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. 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.

[Illustration: PUNISHMENT OF A DRUNKARD.]

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 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.

Whipping and Whipping-Posts.

The Anglo-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 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 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."

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 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.

[Illustration: WALTHAM ABBEY WHIPPING-POST AND STOCKS.]

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 of _habeas 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 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 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. Charges as follow occur:

1622. William Roggers, for going with six wanderers to Ardsley ijd.

Mr. Garnett, for makinge them a pass iijd.

Richard White, for whippeinge them accordinge to law ijd.

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. Rockley iiijd.

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 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 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.

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 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, 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.

[Illustration: COLESHILL PILLORY, WHIPPING-POST, AND STOCKS.]

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.

[Illustration: 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, 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.

[Illustration: "The Tutor's Assistant"

(_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

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."

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