elf have taken part in these
practices, but that availed her nothing; she could bring forward no
witnesses on her behalf and was condemned to pay a fine, to stand in the
pillory, and to undergo imprisonment for two years. The cases were dealt
with in a matter-of-fact way which seems to bear further witness to the
frequency of the offense, and with no effort to expend any specially
vindictive harshness on this class of offenders. If there was the
slightest doubt as to the facts, even though the balance of evidence was
against the accused, he was usually acquitted, and the man who could bring
witnesses to his general good character might often thereby escape. In
1721 a religious young man, married, was convicted of attempting sodomy
with two young men he slept with; he was fined, placed in the pillory and
imprisoned for two months. Next year a man was acquitted on a similar
charge, and another man, of decent aspect, although the evidence indicated
that he might have been guilty of sodomy, was only convicted of attempt,
and sentenced to fine, pillory, and two years' imprisonment. In 1723,
again, a schoolmaster was acquitted, on account of his good reputation, of
the charge of attempt on a boy of 15, his pupil, though the evidence
seemed decidedly against him. In 1730 a man was sentenced to death for
sodomy effected on his young apprentice; this was a bad case and the
surgeon's evidence indicated laceration of the perineum. Homosexuality of
all kinds flourished, it will be seen, notwithstanding the fearless yet
fair application of a very severe law.[89]
In more recent times Byron has frequently been referred to as experiencing
homosexual affections, and I have been informed that some of his poems
nominally addressed to women were really inspired by men. It is certain
that he experienced very strong emotions toward his male friends. "My
school-friendships," he wrote, "were with me passions." When he afterward
met one of these friends, Lord Clare, in Italy, he was painfully agitated;
and could never hear the name without a beating of the heart. At the age
of 22 he formed one of his strong attachments for a youth to whom he left
L7000 in his will.[90] It is probable, however, that here, as well as in
the case of Shakespeare, and in that of Tennyson's love for his youthful
friend, Arthur Hallam, as well as of Montaigne for Etienne de la Boetie,
although such strong friendships may involve an element of sexual emotion,
we have n
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