SOME ANCIENT METHODS OF PUNISHMENT IN MASSACHUSETTS.

Scarcely anything indicates so accurately the predominant traits and

condition of a people at any given period, as do the laws by which they

are governed and the mode in which those laws are administered. Hence,

in studying the early history of Massachusetts much important aid may

be derived from the records of the courts and magistrates of that time.

These give us a tolerable correct idea of the laws then in force which

were designed to regulate the conduct of men in the various relations of

life and show what was the practical administration of those laws. This

is quite as true (perhaps more so), of the laws concerning what may be

termed minor offences or breaches of social duty, for which men were held

legally accountable, as it is of the graver crimes.

Some of the laws relating to this class of minor offences have undergone

changes within the last two hundred years, particularly since our

separation from the Mother Country.

These changes have been not so much in regard to the nature and

description of the offence itself, as in regard to the penalty. They

have in Massachusetts at the present time, and have had ever since the

American Revolution, laws against drunkenness, vagrancy, petty larceny,

libel and slander, profane cursing and swearing, Sabbath breaking,

unlawful games or plays, lewdness, common railing and brawling, and

idle and disorderly conduct generally. Our Colonial ancestors had laws

substantially like those in force so far as relates to the offences

themselves.

In fact, the present statutes on these subjects are many of them copies

of the provincial statutes. But the penalties are quite different. They

now punish breaching of these laws by a small fine or by imprisonment for

a short term, or by both. For similar breaches of the statute and common

law in the early history of Massachusetts some very different penalties

were provided. These were actually enforced in frequent instances, which

is hardly true of similar cases at the present day.

The Magistrates and Courts that administered the laws in Massachusetts

during the first century and a half after its settlement were full

believers in the propriety and efficacy of corporal punishment for a

certain class of transgressions. Having based their criminal code largely

upon that of Moses, they were well persuaded that, if in no case they

exceeded the Hebrew limit of forty stripes, they would have the Divine

sanction. With this illustrious precedent constantly in view as a rule

of action, they did not hesitate to apply the rod whenever it seemed

to them appropriate and adequate penalty for the offence. Crimes of a

graver character were dealt with by tribunals of larger jurisdiction and

punished by imprisonment or death. But for a large class of misdemeanors,

particularly such as were considered scandalous or tending to disorder

and of evil example, the rod was a very frequent instrument of punishment.

It was a matter within the discretion of the Magistrate to some extent.

This office was held by William Pynehon, of Springfield, Mass., for the

first eleven years, afterwards for half a century by John Pynehon and

his associates. In awarding this punishment of whipping little regard

seems to have been paid by the court to the sex or social position of

the offender. If the infliction of the penalty tended to disgrace the

culprit, the commission of the offence was in itself disgraceful. The

degrading punishment was regarded the just and proper sequence of the

disgraceful crime.

The constable was the officer by whom the sentence was executed, and the

public whipping post was the place. The time was sometimes the day on

which the court was held. Occasionally, the day of the weekly religious

lecture was designated as the time for the infliction.

Sometimes whipping was an alternative sentence to be inflicted if the

offender failed to pay his fine. Often it was the only punishment awarded.

Some instances will be given, taken from the records—most of them are

from the Pynehon record, containing cases tried by William Pynehon as a

Magistrate, and cases tried by his son, John Pynehon, in connection with

Eleziar Holyoke and Dr. Samuel Chapin who were commissioners appointed by

the General Court.

The National Magazine, Vol. XV, No. 1, November 1891 · 第 28 / 51 题