The
court records do not give details of his crime; however, some of the
papers for his individual case survive. These, although damaged, make it
clear that he was accused of repeatedly committing the ‘detestable
sodomitical sin against human nature’ with other men for a period of 14
years.
The surviving records give details of the accusations made against him
with notes of his responses to these statements. Although he began by
denying all the charges, he did confess that he had in the past admitted
committing this ‘sin’ and had performed public penance for it. This
meant that he had to walk in procession around the church at Over
Poppleton and the church of St Mary Bishophill in York, dressed in a
sheet. This would have taken place during the weekly church service so
many people would have seen him and known he was performing penance.
The accusations were backed by the accounts of witnesses, which would
have been read after the accusations were made. They were encouraged to
give an account of any relevant information, which was copied down. In
the 14th and 15th centuries, these accounts would have been translated
into Latin for presentation in court. By the 16th century when this case
was heard more written accounts were being produced in English. In this
case the accounts waver between the two languages, with a few words in
Latin followed by some in English. These witness accounts are badly
damaged, breaking up the narrative, but it is still possible to get a
sense of these men’s stories.
The were five witnesses: Ralph Falowfeld, Francis Mane, Robert Hay,
George Browne and Robert Carrok. There is a note that the first three
witnesses appeared on 15 January and the final two on 16 January – the
year is missing but must have been 1517 from other evidence.
It
is not known how this case was resolved: the court book shows that it
continued in the court for several months but we have no record of a
sentence given.
The
Church Courts could provide very little in the way of punishment and
the strongest sentence which it could have passed would have been one of
excommunication. This would have involved refusing Edward Hewitson the
right to enter a church, and perhaps isolating him in his village so
that he was not spoken to by his neighbours. If Edward repented and
performed a penance these bans would have been lifted.
Edward
was fortunate: from 1533 sodomy became a crime which could be tried by
the secular courts and those convicted were hanged.
See also:
http://www.york.ac.uk/library/borthwick/projects-exhibitions/equality/lgbt/edward-hewitson/