SEC. 2. And be it further enacted by the authority aforesaid, that
whosoever shall be convicted of assaulting or offering any insolence or
violence to any woman or mankind in the fields, streets or lanes in any
town, or of despoiling them, damnifying or defacing of their attire or
ornaments, or attempting the same, shall be punished by being publickly
whipped, not exceeding two stripes, or by being committed to the house of
correction to receive the discipline of the house and continue there by
the space of thirty days.
The discipline of the house by a law passed in 1699, included among
other things, “moderate whipping not exceeding ten stripes at once,
which shall be inflicted at their first coming in and from time to time,
in case they be stubborn, disorderly or idle.”
(At a Court holden at Northampton, June 19, 1672, John Edwards, of
Northampton, who came to that place from Virginia, was tried for some
misdemeanor in lascivious carriage towards divers women of Northampton,
and the case being searched into. It is found and proved yt the sd
Edwards hath been notoriously lascivious and hath carried himself very
debauchedly towards diverse women of N (as by test on file appears) and
yt he hathe traded? this way:)
“The Courte doth adjudge him to be whipt on ye naked body with 20 stripes
well laid on.”
A different case with a different penalty is this. At a County Corte
holden at Northampton, March 31, 1674.
“Martin Smith, resident at Pacomtuck, being bound over to this Corte by
N. Comiss: for offering abuse to Jedidiak Strong’s wife (in ye street
near her father Woodwards house) laying hold on her to kiss her as shee
thinks, and she testifying her offence to be soe affronted whereby shee
sayth also shee was somewhat affrighted; he appearing in Corte and owning
his fact and condemning himself and seeming sorrowful that he should be
left to such folly, was fyned only 20s. to be pd to ye Treasurer and 2s.
and 6d. as ye Recorder’s fees.”
SITTING IN THE STOCKS was a mode of punishment for certain offences to
which persons of either sex were sometimes subjected. Occasionally it was
ordered as an alternative sentence in a case where the culprit failed to
pay the fine imposed.
Webster’s Unabridged describes the stocks as a machine consisting of a
frame of timber, with holes in which the feet, or the feet and hands
of the criminals were confined by way of punishment. The picture gives
a much better idea of this punishment than can be gained from the
definition. The offender sits on a bench with a high back, his feet
projecting through two holes in an upright plank in front secured so that
they cannot be withdrawn or moved. In this situation he can neither lie
down or stand up, but must remain fixed until released. The stocks were
usually located in some public place where the culprit could be seen by
all passers by—and not seldom he was subjected to the taunts and ridicule
of the crowd that were sure to gather on such an occasion.
PROFANE CURSING AND SWEARING was one of the offences subjecting the
transgressor to the punishment of the stocks.