Whipping at the carts tayle
The whipping-post was speedily in full force in Boston. At the session of the court held November 30, 1630, one man was [Pg 73]sentenced to be whipped for stealing a loaf of bread; another for shooting fowl on the Sabbath, another for swearing, another for leaving a boat “without a pylott.” Then we read of John Pease that for “stryking his mother and deryding her he shalbe whipt.”
The Stocks
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 Scarlet letter
Sinners were never spared (In puritan communities) , either in publicity or punishment. Keen justice made the magistrates rigid and exact in the exposition and publication of crime, hence the labelling of an offender. Examples “To wear two Capitall Letters, A. D. cut in cloth and sewed on their uppermost garment on the Arm and Back; and if any time they shall be founde without the letters so worne while in this government, they shall be forthwith taken and publickly whipt.” “Robert Coles was fyned ten shillings and enjoyned to stand with a white sheet of paper on his back whereon Drunkard shalbe written in great lres & to stand therewith soe longe as the Court finde meete, for abuseing himself shamefully with drinke.” The following year Robert Coles, still misbehaving, was again sentenced, and more severely, for his drunkard’s badge was made permanent.
The Pillory
It would be impossible to enumerate the offences for which Englishmen were pilloried: among them were treason, sedition, arson, blasphemy, witch-craft, perjury, wife-beating, cheating, forestalling, forging, coin-clipping, tree-polling, gaming, dice-cogging, quarrelling, lying, libelling, slandering, threatening, conjuring, fortune-telling, “prigging,” drunkenness, impudence. One man was set in the pillory for delivering false dinner invitations; another for a rough practical joke; another for selling an injurious quack medicine. All sharpers, beggars, impostors, vagabonds, were liable to be pilloried.
The Ducking-stool
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.
The Drunkards Cloak
This “barrel-shirt,” which was evidently so frequently used in our Civil War, was known as the Drunkard’s Cloak, and it was largely employed in past centuries on the Continent. Sir William Brereton, in his Travels in Holland, 1634, notes its use in Delft; so does Pepys in the year 1660. Evelyn writes in 1641 that in the Senate House in Delft he saw “a weighty vessel of wood not unlike a butter churn,” which was used to punish women, who were led about the town in it.
The Burning of books
The punishments of authors deserve a separate chapter; for since the days of Greece and Rome their woes have been many. The burning of condemned books begun in those ancient states. In the days of Augustus no less than twenty thousand volumes were consumed; among them, all the works of Labienus, who, in despair thereat, refused food, pined and died.
The Branks
The brank or scold’s bridle was unknown in America in its English shape: though from colonial records we learn that scolding women were far too plentiful, and were gagged for that annoying and irritating habit. The brank, sometimes called the gossip’s bridle, or dame’s bridle, or scold’s helm, was truly a “brydle for a curste queane.” It was a shocking instrument, a sort of iron cage, often of great weight; when worn, covering the entire head; with a spiked plate or flat tongue of iron to be placed in the mouth over the tongue. Hence if the offender spoke she was cruelly hurt.
Ryding the wooden horse
Another common punishment for soldiers (usually for rioting or drinking) was the riding the wooden horse. In New Amsterdam the wooden horse stood between Paerel street and the Fort, and was a straight, narrow, horizontal pole, standing twelve feet high. Sometimes the upper edge of the board or pole was acutely sharpened to intensify the cruelty. The soldier was set astride this board, with his hands tied behind his back. Often a heavy weight was tied to each foot, as was jocularly said, “to keep his horse from throwing him.”
Public Penance
The custom of performing penance in public by humiliation in church either through significant action, position or confession has often been held to be peculiar to the Presbyterian and Puritan churches. It is, in fact, as old as the Church of Rome, and was a custom of the Church of England long before it became part of the Dissenters’ discipline. All ranks and conditions of men shared in this humiliation. An English king, Henry II, a German emperor, Henry IV, the famous Duchess of Gloucester, and Jane Shore are noted examples; humbler victims for minor sins or offenses against religious usages suffered in like manner.
Laying by the heels in the bilboes
Laying by the heels in 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. 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
Branding
There is nothing more abhorrent to the general sentiment of humanity to-day than the universal custom of all civilized nations, until the present century, of branding and maiming criminals. In these barbarous methods of degrading criminals the colonists in America followed the customs and copied the laws of the fatherland. Our ancestors were not squeamish. The sight of a man lopped of his ears, or slit of his nostrils, or with a seared brand or great gash in his forehead or cheek could not affect the stout stomachs that cheerfully and eagerly gathered around the bloody whipping-post and the gallows.