In 1633 it was ordered that a ducking-stool be built in ever

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Curious Punishments of Bygone Days

[Illustration: The Drunkards Cloak.]

_Curious_ Punishments

_of_

Bygone Days,

_by_

Alice Morse Earle.

The Illustrations

BY FRANK HAZENPLUG

_Loompanics Unlimited

Port Townsend, Washington_

_Originally published 1896_

_Reprinted by

Loompanics Unlimited_

ISBN 0-915179-53-9

Library of Congress Catalog

Card Number 86-082642

The Contents

I THE BILBOES 1

II THE DUCKING STOOL 11

III THE STOCKS 29

IV THE PILLORY 44

V PUNISHMENTS OF AUTHORS AND BOOKS 57

VI THE WHIPPING-POST 70

VII THE SCARLET LETTER 86

VIII BRANKS AND GAGS 96

IX PUBLIC PENANCE 106

X MILITARY PUNISHMENTS 119

XI BRANDING AND MAIMING 138

_FOREWORD._

_In ransacking old court records, newspapers, diaries and letters for

the historic foundation of the books which I have written on colonial

history, I have found and noted much of interest that has not been used

or referred to in any of those books. An accumulation of notes on

old-time laws, punishments and penalties has evoked this volume. The

subject is not a pleasant one, though it often has a humorous element;

but a punishment that is obsolete gains an interest and dignity from

antiquity and its history becomes endurable because it has a past only

and no future. That men were pilloried and women ducked by our

law-abiding forbears rouses a thrill of hot indignation which dies down

into a dull ember of curiosity when we reflect that they will never be

pilloried or ducked again._

_An old-time writer dedicated his book to "All curious and ingenious

gentlemen and gentlewomen who can gain from acts of the past a delight

in the present days of virtue, wisdom and the humanities." It does not

detract from the good intent and complacency of these old words that the

writer lived in the days when the pillory, stocks and whipping-post

stood brutally rampant in every English village._

_Now, we also boast that, as Pope says:_

_"Taught by time our hearts have learned to glow

For others' good, and melt for others' woe."_

_And I too dedicate this book to all curious and ingenious gentlemen and

gentlewomen of our own days of virtue, wisdom and the humanities; and I

trust any chance reader a century hence--if such reader there be--may in

turn be not too harsh in judgment on an age that had to form powerful

societies and associations to prevent cruelty--not to hardened and

vicious criminals--but to faithful animals and innocent children._

[Illustration: Laying by the heels in the Bilboes.]

_Curious_ Punishments _of_ Bygone Days

I

THE BILBOES

There is no doubt that our far-away grandfathers, whether of English,

French, Dutch, Scotch or Irish blood, were much more afraid of ridicule

than they were even of sinning, and far more than we are of extreme

derision or mockery to-day. This fear and sensitiveness they showed in

many ways. They were vastly touchy and resentful about being called

opprobrious or bantering names; often running petulantly to the court

about it and seeking redress by prosecution of the offender. And they

were forever bringing suits in petty slander and libel cases. Colonial

court-rooms "bubbled over with scandal and gossip and spite." A creature

as obsolete as his name, a "makebayt," was ever-present in the

community, ever whispering slander, ever exciting contention, and often

also haled to court for punishment; while his opposite, a make-peace,

was everywhere sadly needed. Far-seeing magistrates declared against the

make-bait, as even guilty of stirring up barratry, or as Judge Sewall,

the old Boston Puritan termed it, at least "gravaminous."

Equally with personal libel did all good citizens and all good

Christians fiercely resent of word, not only of derision or satire, but

even of dispassionate disapproval of either government or church. A

tithe of the plain-speaking criticism cheerfully endured in politics

to-day would have provoked a civil war two centuries ago; while freedom

of judgment or expression in religious matters was ever sharply silenced

and punished in New England.

That ultra-sensitiveness which made a lampoon, a jeer, a scoff, a taunt,

an unbearable and inflaming offence, was of equal force when used

against the men of the day in punishment for real crimes and offenses.

In many--indeed, in nearly all--of the penalties and punishments of past

centuries, derision, scoffing, contemptuous publicity and personal

obloquy were applied to the offender or criminal by means of demeaning,

degrading and helpless exposure in grotesque, insulting and painful

"engines of punishment," such as the stocks, bilboes, pillory, brank,

ducking-stool or jougs. Thus confined and exposed to the free gibes and

constant mocking of the whole community, the peculiar power of the

punishment was accented. Kindred in their nature and in their force were

the punishments of setting on the gallows and of branding; the latter,

whether in permanent form by searing the flesh, or by mutilation; or

temporarily, by labeling with written placards or affixed initials.

One of the earliest of these degrading engines of confinement for public

exposure, to be used in punishment in this country, was the bilboes.

Though this instrument to "punyssche transgressours ageynste ye Kinges

Maiesties lawes" came from old England, it was by tradition derived from

Bilboa. It is alleged that bilboes were manufactured there and shipped

on board the Spanish Armada in large numbers to shackle the English

prisoners so confidently expected to be captured. This occasion may have

given them their wide popularity and employment; but this happened in

1588, and in the first volume of _Hakluyt's Voyages_, page 295, dating

some years earlier, reference is made to bilbous.

They were a simple but effective restraint; a long heavy bolt or bar of

iron having two sliding shackles, something like handcuffs, and a lock.

In these shackles were thrust the legs of offenders or criminals, who

were then locked in with a padlock. Sometimes a chain at one end of the

bilboes attached both bilboes and prisoner to the floor or wall; but

this was superfluous, as the iron bar prevented locomotion. Whether the

Spanish Armada story is true or not, bilboes were certainly much used on

board ship. Shakespeare says in _Hamlet_: "Methought I lay worse than

the mutines in the bilboes." In _Cook's Voyages_ and other sea-tales we

read of "bilboo-bolts" on sailors.

The Massachusetts magistrates brought bilboes from England as a means of

punishing refractory or sinning colonists, and they were soon in

constant use. In the very oldest court records, which are still

preserved, of the settlement of Boston--the Bay colony--appear the

frequent sentences of offenders to be placed in the bilboes. The

earliest entry is in the authorized record of the Court held at Boston

on the 7th of August, 1632. It reads thus: "Jams Woodward shall be sett

in the bilbowes for being drunk at the Newe-towne." "Newe-towne" was the

old name of Cambridge. Soon another colonist felt the bilboes for

"selling peeces and powder and shott to the Indians," ever a

bitterly-abhorred and fiercely-punished crime. And another, the same

year, for threatening--were he punished--he would carry the case to

England, was summarily and fearlessly thrust into the bilboes.

Then troublesome Thomas Dexter, with his ever-ready tongue, was hauled

up and tried on March 4, 1633. Here is his sentence:

"Thomas Dexter shal be sett in the bilbowes, disfranchized, and fyned

L15 for speking rpchfull and seditious words agt the government here

established." He also suffered in the bilboes for cursing, for

"prophane saying dam ye come." Thomas Morton of Mare-Mount, that

amusing old debauchee and roysterer, was sentenced to be "clapt into the

bilbowes." And he says "the harmeles salvages" stared at him in wonder

"like poore silly lambes" as he endured his punishment, and doubtless

some of "the Indesses, gay lasses in beaver coats" who had danced with

him around his merry Maypole and had partaken of his cask of "claret

sparkling neat" sympathized with him and cheered him in his indignity.

The next year another Newe-towne man, being penitent, Henry Bright, was

set in the bilboes for "swearynge." Another had "sleited the magistrates

in speaches." In 1635, on April 7, Griffin Montagne "shal be sett in ye

bilbowes for stealing boards and clapboards and enjoyned to move his

habitacon." Within a year we find offenders being punished in two places

for the same offence, thus degrading them far and wide; and when in

Salem they were "sett in the stockes," we find always in Boston that the

bilboes claimed its own. Women suffered this punishment as well as men.

Francis Weston's wife and others were set in the bilboes.

It is high noon in Boston in the year 1638. The hot June sun beats down

on the little town, the narrow paths, the wharfs; and the sweet-fern and

cedars on the common give forth a pungent dry hot scent that is wafted

down to the square where stands the Governor's house, the market, the

church, the homes of the gentlefolk. A crowd is gathered there around

some interesting object in the middle of the square; visitors from

Newe-towne and Salem, Puritan women and children, tawny Indian braves in

wampum and war-paint, gaily dressed sailors from two great ships lying

at anchor in the bay--all staring and whispering, or jeering and biting

the thumb. They are gathered around a Puritan soldier, garbed in

trappings of military bravery, yet in but sorry plight. For it is

training day in the Bay colony, and in spite of the long prayer with

which the day's review began, or perhaps before that pious opening

prayer, Serjeant John Evins has drunken too freely of old Sack or

Alicant, and the hot sun and the sweet wine have sent him reeling from

the ranks in disgrace. There he sits, sweltering in his great coat

"basted with cotton-wool and thus made defensive ag't Indian arrowes;"

weighed down with his tin armor, a heavy corselet covering his body, a

stiff gorget guarding his throat, clumsy tasses protecting his thighs,

all these "neatly varnished black," and costing twenty-four shillings

apiece of the town's money. Over his shoulder hangs another weight, his

bandelier, a strong "neat's leather" belt, carrying twelve boxes of

solid cartridges and a well-filled bullet-bag; and over all and heavier

than all hangs from his neck--as of lead--the great letter D. Still from

his wrist dangles his wooden gun-rest, but his "bastard musket with a

snaphance" lies with his pike degraded in the dust.

The serjeant does not move at the jeers of the sailors, nor turn away

from the wondering stare of the savages--he cannot move, he cannot turn

away, for his legs are firmly set in the strong iron bilboes which John

Winthrop sternly brought from England to the new land. Poor John Evins!

Your head aches from the fumes of the cloying sack, your legs ache from

the bonds of the clogging bilboes, your body aches from the clamps of

your trumpery armor, but you will have to sit there in distress and in

obloquy till acerb old John Norton, the pious Puritan preacher, will

come "to chide" you, as is his wont, to point out to your

fellow-citizens and to visitors your sinful fall, the disgracing

bilboes, and the great letter that brands you as a drunkard.

The decade of life of the Boston bilboes was soon to end, it was to be

"laid flat," as Sir Matthew Hale would say; a rival entered the field.

In 1639 Edward Palmer made for Boston with "planks and woodwork," a pair

of stocks.

Planks and woodwork were plentiful everywhere in the new world, and iron

and ironworkers at first equally scarce; so stocks soon were seen in

every town, and the bilboes were disused, sold perhaps for old iron,

wherein they again did good service. In Virginia the bilboes had a short

term of use in the earliest years of the settlement; the Provost-marshal

had a fee of ten shillings for "laying by the heels;" and he was

frequently employed; but there, also, stocks and pillory proved easier

of construction and attainment.

I would not be over-severe upon the bilboes in their special use in

those early colonial settlements. There had to be some means of

restraint of vicious and lawless folk, of hindering public nuisances,

and a prison could not be built in a day; the bilboes seemed an easy

settlement of the difficulty, doing effectually with one iron bar what a

prison cell does with many. It was not their use, but their glare of

publicity that was offensive. They were ever placed on offenders in the

marketplace, in front of the meeting house on lecture day, on market

day; not to keep prisoners in lonely captivity but in public obloquy;

and as has here been cited, for what appear to us to-day slight

offenses.

[Illustration: The Ducking-Stool]

II

THE DUCKING STOOL

The ducking stool seems to have been placed on the lowest and most

contempt-bearing stage among English instruments of punishment. The

pillory and stocks, the gibbet, and even the whipping-post, have seen

many a noble victim, many a martyr. But I cannot think any save the most

ignoble criminals ever sat in a ducking-stool. In all the degrading and

cruel indignities offered the many political and religious offenders in

England under the varying rules of both church and state, through the

fifteenth, sixteenth and seventeenth centuries, the ducking-stool played

no part and secured no victims. It was an engine of punishment specially

assigned to scolding women; though sometimes kindred offenders, such as

slanderers, "makebayts," "chyderers," brawlers, railers, and women of

light carriage also suffered through it. Though gruff old Sam Johnson

said to a gentle Quaker lady: "Madam, we have different modes of

restraining evil--stocks for men, a ducking-stool for women, and a pound

for beasts;" yet men as well as women-scolds were punished by being set

in the ducking-stool, and quarrelsome married couples were ducked, tied

back-to-back. The last person set in the Rugby ducking-stool was a

brutal husband who had beaten his wife. Brewers of bad beer and bakers

of bad bread were deemed of sufficiently degraded ethical standing to be

ducked. Unruly paupers also were thus subdued.

That intelligent French traveler, Misson, who visited England about the

year 1700, and who left in his story of his travels so much valuable and

interesting information of the England of that day, gives this lucid

description of a ducking-stool:

"The way of punishing scolding women is pleasant enough. They fasten an

armchair to the end of two beams twelve or fifteen feet long, and

parallel to each other, so that these two pieces of wood with their two

ends embrace the chair, which hangs between them by a sort of axle, by

which means it plays freely, and always remains in the natural

horizontal position in which a chair should be, that a person may sit

conveniently in it, whether you raise it or let it down. They set up a

post on the bank of a pond or river, and over this post they lay, almost

in equilibrio, the two pieces of wood, at one end of which the chair

hangs just over the water. They place the woman in this chair and so

plunge her into the water as often as the sentence directs, in order to

cool her immoderate heat."

The adjectives pleasant and convenient as applied to a ducking-stool

would scarcely have entered the mind of any one but a Frenchman. Still

the chair itself was sometimes rudely ornamented. The Cambridge stool

was carved with devils laying hold of scolds. Others were painted with

appropriate devices such as a man and woman scolding. Two Plymouth

ducking-stools still preserved are of wrought iron of good design. The

Sandwich ducking-stool bore the motto:

"Of members ye tonge is worst or beste

An yll tonge oft doth breede unreste."

We read in Blackstone's _Commentaries_:

"A common scold may be indicted, and if convicted shall be sentenced to

be placed in a certain engine of correction called the trebucket,

castigatory, or ducking-stool."

The trebuchet, or trebucket, was a stationary and simple form of a

ducking machine consisting of a short post set at the water's edge with

a long beam resting on it like a see-saw; by a simple contrivance it

could be swung round parallel to the bank, and the culprit tied in the

chair affixed to one end. Then she could be swung out over the water and

see-sawed up and down into the water. When this machine was not in use,

it was secured to a stump or bolt in the ground by a padlock, because

when left free it proved too tempting and convenient an opportunity for

tormenting village children to duck each other.

A tumbrel, or scold's-cart, was a chair set on wheels and having very

long wagon-shafts, with a rope attached to them about two feet from the

end. When used it was wheeled into a pond backward, the long shafts were

suddenly tilted up, and the scold sent down in a backward plunge into

the water. When the ducking was accomplished, the tumbrel was drawn out

of the water by the ropes. Collinson says in his _History of

Somersetshire_, written in 1791: "In Shipton Mallet was anciently set up

a tumbrel for the correction of unquiet women." Other names for a like

engine were gumstool and coqueen-stool.

Many and manifold are the allusions to the ducking-stool in English

literature. In a volume called _Miscellaneous Poems_, written by

Benjamin West and published in 1780, is a descriptive poem entitled _The

Ducking-stool_, which runs thus:

"There stands, my friend, in yonder pool

An engine called the ducking-stool;

By legal power commanded down

The joy and terror of the town.

If jarring females kindle strife,

Give language foul, or lug the coif,

If noisy dames should once begin

To drive the house with horrid din,

Away, you cry, you'll grace the stool;

We'll teach you how your tongue to rule.

The fair offender fills the seat

In sullen pomp, profoundly great;

Down in the deep the stool descends,

But here, at first, we miss our ends;

She mounts again and rages more

Than ever vixen did before.

So, throwing water on the fire

Will make it but burn up the higher.

If so, my friend, pray let her take

A second turn into the lake,

And, rather than your patience lose,

Thrice and again repeat the dose.

No brawling wives, no furious wenches,

No fire so hot but water quenches."

In Scotland "flyting queans" sat in ignominy in cucking-stools. Bessie

Spens was admonished: "Gif she be found flyteing with any neighbour, man

or wife, and specially gains Jonet Arthe, she shall be put on the

cuck-stule and sit there twenty-four hours." A worthless fellow, Sande

Hay, "for troublance made upon Andro Watson, is discernit for his

demerits to be put in the cuck-stule, there to remain till four hours

after noon." The length of time of punishment--usually twenty-four

hours--would plainly show there was no attendant ducking; and this

cuck-stool, or cucking-stool, must not be confounded with the

ducking-stool, which dates to the days of Edward the Confessor. The

cuck-stool was simply a strong chair in which an offender was fastened,

thus to be hooted at or pelted at by the mob. Sometimes, when placed on

a tumbrel, it was used for ducking.

At the time of the colonization of America the ducking-stool was at the

height of its English reign; and apparently the amiability of the lower

classes was equally at ebb. The colonists brought their tempers to the

new land, and they brought their ducking-stools. Many minor and some

great historians of this country have called the ducking-stool a Puritan

punishment. I have never found in the hundreds of pages of court records

that I have examined a single entry of an execution of ducking in any

Puritan community; while in the "cavalier colonies," so called, in

Virginia and the Carolinas, and in Quaker Pennsylvania, many duckings

took place, and in law survived as long as similar punishments in

England.

In the Statute Books of Virginia from Dale's time onward many laws may

be found designed to silence idle tongues by ducking. One reads:

"Whereas oftentimes many brabling women often slander and scandalize

their neighbours, for which their poore husbands are often brought into

chargeable and vexatious suits and cast in great damages, be it enacted

that all women found guilty be sentenced to ducking."

Others dated 1662 are most explicit.

"The court in every county shall cause to be set up near a Court House a

Pillory, a pair of Stocks, a Whipping Post and a Ducking-Stool in such

place as they think convenient, which not being set up within six month

after the date of this act the said Court shall be fined 5,000 lbs. of

tobacco.

"In actions of slander caused by a man's wife, after judgment past for

damages, the woman shall be punished by Ducking, and if the slander be

such as the damages shall be adjudged as above 500 lbs. of Tobacco, then

the woman shall have ducking for every 500 lbs. of Tobacco adjudged

against the husband if he refuse to pay the Tobacco."

The fee of a sheriff or constable for ducking was twenty pounds of

tobacco.

_The American Historical Record_, Vol. I, gives a letter said to have

been written to Governor Endicott, of Massachusetts, in 1634, by one

Thomas Hartley, from Hungars Parish, Virginia. It gives a graphic

description of a ducking-stool, and an account of a ducking in Virginia.

I quote from it:

"The day afore yesterday at two of ye clock in ye afternoon I saw this

punishment given to one Betsey wife of John Tucker who by ye violence of

her tongue has made his house and ye neighborhood uncomfortable. She was

taken to ye pond near where I am sojourning by ye officer who was joined

by ye Magistrate and ye Minister Mr. Cotton who had frequently

admonished her and a large number of People. They had a machine for ye

purpose yt belongs to ye Parish, and which I was so told had been so

used three times this Summer. It is a platform with 4 small rollers or

wheels and two upright posts between which works a Lever by a Rope

fastened to its shorter or heavier end. At ye end of ye longer arm is

fixed a stool upon which sd Betsey was fastened by cords, her gown tied

fast around her feete. The Machine was then moved up to ye edge of ye

pond, ye Rope was slackened by ye officer and ye woman was allowed to go

down under ye water for ye space of half a minute. Betsey had a stout

stomach, and would not yield until she had allowed herself to be ducked

5 several times. At length she cried piteously, Let me go Let me go, by

God's help I'll sin no more. Then they drew back ye Machine, untied ye

Ropes and let her walk home in her wetted clothes a hopefully penitent

woman."

Bishop Meade, in his _Old Churches, Ministers and Families of Virginia_,

tells of a "scolding quean" who was ordered to be ducked three times

from the yard arm of a vessel lying in James River. A woman in

Northampton County, Virginia, suffered a peculiarly degrading punishment

for slander. In the lack of a ducking-stool she was "drawen ouer the

Kings Creeke at the starne of a boate or Canoux, also the next Saboth

day in the time of diuine seruise" was obliged to present herself before

the minister and congregation, and acknowledge her fault and beg

forgiveness. From the _Decisions of Virginia General Court_ now being

printed by the Virginia Historical Society, we learn of one Margaret

Jones that at a court held at "James-Citty" on the 12th of October,

1626: "for ye severall offences aforenamed, of ye said Margaret Jones,

yt Shee bee toughed or dragged at a boats Starne in ye River from ye

shoare unto the Margaret & John and thence unto the shoare againe."

Toughed would seem a truly appropriate word for this ordeal. The provost

marshal's fees decreed by this court at this time were ten shillings

"for punishing any _man_ by ducking."

In 1634 two women were sentenced to be either drawn from King's Creek

"from one Cowpen to another at the starn of a boat or kanew," or to

present themselves before the congregation and ask public forgiveness of

each other and God.

In 1633 it was ordered that a ducking-stool be built in every county in

Maryland, but I have no proof that they were ever built or used, though

it is probable they were. At a court-baron at St. Clements, the county

was prosecuted for not having one of these "public conveniences."

Half a century elapsed after the settlement of Massachusetts ere that

commonwealth ordered a ducking-stool. On the 15th of May, 1672, while

Richard Bellingham was Governor, the court at Massachusetts Bay passed

this law:

"Whereas there is no expresse punishment by any law hitherto established

affixed to the evill practise of sundry persons by exorbitancy of the

tonge in rayling and scolding, it is therefore ordered, that all such

persons convicted, before any Court or magistrate that hath propper

cognizance of the cause for rayling or scolding, shalbe gagged or sett

in a ducking stoole & dipt ouer head & eares three times in some

convenient place of fresh or salt water as the Court or magistrate shall

judge meete."

Governor Bellingham's sister was a notorious scold, who suffered death

as a witch.

John Dunton, writing from Boston in 1686, does not note the presence of

a ducking-stool, but says:

"Scolds they gag and set them at their own Doors for certain hours

together, for all comers and goers to gaze at; were this a Law in

England and well executed it wou'd in a little Time prove an Effectual

Remedy to cure the Noise that is in many Women's heads."

This was a law well-executed at the time in Scotland, though Dunton was

ignorant of it.

There are no entries to show that the law authorizing ducking ever was

executed in Massachusetts nor in Maine, where a dozen towns--Kittery,

York and others--were fined for "having no coucking-stool." It was

ordered on Long Island that every Court of Sessions should have a

ducking-stool; but nothing exists in their records to prove that the

order was ever executed, or any Long Island woman ducked; nor is there

proof that there was in New York city a ducking-stool, though orders

were issued for one; a Lutheran minister of that city excused himself

for striking a woman who angered him by her "scholding" because she was

not punished by law therefor.

Pennsylvania, mild with the thees and thous of non-belligerent Quakers,

did not escape scolding women. In 1708 the Common Council of

Philadelphia ordered a ducking-stool to be built. In 1718 it was still

lacking, and still desired, and still necessary.

"Whereas it has been frequently and often presented by several former

Grand Jurys for this City the Necessity of a Ducking-stool and house of

Correction for the just punishment of scolding Drunken Women, as well as

divers other profligate and Unruly persons in this Town who are become a

Publick Nuisance and disturbance to the Town in Generall, Therefore we

the present Grand Jury Do Earnestly again present the same to the Court

of Quarter Sessions for the City Desireing their Immediate Care That

these Public Conveniances may not be any Longer Delay'd but with all

possible Speed provided for the Detention and Quieting such Disorderly

Persons."

For several years later the magistrates clamored for a ducking-stool,

and the following indictment was brought against an unruly woman:

"City of Philadelphia. We the grand Inquest for our Lord the King upon

respective oaths and affirmations Do present that Mary wife of John

Austin late of Philadelphia, Cordwainer, the twenty-ninth day of

September and divers other days and times as well before as after in the

High City Ward in the City afforsd within the Jurisdiction of this

Court was and yet is a Common Scold, And the Peace of our Lord the King

a common and publick Disturber, And Strife and Debate among her

neighbours a Comon Sower and Mover, To the Great Disburbance of the

Leige Subjects of our sd Lord the King Inhabiting the City afforsd, And

to the Evill Example of other Such Cases & Delinquents And also agt the

Peace of our Lord the King his Crown and Dignity."

As late as 1824 a Philadelphia scold was sentenced by this same Court of

Sessions to be ducked; but the punishment was not inflicted, as it was

deemed obsolete and contrary to the spirit of the time.

In 1777 a ducking-school was ordered at the confluence of the Ohio and

Monongahela rivers--and doubtless it was erected and used.

In the year 1811, at the Supreme Court at Milledgeville, Georgia, one

"Miss Palmer," who, the account says, "seems to have been rather glib on

the tongue," was indicted, tried, convicted and punished for scolding,

by being publicly ducked in the Oconee River. The editor adds:

"Numerous spectators attended the execution of the sentence." Eight

years later the Grand Jury of Burke County, of the same state, presented

Mary Cammell as a "common scold and disturber of the peacable

inhabitants of the County." The _Augusta Chronicle_ says this of the

indictment:

"We do not know the _penalty_, or if there be any, attached to the

offense of _scolding_; but for the information of our Burke neighbours

we would inform them that the late lamented and distinguished Judge

Early decided, some years since, when a modern Xantippe was brought

before him, that she should undergo the _punishment of lustration_ by

immersion three several times in the _Oconee_. Accordingly she was

confined to the tail of a cart, and, accompanied by the hooting of a

mob, conducted to the river, where she was publicly ducked, in

conformity with the sentence of the court. Should this punishment be

accorded Mary Cammell, we hope, however, it may be attended with a more

salutary effect than in the case we have just alluded to--the unruly

subject of which, each time as she rose from the watery element,

impiously exclaimed, with a ludicrous gravity of countenance, 'Glory to

God.'"

It is doubtful whether these Georgia duckings were done with a regularly

constructed ducking-stool; the cart was probably run down into the

water.

One of the latest, and certainly the most notorious sentences to ducking

was that of Mrs. Anne Royal, of Washington, D. C., almost in our own

day. This extraordinary woman had lived through an eventful career in

love and adventure; she had been stolen by the Indians when a child, and

kept by them fifteen years; then she was married to Captain Royall, and

taught to read and write. She traveled much, and wrote several

vituperatively amusing books. She settled down upon Washington society

as editor of a newspaper called the "Washington Paul Pry" and of

another, the "Huntress"; and she soon terrorized the place. No one in

public office was spared, either in personal or printed abuse, if any

offense or neglect was given to her. A persistent lobbyist, she was

shunned like the plague by all congressmen. John Quincy Adams called her

an itinerant virago. She was arraigned as a common scold before Judge

William Cranch, and he sentenced her to be ducked in the Potomac River.

She was, however, released with a fine, and appears to us to-day to have

been insane--possibly through over-humored temper.

[Illustration: The Stocks.]

III

THE STOCKS

One of the earliest institutions in every New England community was a

pair of stocks. The first public building was a meeting-house, but often

before any house of God was builded, the devil got his restraining

engine. It was a true English punishment, and to a degree, a Scotch; and

was of most ancient date. In the _Cambridge Trinity College Psalter_, an

illuminated manuscript illustrating the manners of the twelfth century,

may be seen the quaint pictures of two men sitting in stocks, while two

others flout them. So essential to due order and government were the

stocks that every village had them. Sometimes they were movable and

often were kept in the church porch, a sober Sunday monitor. Shakespeare

says in King Lear:

"Fetch forth the stocks

You stubborn ancient knave!"

In England, petty thieves, unruly servants, wife-beaters, hedge-tearers,

vagrants, Sabbath-breakers, revilers, gamblers, drunkards,

ballad-singers, fortune-tellers, traveling musicians and a variety of

other offenders, were all punished by the stocks. Doubtless the most

notable person ever set in the stocks for drinking too freely was that

great man, Cardinal Wolsey. About the year 1500 he was the incumbent at

Lymington, and getting drunk at a village feast, he was seen by Sir

Amyas Poulett, a strict moralist, and local justice of the peace, who

humiliated the embryo cardinal by thrusting him in the stocks.

The Boston magistrates had a "pair of bilbowes" doubtless brought from

England; but these were only temporary, and soon stocks were ordered. It

is a fair example of the humorous side of Puritan law so frequently and

unwittingly displayed that the first malefactor set in these strong new

stocks was the carpenter who made them:

"Edward Palmer for his extortion in taking L1, 13s., 7d. for the plank

and woodwork of Boston stocks is fyned L5 & censured to bee sett an

houre in the stocks."

Thus did our ancestors make the "punishment fit the crime." It certainly

was rather a steep charge, for Carpenter Robert Bartlett of New London

made not long after "a pair of stocks with nine holes fitted for the

irons," and only charged thirteen shillings and fourpence for his work.

The carpenter of Shrewsbury, Massachusetts, likewise, as Pepys said of a

new pair of stocks in his neighborhood, took handsel of the stocks of

his own making.

In Virginia a somewhat kindred case was that of one Mr. Henry Charlton

of Hungar's Parish in 1633. For slandering the minister, Mr. Cotton,

Charlton was ordered "to make a pair of stocks and set in them several

Sabbath days after divine service, and then ask Mr. Cotton's forgiveness

for using offensive words concerning him."

In Maryland in 1655 another case may be cited. One William Bramhall

having been convicted of signing a rebellious petition, was for a second

offense of like nature ordered to be "at the Charge of Building a Pair

of Stocks and see it finished within one Month." There is no reference

to his punishment through the stocks of his own manufacture.

With a regard for the comfort of the criminal strangely at variance with

what Cotton Mather termed "the Gust of the Age," and a profound

submission to New England climate, a Massachusetts law, enacted June 18,

1645, declares that "he yt offens in excessive and longe drinkinge, he

shalbe sett in the stocks for three howers _when the weather is

seasonable_."

Just as soon as the Boston stocks had been well warmed by Carpenter

Palmer they promptly started on a well-filled career of usefulness. They

gathered in James Luxford, who had been "psented for having two wifes."

He had to pay a fine of L100 and be set in the stocks one hour upon the

following market-day after lecture, and on the next lecture-day also,

where he could be plainly seen by every maid and widow in the little

town, that there might be no wife Number Three. Then a watchman of the

town, "for drinking several times of strong waters," took his turn. Soon

a man for "uncivil carriages" was "stocked." Every town was enjoined to

build stocks. In 1655 Medfield had stocks, and in 1638 Newbury and

Concord were fined for "the want of stocks," and Newbury was given time

till the next court session to build them. The town obeyed the order,

and soon John Perry was set in them for his "abusive carriage to his

wife and child." Dedham and Watertown were "psent'd" in 1639 for "the

want of stocks." Ipswich already had them, for John Wedgwood that same

year was set in the stocks simply for being in the company of drunkards.

In Yarmouth, a thief who stole flax and yarn, and in Rehoboth, one who

stole an Indian child, were "stocked." Portsmouth, New Hampshire, built

stocks and a cage. Plymouth had a constant relay of Quakers to keep her

stocks from ever lying idle, as well as other offenders, such as Ann

Savory, of unsavory memory. Rhode Island ordered "good sufficient

stocks" in every town. In the southern and central colonies the stocks

were a constant force. The Dutch favored the pillory and whipping-post,

but a few towns had stocks. We find the Heer officer in Beverwyck

(Albany) dispensing justice in a most summary manner. When Martin de

Metslaer wounded another in a drunken brawl, the authorities hunted

Martin up, "early hauled him out of bed and set him in the stocks."

Connecticut was a firm advocate of the stocks, and plentiful examples

might be given under New Haven and Connecticut laws.

Web Adey, who was evidently a "single-man," for "two breaches of the

Saboth" was ordered to be set in the stocks, then to find a master, and

if not complying with this second order the town would find one for him

and sell him for a term of service. This was the arbitrary and not

unusual method of disposing of lazy, lawless and even lonely men, as

well as of more hardened criminals, who, when sold for a term of

service, usually got into fresh disgrace and punishment through

disobedience, idleness and running away.

I do not find many sentences of women to be set in the stocks. Jane

Boulton of Plymouth was stocked for reviling the magistrates; one of her

neighbors sat in the stocks and watched her husband take a flogging.

Goody Gregory of Springfield in 1640, being grievously angered by a

neighbor, profanely abused her, saying "Before God I could break thy

head." She acknowledged her "great sine and fault" like a woman, but she

paid her fine and sat in the stocks like a man, since she swore like

one.

And it should be noted that the stocks were not for the punishment of

_gentlemen_, they were thoroughly plebeian. The pillory was aristocratic

in comparison, as was also branding with a hot iron.

Fiercely hedged around was divine worship. The stocks added their

restraint by threatened use. "All persons who stand out of the

meeting-house during time of service, to be set in the stocks."

In Plymouth in 1665 "all persons being without the dores att the meeting

house on the Lords daies in houres of exercise, demeaneing themselves by

jesting, sleeping, and the like, if they shall psist in such practices

hee (the tithing-man) shall sett them in the stocks."

Regard for church and state were often combined by making public

confession of sin in church with punishment in front of the church

after the service. This was simply a carrying out of English customs.

Mr. Hamilton, author of that interesting book, _Quarter Sessions from

Queen Elizabeth to Queen Anne_, says, dealing with Devonshire:

"A favorite punishment for small offenses, such as resisting the

constable, was the stocks. The offender had to come into the church at

morning prayer, and say publicly that he was sorry; he was then set in

the stocks until the end of the evening prayer. The punishment was

generally repeated on the next market-day."

It seems scarcely necessary to describe the shape and appearance of

stocks, for pictures of them are so common. They were formed by two

heavy timbers the upper one of which could be raised, and when lowered,

was held in place by a lock. In these two timbers were cut two

half-circle notches which met two similar notches when the upper timber

was in place and thus formed round holes, holding firmly in place the

legs of the imprisoned culprit; sometimes the arms were thrust into

smaller holes similarly formed. Usually, however, the culprit sat on a

low bench with simply his legs confined. Thus securely restrained, he

was powerless to escape the jests and jeers of every idler in the

community.

The stocks were the scene of many striking figures, and many amusing

ones; what a sight was that when an English actor who had caused the

playing of the Midsummer-Night's Dream in the very house of the Bishop

of Lincoln, and on Sunday, too, was set in stocks at the Bishop's gate

with an ass's head beside him and a wisp of hay--in derision of the part

he had played, that of Bottom the weaver. This in 1631--after both

Plymouth and Boston had been settled.

And the stocks were not without their farcical side in New England.

Governor Winthrop's account of the exploits of a Boston Dogberry in 1644

is certainly amusing.

"There fell out a troublesome business in Boston. An English sailor

happened to be drunk, and was carried to his lodging, and the constable

(a godly man and much zealous against such disorders), hearing of it,

found him out, being upon his bed asleep, so he awaked him, and led him

to the stocks, no magistrate being at home. He being in the stocks, one

of La Tour's French gentlemen visitors in Boston lifted up the stocks

and let him out. The constable, hearing of it, went to the Frenchman

(being then gone and quiet) and would needs carry _him_ to the stocks.

The Frenchman offered to yield himself to go to prison, but the

constable, not understanding his language pressed him to go to the

stocks: the Frenchman resisted and drew his sword; with that company

came in and disarmed him, and carried him by force to the stocks, but

soon after the constable took him out and carried him to prison, and

presently after, took him forth again, and delivered him to La Tour.

Much tumult was there about this: many Frenchmen were in town, and other

strangers, who were not satisfied with this dealing of the constable yet

were quiet. In the morning the magistrate examined the cause, and sent

for La Tour, who was much grieved for his servant's miscarriage, and

also for the disgrace put upon him (for in France it is a most

ignominious thing to be laid in the stocks), but yet he complained not

of any injury, but left him wholly with the magistrates to do with him

what they pleased, etc. ... The constable was the occasion of all this

transgressing the bounds of his office, and that in six things. 1. In

fetching a man out of his lodging that was asleep upon his bed, and

without any warrant from authority. 2. In not putting a hook upon the

stocks, nor setting some to guard them. 3. In laying hands upon the

Frenchman that had opened the stocks when he was gone and quiet. 4. In

carrying him to prison without warrant. 5. In delivering him out of

prison without warrant. 6. In putting such a reproach upon a stranger

and a gentleman when there was no need, for he knew he would be

forthcoming and the magistrate would be at home that evening; but such

are the fruits of ignorant and misguided zeal.... But the magistrates

thought not convenient to lay these things to the constable's charge

before the assembly, but rather to admonish him for it in private, lest

they should have discouraged and discountenanced an honest officer."

Truly this is a striking and picturesque scene in colonial life, one

worthy of Hogarth's pencil. The bronzed English sailor, inflamed with

drink, ear-ringed, pigtailed, with short, wide, flapping trousers and

brave with sash and shining cutlass; the gay, volatile Frenchman, in the

beautiful and courtly dress of his day and nation, all laces and

falbalas; and the solemn pragmatic Puritan tipstaff, with long wand of

black and white, and horn lanthorn, with close-cropped head, sad-colored

in garments, severe of feature, zealous in duty; and the spectators

standing staring at the stocks; Indian stragglers, fair Puritan maidens,

fierce sailor-men, a pious preacher or sober magistrate--no lack of

local color in that picture.

It is interesting to note in all the colonies the attempt to exterminate

all idle folk and idle ways. The severity of the penalties were so

salutary in effect, that as Mrs. Goodwin says in her _Colonial

Cavalier_, they soon would have exterminated even that social pest, the

modern tramp. Vagrants, and those who were styled "transients," were

fiercely abhorred and cruelly spurned. I have found by comparison of

town records that they were often whipped from town to town, only to be

thrust forth in a few weeks with fresh stripes to another grudged

resting place. Such entries as this of the town of Westerly, Rhode

Island, might be produced in scores:

"September 26, 1748. That the officer shall take the said transient

forthwith to some publick place in this town and strip him from the

waist upward, & whyp him twenty strypes well layd on his naked back, and

then be by said officer transported out of this town."

The appearance of crime likewise had to be avoided. In 1635 Thomas Petet

"for suspition of slander, idleness and stubbornness is to be severely

whipt and kept in hold."

More shocking and still more summary was the punishment meted out to a

Frenchman who was _suspected_ only of setting fire to Boston in the year

1679. He was ordered to stand in the pillory, have both ears cut off,

pay the charges of the court, and lie in prison in bonds of five hundred

pounds until sentence was performed.

These Massachusetts magistrates were not the only ones to sentence

punishment on suspicion. In Scotland one Richardson, a tailor, being

"accusit of pickrie," or pilfering, was adjudged to be punished with

"twelve straiks with ane double belt, because there could be nae

sufficient proof gotten, but vehement suspition."

Writing of punishments of bygone days, an English rhymester says:

"Each mode has served its turn, and played a part

For good or ill with man; but while the bane

Of drunkenness corrupts the nation's heart--

Discrediting our age--methinks the reign

Of stocks, at least, were well revived again."

There is, in truth, a certain fitness in setting in the stocks for

drunkenness; a firm confining of the wandering uncertain legs; a fixing

in one spot for quiet growing sober, and meditating on the misery of

drunkenness, a fitness that with the extreme of publicity removed, or

the wantonness of the spectators curbed, perhaps would not be so bad a

restraining punishment after all. Some of the greatness and self-control

of the later years of Cardinal Wolsey's life may have come from those

hours of mortification and meditation spent in the stocks. And over the

stocks might be set "a paper" as of yore, bearing in capital letters the

old epitaph found in solemn warning of eternity on many an ancient

tombstone but literally applicable in this temporal matter.

"All Ye who see the State of Me

Think of the Glass that Runs for Thee."

IV

THE PILLORY

Hawthorne says in his immortal _Scarlet Letter_:

"This scaffold constituted a portion of a penal machine which now, for

two or three generations past, has been merely historical or

traditionary among us, but was held in the old time to be as effectual

in the promotion of good citizenship as ever was the guillotine among

the terrorists of France. It was, in short, the platform of the pillory;

and above it rose the framework of that instrument of discipline, so

fashioned as to confine the human head in its tight grasp, and thus hold

it up to the public gaze. The very ideal of ignominy was embodied and

made manifest in this contrivance of wood and iron. There can be no

outrage, methinks--against our common nature--whatever be the

delinquencies of the individual--no outrage more flagrant than to

forbid the culprit to hide his face for shame."

[Illustration: The Pillory.]

This "essence of punishment"--the pillory or stretch-neck--can be traced

back to a remote period in England and on the Continent--certainly to

the twelfth century. In its history, tragedy and comedy are equally

blended; and martyrdom and obloquy are alike combined. Seen in a

prominent position in every village and town, its familiarity of

presence was its only retrieving characteristic; near church-yard and in

public square was it ever found; local authorities forfeited the right

to hold a market unless they had a pillory ready for use.

A description of a pillory is not necessary to one who has read any

illustrated history of the English Church, of the Quakers, Dissenters,

or of the English people; for the rude prints of political and religious

sufferers in the pillory have been often reproduced. Douce, in his

_Illustrations of Shakespeare_ gives six different forms of the pillory.

It was an upright board, hinged or divisible in twain, with a hole in

which the head was set fast, and usually with two openings also for the

hands. Often the ears were nailed to the wood on either side of the

head-hole. Examples exist of a small finger-pillory or thumb-stocks, but

are rare.

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