The very
reverse was the case. The punishment for sodomy, when completely effected,
was death, and it was frequently inflicted. Homosexual intercourse,
without evidence of penetration, was regarded as "attempt" and was usually
punished by the pillory and a heavy fine, followed by two years'
imprisonment. Moreover, it would appear that more activity was shown by
the police in prosecution than is nowadays the case; this is, for
instance, suggested by the evidence of the detective already quoted.
To keep a homosexual resort was also a severely punishable offense. Mother
Clap was charged at the Old Bailey in 1726 with "keeping a sodomitical
house"; she protested that she could not herself 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.
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