Anglo-Saxon law was customary, and never collected in written form. In this
period, whipping was one of the normal punishments for most offenses and
payments for whippings appear in the accounts of many cities. The criminals
were usually flogged on the back with a whip with three knotted cords. The
whippings were reserved to the villains, and were never used on freemen.
Whippings were used also in servants for domestic misbehavior.

In more recent times, in 1530, Henry VIII passed what was known as the Whipping
act, which seems to be the first written law mentioning the whip, where vagrants
were to be “tied to the end of a cart naked and beaten with whips throughout
such market town till the body shall be bloody”. The cart traveled around the
town or even between nearby towns, stopping at important points (the market, in
front of the church, at the city hall) in each of which the delinquent received
a dose of the whip.
From the reign of Elizabeth I, in 1597, culprits were only
required to be naked from the waist up. This was also the period in which the
whipping post, usually installed on a public and prominent place, as the market
square, or in front of the church, began replacing the cart’s tail.
Which was a punishable crime varied as the uses varied. Mothers of illegitimate
children (and the reputed father) were whipped, as unfaithful women and
prostitutes were. The whip punished also lesser crimes, as petty larceny.
Serious crimes were punishable by death, or transportation to the colonies
(usually Australia, but the US was also used). Also peddlers, who damaged the
commerce of established shopkeepers, were whipped. The sick were flogged as
whippings were reputed as a therapy for many diseases.
Women were flogged as often as men were. A woman considered an old offender was
taken from the Clerkenwell Bridewell to Enfield and there publicly whipped at
the cart’s tail by the common hangman for cutting wood in Enfield Chase.
There is the famous case of Mary Hamilton, alias George Hamilton, alias William
Hamilton in 1746. This woman, disguised as a man, married fourteen women, until
the last one, talking with some neighbors “compared certain circumstances” and
realized her spouse had indulged in “vile and deceitful practices” (it seems
that women had not too much sexual or anatomy’s knowledge then). The judges said
“that he, she, prisoner at the bar, is an uncommon notorious cheat; and we, the
Court, do sentence her or him, whichever he or she may be, to be imprisoned for
six months, and during that time to be whipped in the towns of Taunton,
Glastonbury, Wells and Shipton Mallet (four market towns)”. And she or he (it
seems that the Court was not better in anatomy than the women) was thoroughly
whipped.
The notoriously cruel Judge Jeffreys (probably a sadist that profited from his
position to indulge in his sexual inclinations) in so sentencing a female
prisoner, is reported to have exclaimed “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” (but he was a man of good reputation, and was created Baron Jeffreys of Wem in 1685).
The punishments were always public, to humiliate the culprit (most people on
small towns knew one another personally) and as a deterrent for the onlookers.
In larger towns huge crowds were attracted to the whippings, which were a
public entertainment. From the 1720s, courts began to distinguish between
private whipping, which took place inside or immediately outside the prisons, in
London at Newgate Prison or the Old Bailey, and public whipping at the cart tail
or whipping post.
At the prisons criminals were flogged at the block that had a pillory like bar to hold the hands, and a box to restrain the legs of the prisoner. This is Newgate's block


But even when public whippings went out of fashion, London gentlemen (and some
ladies also) had as a pastime going to the Bridewell women’s prison on
Wednesdays to see the prisoners stripped to the waist up, tied to the post and
whipped.
Finally, a statute of 1791 abolished whipping female vagrants, and in 1820 the
Whipping of Female Offenders Abolition Act was passed, which ended the
punishment of females by whipping.
The last man was whipped at the cart tail at Glasgow on 8th May, 1822, shortly
after all public flogging were abolished.
The corporal punishment in prisons continued for a long time, with whips and
birch rods. The infliction of corporal punishments was severely limited by the
Criminal Justice Act of 1948 and was abolished in 1967. The last prison flogging
seems to have being given in 1962.
Even when punishment for erotic purposes is universal, we, as a site for
consensual spankings, cannot talk on whippings in England without mentioning
what the French call the “vice anglais”.
The first mostly pornographic work on the subject of flagellation, even when
presented as a book on medicine, was published in England. I was a book called
“A Treatise on the use of Flogging in Medicine and Venery” published in 1718, a
translation of one written in Latin by one Johann Heinrich Meibom "De
Flagrorum Usu in Re Veneria & Lumborum Renumque Officio" (1590–1655).
It explained at length and defended the flagellation with sexual purposes. It
made sexual floggings fashionable all over Europe and marked the English as the
experts on the subject.
And even when what we now call BDSM was enjoyed everywhere and always, in the
nineteenth century there were in England many brothels specialized in
flagellation, of which the most famous was one of a Mrs. Theresa Berkley (or
Berkeley) of 28 Charlotte Street. She not only made a fortune on the business,
but also invented a flogging ladder, the “Berkley horse”.

Men went to these brothels for being flogged, the most popular flogging
instruments being the same used to correct schoolchildren and criminals, the
birch rod, the cane and the whips. It seems that enjoying floggings for sexual
reasons was considered somewhat deviant, but not sick.
Published: 01/17/07
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