Stocks were used, at an early period,
as a means of punishing breakers of the law.
The precise date when they were first employed in this
country is not known, but we may infer from early mediaeval
illustrations that the stocks were in general use
amongst the Anglo-Saxons, for they often figure in
drawings of their public places. The picture we
here give is from the Harleian MSS., N.
The stocks were usually placed by the side of the
public road, at the entrance of a town. It will
be observed that two offenders are fastened to the
columns of a public building by means of a rope or
chain. It has been suggested that it is a court-house.
The “Cambridge Trinity College
Psalter” an illuminated manuscript presents
some curious illustrations of the manners of the earlier
half of the twelfth century. We give a reproduction
of one of its quaint pictures. Two men are in
the stocks; one, it will be seen, is held by one leg
only, and the other by both, and a couple of persons
are taunting them in their time of trouble.
Stocks were not only used as a mode
of punishment, but as means of securing offenders.
In bygone times, every vill of common right was compelled
to erect a pair of stocks at its own expense.
The constable by common law might place persons in
the stocks to keep them in hold, but not by way of
punishment.
We gather from an Act passed during
the reign of Edward III., in the year 1351, and known
as the Second Statute of Labourers, that if artificers
were unruly they were liable to be placed in the stocks.
Some years later, namely, in 1376, the Commons prayed
that the stocks might be established in every village.
In 1405, an Act was passed for every town and village
to be provided with a pair of stocks, so that a place
which had not this instrument of punishment and detention
was regarded as a hamlet. No village was considered
to be complete, or even worthy of the name of village,
without its stocks, so essential to due order and
government were they deemed to be. A Shropshire
historian, speaking of a hamlet called Hulston, in
the township of Middle, in order, apparently, to prove
that in calling the place a hamlet and not a village
he was speaking correctly, remarks in proof of his
assertion, that Hulston did not then, or ever before, possess a constable, a
pound, or stocks.
Wynkyn de Worde, who, in company with
Richard Pynsent, succeeded to Caxton’s printing
business, in the year 1491, issued from his press the
play of “Hick Scorner,” and in one of the
scenes the stocks are introduced. The works of
Shakespeare include numerous allusions to this subject.
Launce, in “The Two Gentlemen of Verona”
(I, says: “I have sat in the stocks
for puddings he hath stolen.” In “All’s
Well that Ends Well” (I, Bertram says:
“Come, bring forth this counterfeit module has
deceived me, like a double-meaning prophesier.”
Whereupon one of the French lords adds: “Bring
him forth; has sat i’ stocks all night, poor
gallant knave.” Volumnia says of Coriolanus
:
“There’s
no man in the world
More bound to’s mother; yet here let me
prate
Like one i’ the stocks.”
Again, in the “Comedy of Errors”
(II, Luce speaks of “a pair of stocks in
the town,” and in “King Lear” (I, Cornwall, referring to Kent, says:
“Fetch forth the
stocks!
You stubborn ancient knave.”
It would seem that formerly, in great houses, as in some
colleges, there were movable stocks for the correction of the servants.
In Butler’s “Hudibras”
are allusions to the stocks. Says the poet:
“An old dull sot, who toll’d
the clock
For many years at Bridewell-dock;
. . .
Engaged the constable to seize
All those that would not break the peace;
Let out the stocks and whipping-post,
And cage, to those that gave him most.”
We are enabled, by the kindness of
Mr. Austin Dobson, author of “Thomas Bewick
and his 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, 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. Vagrants were
in former times often put in the stocks, and Canning’s
“Needy Knife-Grinder” was taken for one,
and punished.
In a valuable work mainly dealing
with 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.
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 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 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 about
Did 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
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 the Shrewsbury Chronicle of 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
the Leeds 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 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 in Notes and Queries, 4th series,
vol. x., : “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 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 stocks 2 0
March 27th, 1739. For mending stocks wood and iron work 9 6
July 12th, 1756. For pillory and stocks renewing 3 6
March 25th, 1776. Paid John Lambert for repairing the stocks 5 6
March 25th, 1776. Paid Christ. Brown for repairing the stocks 4 6
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,
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." 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.
“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 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.