Bygone Punishments Part 9

It was formerly a common custom to put persons in the pillory during the time of public market. We may name, as an example, a case occurring at Canterbury, in 1524. A man was set up in the pillory, which was in the Market Place, and bearing on his head a paper inscribed, "This is a false, perjured, and forsworn man." He was confined in the pillory until the market was over, and then led to Westgate and thrust out of the town, still wearing the paper. "If he be proud," says an old writer, "he may go home and shew himself among his neighbours."

The Corporation accounts of Newcastle-on-Tyne contain, among other curious items, the following:

1561.--Paid to the Gawyng Aydon, for squrgyn a boye about the town, and for settying a man in the pallerye, two days 16d.

1562.--Paid for a tre to the pillyre 5s.

1574.--Paid to Charles Shawe, for charges in carryinge the man to Durham that stode in the pillarye, and was skrougide aboute the town at Mr. Maior's commandment 3s.

1593.--Paide for a Papist which studd in the pillerie for abusing Our Majestie by slanderous woordes 14d.

1594.--Paid for 4 papers to 4 folke which was sett on the pillorie 16d.

Paid Ro. Musgrave for takinge paines to sett them upp 8d.

The "papers" above mentioned were for the purpose of proclaiming to the world at large the nature of the bearer's offence.

At Hull, in the year 1556, the town ordinances were revised and proclaimed "in the Market Place, in the market-time, according to the yearly custom." The twenty-third rule runs as follows: "That no person whomsoever presume to take down and carry away, any brick or stones off or from the town's walls, upon pain for every default to be set upon the pillory, and to pay, for a fine, to the town's chamber, forty s.h.i.+llings." We may infer, from the foregoing, that the town's walls, both the original stone portion of Edward I., and the later addition of brick, were in a state of demolition. In 1559, the aldermen of Hull were directed to take account of "all vagabonds, idle persons, sharpers, beggars, and such like;" and, doubtless, not a few of the persons included under these wide definitions would come to the pillory, for the aldermen were ordered to "punish them severely;" and, as the punishments of Hull were largely in fines, Mr. Wildridge, author of "Old and New Hull," suggests that the moneyless cla.s.ses of persons above-named would be most economically and severely dealt with by pillorying. About 1813, a man, for keeping a disreputable house, was placed in the pillory erected in the Market Place.

At Preston, Lancas.h.i.+re, in 1814, a man about sixty years of age was pilloried for a similar offence, and it is said that he was the last person punished in this manner in the town.

The pillory at Driffield was movable, and when in use stood in the Market Place, near the Cross Keys Hotel. The last occupants, a man and a woman, were pilloried together about 1810, for fortune-telling. At Bridlington the pillory stood in the Market Place, opposite the Corn Exchange. It was taken down about 1835, and lay some time in Well Lane, but it finally disappeared, and was probably chopped up for firewood.

Before its removal there was affixed to it a bell, which was rung to regulate the market hours. Mischievous youths, however, often rang it, so it was taken down in 1810, and kept at a house down a court, known as Pillory Bell Yard.

[Ill.u.s.tration: MANCHESTER PILLORY.]

Mr. W. E. A. Axon, the well known Lancas.h.i.+re author and antiquary, kindly furnishes us with particulars of the Manchester pillory. "The earliest notice of the pillory in Manchester," says Mr. Axon, "is in the Court Leet Records, April 8th, 1624, when the jury referred the erection of 'a gibbett' to the discretion of the Steward and the Boroughreeve.

Some delay must have occurred, for on April 8th, 1625, 'the jurye doth order that the constables of this yeare, att the charges of the inhabitants, shall cause to bee erected and sett vp a sufficient gibbett or pilorye for the vse of this towne, in some convenient place about the Markett Crosse, and to take to them the advice of Mr. Stewart and the Bororeve. This to be done before the xxiiijth day of August next, subpena xx^s.' This threat of a penalty was effective, and the careful scribe notes _factum est_. The convenient place was in the market-place, close to the stocks. The pillory remained, more or less in use, until 1816, when it was removed. Barritt, the antiquary, made a drawing of it, which has been engraved. It was jocularly styled the 'tea table,' and was used as a whipping place also. In the present century, it was not a permanent fixture, but a movable structure, set up when required. One pilloried individual, grimly jesting at his own sorrows, told an inquiring friend that he was celebrating his nuptials with Miss Wood, and that his neighbour, whom the beadle was whipping, had come to dance at the wedding. During the Civil War, there was a pillory for the special benefit of the soldiers, and it was removed from the Corn Market in 1651."

The Rye pillory is still kept in the Town Hall, and we give a picture of it from a photograph. The last time it was used was in 1813, when a publican was put in it for aiding the escape of General Phillippon, a French prisoner of war, who had been brought to this old Suss.e.x town.

The pillory was erected on the beach, and the face of the culprit turned to the coast of France. Mr. Holloway, the local historian, supplied the late Mr. Llewellyn Jewitt with some particulars respecting this example. "It measures," says Mr. Holloway, "about six feet in height, by four in width. It consists of two up-posts affixed to a platform, and has two transverse rails, the upper one of which is divided horizontally, and has a hinge to admit of the higher portion being lifted, so as to allow of the introduction of the culprit's head and hands. Through the platform and the lower rail there are round perforations, into which, when the instrument was in requisition, an upright bar, probably of iron, was introduced, so as to allow the pillory, with its unfortunate tenant, to be turned bodily round at pleasure."

[Ill.u.s.tration: PILLORY AT RYE.]

The famous Lord Thurlow was eloquent for the preservation of the pillory, which he called "the restraint against licentiousness, provided by the wisdom of past ages." This was in a case against the Rev. Horne Tooke, who, escaped with a fine of 200. Of others, who have spoken for and against it, may be mentioned Lord Macclesfield, who, in 1719, condemned it as a punishment for State criminals. In 1791, Pitt claimed to have dissuaded the Government from its too frequent use, as had Burke. Lord Ellenborough, in 1812, sentenced a blasphemer to the pillory for two hours once a month, for eighteen months. Again, in 1814, he ordered Lord Cochrane, the famous sea-fighter of Brasque Roads fame, to be pilloried for conspiring with others to spread false news. But his colleague, Sir Francis Burdett, declared that he would stand by his side in the pillory regardless of consequences. In the then state of public opinion, the Government declined to undertake the responsibility, and this punishment was waived.

It was no uncommon circ.u.mstance for the offenders to be killed on the pillory, by the pelting to which they were subjected by the fury of the crowd. In 1731, a professional witness, _i.e._, one who, for the reward offered for the conviction of criminals, would swear falsely against them, was sentenced to the pillory of Seven Dials, where so bitter were the populace against him that they pelted him to death. The coroner's jury returned a verdict of "wilful murder by persons unknown." In 1756, the drovers of Smithfield pelted two perjured thief-catchers so violently that one died; in 1763, a man died from a like cause, at Southwark; in 1780, a coachman died from injuries before his time had expired.

An amusing anecdote is related, bearing upon a pillory accident. "A man being condemned to the pillory in or about Elizabeth's time, the foot-board on which he was placed proved to be rotten, and down it fell, leaving him hanging by the neck, in danger of his life. On being liberated, he brought an action against the town for the insufficiency of its pillory, and recovered damages."[34]

In the year 1816, the pillory ceased to be employed for punis.h.i.+ng persons, except in cases of perjury, and for this crime a man was put in the pillory in 1830. The pillory, in the year 1837, was abolished by Act of Parliament.

At the present time in China, the Cang, or Cangue is employed for punis.h.i.+ng petty offenders. From a picture we give from an original sketch recently made, it will be seen that it consists of a large wooden collar fitting close round the neck. The size and weight of the board varies, but it is not to be removed until the completion of the sentence, which may vary in length from a couple of weeks to three months. The name of the prisoner and the nature of his crime are written on the cang in large letters. He is left to public charity for support, and frequently suffers from the pangs of hunger.

[Ill.u.s.tration: THE CANG, CHINA.]

FOOTNOTES:

[34] Chambers's "Book of Days."

Punis.h.i.+ng Authors and Burning Books.

Literary annals contain many records of the punishments of authors. The Greeks and Romans frequently brought writers into contempt by publicly burning their books. In England, in years agone, it was a common practice to place in the pillory authors who presumed to write against the reigning monarch, or on political and religious subjects which were not in accord with the opinions of those in power. The public hangman was often directed to make bonfires of the works of offending authors.

At Athens, the common crier was instructed to burn all the prohibited works of Pythagoras which could be found. It is well known that Numa Pompilius did much to build up the glory of Rome. It was he who gave to his countrymen the ceremonial laws of religion, and it was under his rule that they enjoyed the blessings of peace. His death was keenly felt by a grateful people, and he was honoured with a grand and costly funeral. In his grave were found some of his writings, which were contrary to his religious teaching; and the fact being made known to the Senate, an order was made directing the ma.n.u.scripts to be consumed by fire. In the days of Augustus, no fewer than twenty thousand volumes were consigned on one occasion to the flames. The works of Labienus were amongst those which were burnt. It was a terrible blow to the author and some of his friends. Ca.s.sius Severus, when he heard the sentence p.r.o.nounced, exclaimed in a loud voice that they must burn him also, for he had learnt all the books by heart. It was the death-blow to Labienus; he repaired to the tomb of his forefathers, refused food, and pined away. It is a.s.serted that he was buried alive. At Constantinople, Leo I.

caused two hundred thousand books to be consumed by fire.

The Bible did not escape the flames. It is stated by Eusebius that, by the direction of Diocletian, the Scriptures were burnt. According to Foxe, the well-known writer on the martyrs, on May, 1531, Bishop Stokesley "caused all the New Testament of Tindal's translation, and many other books which he had bought, to be openly burnt in St. Paul's churchyard." It was there that the Bishop of Rochester in a sermon denounced Martin Luther and all his works. He spoke of all who kept his books as accursed. Not a few of the condemned works were publicly burnt during the delivery of the sermon.

A man named Stubbs, in the reign of Queen Elizabeth, lost his hand for writing a pamphlet of Radical tendencies.

Collingbourne wrote the following couplet respecting Catesby, Ratcliff, and Lovel giving their advice to Richard III., whose crest, it will be remembered, was a white boar:

"The cat, the rat, and Lovel the dog, Rule all England under a hog."

For writing the foregoing couplet, Collingbourne was executed on Tower Hill. After "having been hanged," it is recorded, "he was cut down immediately, and his entrails were then extracted and thrown into the fire; and all this was so speedily performed that," Stow says, "when the executioner pulled out his heart, he spoke, and said, 'Jesus, Jesus.'"

It is generally understood that Christopher Marlowe translated, as a college exercise, "Amores of Ovid." It was a work of unusual ability; but did not, however, meet with the approval of Archbishop Whitgift and Bishop Bancroft. In consequence, in June, 1599, all copies were ordered to be burnt. A few escaped the fire, and are now very valuable. Milton's books were burnt by the common hangman, on August 27th, 1659.

In 1630, Dr. Leighton, a clergyman, and father of the celebrated archbishop of that name, was tried and found guilty of printing a work ent.i.tled, "Zion's Plea against Prelacy," in which he called bishops men of blood, ravens, and magpies, and p.r.o.nounced the inst.i.tution of Episcopacy to be satanical; he called the Queen a daughter of Heth, and even commanded the murder of Buckingham. His sentence was a hard one, and consisted of a fine of 10,000. He was also degraded from the ministry, pilloried, branded, and whipped; an ear was cropped off, and his nostrils slit. After enduring these punishments, he was sent to the Fleet prison. At the end of the week, he underwent a second course of cruelty, and was consigned to prison for life. After eleven weary years pa.s.sed in prison, Leighton was liberated, the House of Commons having reversed his sentence. He was told that his mutilation and imprisonment had been illegal! At that period in our history, a book or pamphlet could not be printed without a license from the Archbishop of Canterbury, the Bishop of London, or the authorities of the two universities. Only authorised printers were permitted to set up printing presses in the city of London. Any one printing without the necessary authority subjected himself to the risk of being placed in the pillory and whipped through the City.

Lilburne and Warton disregarded the foregoing order, and printed and published libellous and seditious works. They refused to appear before the court where such offences were tried. The authorities found them guilty, and fined each man 500, and ordered them to be whipped from Fleet Prison to the pillory at Westminster. The sentence was carried out on April the 18th, 1638. Lilburne appears to have been a man of dauntless courage, and when in the pillory, he gave away copies of his obnoxious works to the crowd, and addressed them on the tyranny of his persecutors. He was gagged to stop his speech.

William Prynne lost his ears for writing "Histrio-Mastix: the Player's Scourge, or Actor's Tragedie" (1633.) His pillory experiences were of the most painful character.

According to an entry in the annals of Hull, in the year 1645, all the books of Common Prayer were burned by the Parliamentary soldiers, in the market-place.

One of the late Mr. C. H. Spurgeon's predecessors, named Benjamin Keach, a Baptist Minister, of Winslow, in the County of Bucks, issued a work ent.i.tled, "The Child's Instructor; or, a New and Easy Primmer." The book was regarded as seditious, and the authorities had him tried for writing and publis.h.i.+ng it, at the Aylesbury a.s.sizes, on the 8th October, 1664.

The judge pa.s.sed on him the following sentence:

"Benjamin Keach, you are here convicted of writing and publis.h.i.+ng a seditious and scandalous Book, for which the Court's judgment is this, and the Court doth award, That you shall go to gaol for a fortnight, without bail or mainprise; and the next Sat.u.r.day to stand upon the pillory at Ailsbury for the s.p.a.ce of two hours, from eleven o'clock to one, with a Paper upon your head with this inscription, _For writing, printing and publis.h.i.+ng a schismatical book, ent.i.tled, The Child's Instructor, or a new and easy Primmer._ And the next Thursday so stand in the same manner and for the same time in the market of Winslow; and there your book shall be openly burnt before your face by the common hangman, in disgrace to you and your doctrine. And you shall forfeit to the King's Majesty the sum of 20 and shall remain in gaol until you find sureties for your good behaviour and appearance at the next a.s.sizes, there to renounce your doctrine, and to make such public submission as shall be enjoined you."

We are told that Keach was kept a close prisoner until the following Sat.u.r.day, and on that day was carried to the pillory at Aylesbury, where he stood two hours without being permitted to speak to the spectators.

It is recorded that his hands as well as his head were carefully kept in the pillory the whole time. The next Thursday he stood in the same manner and length of time at Winslow, the town where he lived, and his book was burnt before him. "After this," we learn from Howell's "State Trials," "upon paying his fine, and giving sufficient security for his good behaviour, he was set at liberty; but was never brought to make recantation."

[Ill.u.s.tration: BENJAMIN KEACH IN THE PILLORY.]

Defoe wrote much and well. He was by birth and education a Dissenter, and with much ability a.s.serted the rights of Nonconformists. At a time when Churchmen were trying to obtain hard measures against the Dissenters, he directed against the Church party a severe satire, under the t.i.tle of "The Shortest Way with the Dissenters." It exasperated the members of the Government, and a reward of fifty pounds was offered for his apprehension. The advertis.e.m.e.nt respecting him is a literary curiosity, and appeared in _The London Gazette_. It reads as follows:

"Whereas Daniel De Foe, _alias_ De Fooe, is charged with writing a scandalous and seditious pamphlet, ent.i.tled, 'The Shortest Way with the Dissenters.' He is a middle-sized, spare man, about forty years old, of a brown complexion, and dark brown coloured hair, but wears a wig, a hooked nose, a sharp chin, grey eyes, and a large mole near his mouth; was born in London, and for many years was a hose factor, in Truman's-yard, in Cornhill, and now is owner of a brick and pantile works near Tilbury-fort, in Ess.e.x. Whoever shall discover the said Daniel De Foe to any of her Majesty's princ.i.p.al Secretaries of State, or any of Her Majesty's Justices of the Peace, so as he may be apprehended, shall have a reward of fifty pounds, which Her Majesty has ordered immediately to be paid upon such discovery."

He managed to keep out of the way of the authorities, but on hearing that the printer and publisher of the pamphlet were put into prison, he gave himself up, and they were set at liberty. Defoe was tried at the Old Bailey, in July, 1704, and pleaded guilty. It is said that he put in this plea on the promise of pardon secretly given to him. He did not, however, escape punishment; he was fined two hundred marks, and ordered to appear three times in the pillory, and remain in prison during the Queen's pleasure.

During his imprisonment before being placed in the pillory, he wrote the famous "Hymn to the Pillory," which was speedily put into type and sung by the crowd at the time Defoe was in the machine. Here are some lines from it: