Alice Morse Earle

“ The subject is not a pleasant one, though it often has a humorous element; but a punishment that is obsolete gains an interest and dignity from antiquity and its history becomes endurable because it has a past only and no future.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. ”

“ 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. ”

“ Of course, for the correction of slaves the whip was in constant use till our Civil War banished slavery and the whipping-post from every state save Maryland and Delaware. This latter-named commonwealth has been much censured for countenancing the continuance of whipping as a punishment. It is, however, stiffly contended by Delaware magistrates that as a restraint over wife-beaters and other cruel and vicious criminals, the whipping post is a distinct success and of marked benefit in its influence in the community. ”

“ A man’s shirt is an absurd garment; had the offender been wrapped in a sheet, or robed in sackcloth and ashes, he would been a noble figure, but you cannot grace or dignify a shirt.
With a mingling of barbarity and Christianity unrivalled by any other code of laws issued in America, the Articles, Lawes, and Orders Divine, Politique and Martiall for the colony of Virginea, as issued by Sir Thomas Dale, punished offenders against the church and God’s word equally by physical and moral penance. ”

“ This custom of labelling a criminal with words or initials expositive of his crime or his political or religious offense, is neither American nor Puritan in invention and operation, but is so ancient that the knowledge of its beginning is lost. ”

“ 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, [Pg 3] 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. ”

“ Brand and brank have passed away, the stocks and pillory no longer grace our village greens. We pride ourselves on our humanity, our justice. Therefore it may be well to note that we have now in the United States the most extreme code in the entire world in regard to capital punishment—sixty-two crimes punishable by death. A bill is before the Senate to strike sixteen offenses from our brutal list. Belgium, Holland, Brazil, Italy, Portugal, Gautemala, Venezuela and Costa Rica have wholly abolished the death penalty. ”

“ 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 ”

“ 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.” ”

“ Dishonest bakers were set in the pillory with dough on their heads. At the trial of this Mesaack Maartens, he was tortured to make him confess. Other criminals in New York bore torture; a sailor—wrongfully, as was proven—a woman, for stealing stockings. At the time of the Slave Riots cruel tortures were inflicted. Yet to Massachusetts, under the excitement and superstition caused by that tragedy in New England history, the witchcraft trials, is forever accorded the disgrace that one of her citizens was pressed to death, one Giles Corey. The story of his death is too painful for recital. ”

“ 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. ”

“ The most striking and noble figure to suffer [Pg 117] public penance in American history was Judge Samuel Sewall. He was one of the board of magistrates who sat in judgment at the famous witchcraft trials in Salem and Boston in the first century of New England life. Through his superstition and by his sentence, many innocent lives were sacrificed. Judge Sewall was a steadfast Christian, a man deeply introspective, absolutely upright, and painfully conscientious. ”

“ 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. ”

“ In the despotism of early Virginia, under the Code of Martial Law established by Sir Thomas Dale, the fierceness of punishment was appalling; possibly the arbitrariness was necessary to control the turbulent community, but the cruelty shocked Dale’s successor, Governor Yeardly, who proclaimed that the [Pg 142] “cruel laws by which the Ancient Planters had been governed” should be abolished. Under the laws proclaimed by Dale, absence from church was a capital offense. One man was broken on the wheel, one of the few instances known in the colonies. ”

“ 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. ”

“ 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 the orders sent over from England for the restraint of the first settlement at Salem, whipping was enjoined, “as correccon is ordaned for the fooles back”—and fools’ backs soon were found for the “correccon”; tawny skins and white shared alike in punishment, as both Indians and white men were partakers in crime. Scourgings were sometimes given on Sabbath days and often on lecture days, to the vast content and edification of Salem folk. ”

“ Over fifty branks of various shapes are now in existence in English museums, churches, town halls, etc., and prove by their number and wide extent of location, the prevalence of their employment as a means of punishment. Being made of durable iron and kept within doors, and often thrust, as their use grew infrequent, into out-of-the-way hiding-places, they have not vanished from existence as have the wooden stocks and pillories, which stood exposed to wear, weather and attack. ”

“ There can be no outrage, methinks—against our common nature—whatever be the delinquencies of the individual—no outrage more [Pg 45] flagrant than to forbid the culprit to hide his face for shame.”
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 ”

“ The public modes of punishment established by law were four, viz.: executions by [Pg 52] hanging, whipping of men at the cart-tail, whipping of women in the jail-yard, and the elevation of counterfeiters and the like to a movable pillory, which turned on its base so as to front north, south, east and west in succession, remaining at each point a quarter of an hour. During this execution of the majesty of the law the neck of the culprit was bent to a most uncomfortable curve, presenting a facial mark for those salutations of stale eggs which seemed to have been preserved for the occasion. ”

“ In 1754 a pamphlet called The Monster of Monsters, a sharp criticism on the Massachusetts Court which caused much stir in provincial political circles, was burned by the hangman in King Street, Boston. We learn from the Connecticut Gazette that about the same time another offending publication was sentenced to be “publickly whipt according to Moses Law, with forty stripes save one, and then burnt.” The true book-lover winces at the thought of the blood-stained hands of the hangman on any book, even though a “Monster.” ”

“ 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. ”

“ The crime of hog stealing is minutely defined and specified, and vested with bitter retribution. It was enacted by the Maryland Assembly that for the first offense the criminal should stand in the pillory “four Compleat hours,” have his ears cropped and pay treble damages; for the second offense be stigmatized on the forehead with the letter H and pay treble damages; for the third be adjudged a “fellon,” and therefore receive capital punishment. In Virginia in 1748 the hog-stealer for the first offense received “twenty-five lashes well laid on at the publick whipping-post;” ”

“ Barnes of Bermuda Hundred, for uttering detracting words against another Virginia gentleman, was condemned to have his tongue bored through with an awl, to pass through a guard of forty men, and be butted by every one of them. At the end to be knocked down and footed out of the fort, which must have effectively finished Mr. Barnes of Virginia. Yet Dale was an ardent Christian, beloved by his pastor, who said he was “a man of great knowledge in divinity and a good conscience in all things.” ”

“ Lying, swearing, taking false toll, perjury, selling rum to the Indians, all were punished by whipping.
Pious regard for the Sabbath was fiercely upheld by the support of the whipping-post. In 1643 Roger Scott, for “repeated sleeping on the Lord’s Day” and for striking the person who waked him from his godless slumber was sentenced to be severely whipped.
Women were not spared in public chastisement. “The gift of prophecy” was at once subdued in Boston by lashes, as was unwomanly carriage. ”

“ It was characteristic of the times—every little Puritan community sought to know by every fireside, to hate in every heart, any offence, great or small, which could hinder the growth and prosperity of the new abiding-place, which was to all a true home, and which they loved with a fervor that would be incomprehensible did we not know their spiritual exaltation in their new-found freedom to worship God. ”

“ The cuck-stool was simply a strong chair in which an offender was fastened, thus [Pg 17] 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. ”

“ 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 [Pg 2] 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.” ”

“ We read that raw recruits sometimes cried out or dropped down in the ranks from fright at the first horrifying sight of an army-flogging, but they soon grew scarcely to heed the ever-frequent and brutalizing sight. These floggings were never of any value as a restraint or warning in the army; the whipped and flayed soldiers were ruined in temper and character just as they were often ruined in health. Deaths from exhaustion [Pg 121] and mortification from the wounds of the lash were far from infrequent. ”

“ We have adhered to obsolete English laws while England has done away with them and has now only four capital crimes. It is certainly surprising and even mortifying to know that in Maryland setting fire to a hay-rick is to this day punishable by death. ”

“ 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.” Garret Segersen, a Dutch soldier, for stealing chickens, rode the wooden horse for three days, from two o’clock to close of parade, with a fifty-pound weight tied to each foot, which was a severe punishment. In other cases in New Amsterdam a musket was tied to each foot of the disgraced man. ”

“ As years passed by, and all superstitious excitement was dead, many of the so-called victims confessed their fraud, and in the light of these confessions, and with calmer judgment, and years of unshrinking thought, Judge Sewall became convinced that his decisions had been unjust, his condemnation cruel, and his sentences appallingly awful. ”

“ 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. ”