Penal Practice and Culture,

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1 Penal Practice and Culture,

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3 Penal Practice and Culture, Punishing the English Edited by Simon Devereaux and Paul Griffiths

4 Selection and editorial matter Simon Devereaux and Paul Griffiths 2004 Chapter 3 Paul Griffiths 2004 Chapter 10 Simon Devereaux 2004 Chapters 1 2, 4 9, 11 Palgrave Macmillan Ltd 2004 Softcover reprint of the hardcover 1st edition All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act First published 2004 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin s Press, LLC and of Palgrave Macmillan Ltd. Macmillan is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN DOI / ISBN (ebook) This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging in Publication Data Penal practice and culture, : punishing the English/edited by Simon Devereaux and Paul Griffiths. p. cm. Includes bibliographical references and index. 1. Corrections England History. 2. Punishment England History. 3. Violence England History. 4. Social control England History. I. Devereaux, Simon, 1966 II. Griffiths, Paul, 1960 HV9649.E5P dc

5 Contents List of Plates and Tables Notes on the Contributors List of Abbreviations vii viii x Introduction: Punishing the English 1 Paul Griffiths 1 Shame and Pain: Themes and Variations in Tudor Punishments 36 Martin Ingram 2 Dead Men Talking: Truth, Texts and the Scaffold in Early Modern England 63 Katherine Royer 3 Bodies and Souls in Norwich: Punishing Petty Crime, Paul Griffiths 4 Punishing Pardon: Some Thoughts on the Origins of Penal Transportation 121 Cynthia Herrup 5 Public Punishment and the Manx Ecclesiastical Courts during the Seventeenth and Eighteenth Centuries 138 J.R. Dickinson and J.A. Sharpe 6 Sanctifying the Robe: Punitive Violence and the English Press, Philippe Rosenberg 7 The Grotian Moment: Natural Penal Rights and Republicanism 183 Mark Rigstad 8 The Problem of Punishment in Eighteenth-Century England 210 Randall McGowen 9 Streets of Shame? The Crowd and Public Punishments in London, R.S. Shoemaker v

6 vi Contents 10 Peel, Pardon and Punishment: The Recorder s Report Revisited 258 Simon Devereaux 11 I Could Hang Anything You can Bring Before Me : England s Willing Executioners in Greg T. Smith Index 309

7 List of Plates and Tables Plates 1.1 Penitential whipping Riding backwards: the punishment of Dr John London and William Simons, The pillory: the punishment of Robert Ockham, Judicial whipping Beating with rods: Bishop Bonner whips a protestant suspect, Christopher Atkinson in the pillory, The manner of Whipping at the Carts Tayle For petty Larceny and Offences Daniel Defoe on the pillory (c ) 246 Tables 6.1 Titles containing specified keywords per each 25-year period Whipping sentences in London and urban Middlesex, (annual averages) Sex of convicts whipped by location of whipping Responses of crowds to those placed on the pillory in eighteenth-century London Capital punishment at the Old Bailey (excluding murder), Numbers executed on individual hanging days at the Old Bailey, vii

8 Notes on the Contributors Simon Devereaux is Lecturer in History at the University of Queensland, Australia. He is the co-editor of Criminal Justice in the Old World and the New (Toronto University Press, 1998), and his monograph Convicts and the State: Criminal Justice and English Governance, , is forthcoming from Palgrave. J.R. Dickinson took his BA and PhD in History at the University of Liverpool. He has worked on a number of research projects, including two major projects with J.A. Sharpe, the first on crime, litigation and the courts in the Isle of Man c , and the second on a regional study of violence in England, He has published articles on the history of the early modern Isle of Man, and is the author of The Lordship of Man under the Stanleys: Government and Economy in the Isle of Man, (Cheetham Society, 1996). His future projects include acting as a volume editor for the New History of the Isle of Man. Paul Griffiths is an Assistant Professor at Iowa State University and was a fellow at The National Humanities Centre, North Carolina, He is the author of Youth and Authority: Formative Experiences in England, (Oxford University Press, 1996), and co-editor of The Experience of Authority in Early Modern England (Macmillan, 1996) and Londinopolis: Essays in the Cultural and Social History of Early Modern London (Manchester University Press, 2000). He is currently preparing Lost Londons: Crime, Control, and Change in the Capital City, for publication. Cynthia Herrup is Professor of History and Law at Duke University. She is the former editor of the Journal of British Studies as well as the author of The Common Peace: Participation and the Criminal Law in Seventeenth-Century England (Cambridge, 1987), and of A House in Gross Disorder: Sex, Law and the 2nd Earl of Castlehaven (Oxford University Press, 1999). She is currently completing a study of pardoning in seventeenth-century England. Martin Ingram is a Fellow, Tutor and University Lecturer in Modern History at Brasenose College, Oxford. His publications include Church Courts, Sex and Marriage in England, (Cambridge University Press, 1987), and numerous articles on crime and the law, sex and marriage, religion and popular customs. He has also published on the history of climate. Randall McGowen is Professor of History at the University of Oregon. He is co-author with Donna Andrew of The Perreaus and Mrs. Rudd: Forgery and viii

9 Notes on the Contributors ix Betrayal in Eighteenth-Century England (California University Press, 2002), and he has written many articles on the death penalty and the criminal law in eighteenth- and nineteenth-century England. Mark Rigstad received his PhD from Johns Hopkins University in 2001, and he is currently Assistant Professor of Philosophy at Oakland University. He is currently completing a book about natural law theory in seventeenth- and eighteenth-century British political thought. Philippe Rosenberg teaches in the programme in Cultures, Civilizations and Ideas at Bilkent University in Ankara. He was a postdoctoral fellow at the Center for Humanistic Inquiry at Emory University, Atlanta, GA, and a Visiting Assistant Professor in the Department of History, He is completing a book entitled Negative Enlightenment: Cruelty, Polemics, and Restraint in the British Isles, Katherine Royer is an Assistant Professor of History at California State University, Stanislaus. She is currently working on a book on capital punishment in late medieval and early modern England. She has also written on the rhetorical construction of disease, published an article in the Archives of Internal Medicine on renal disease, and practiced medicine for over a decade. J.A. Sharpe is Professor of History at the University of York. He has published extensively on the history of crime and punishment and, more recently, on the history of witchcraft in early modern England. His current research interests include further work on these topics, on the legal history of the Isle of Man in the early modern period, and the Dick Turpin legend. He is also author of Early Modern England: A Social History, (Edward Arnold, 2nd edn, 1997). R.S. Shoemaker is Reader in History at the University of Sheffield. He is the author of Prosecution and Punishment: Petty Crime and the Law in London and Rural Middlesex, c (Cambridge University Press, 1991), and Gender in English Society, : The Emergence of Separate Spheres? (Longman, 1998), and is currently working on a study of public conflict in eighteenthcentury London, The Rise and Fall of the London Mob. He is also co-director of the Old Bailey Proceedings Online project org. Greg T. Smith is an Assistant Professor of History at the University of Manitoba. He completed graduate studies at the University of Toronto, after which he held a SSHRC Postdoctoral Fellowship at the University of Guelph. He is the co-editor of Criminal Justice in the Old World and the New (Toronto University Press, 1998), and is currently completing a monograph entitled Violence and the London Metropolis,

10 List of Abbreviations AHR BIHR BL BODL C&C CJH CLRO DRO HER GL HJ HL JBS LMA P&P PRO SH SP STC TRHS American Historical Review Borthwick Institute of Historical Research, York British Library Bodleian Library, Oxford Continuity and Change Criminal Justice History Corporation of London Record Office Devon Record Office, Exeter English Historical Review Guildhall Library, London The Historical Journal Huntington Library, San Marino Journal of British Studies London Metropolitan Archive Past and Present Public Record Office, London Social History State Papers Short Title Catalogue Transactions of the Royal Historical Society x