[Footnote 520: See the facts collected by DAVIS, _op. cit._, 16-32. For Massachusetts, between 1633 and 1681, are a number of sentences to wear a badge for offenses other than adultery, such as drunkenness, theft, wanton behavior, incontinence, or the disturbing of public worship. In most instances the mark is to be worn temporarily; but in three cases it is a continuous punishment. Thus on March 4, 1633-34, for drunkenness, Robert Coles is "sentenced to be disfranchised, and to wear about his neck, and to hang about his outer garment a D made of red cloth set upon white, to continue for a year and not to leave it off at any time when he should come among company."--DAVIS, _op. cit._, 18; _Mass. Col. Rec._, I, 112. This appears to be the earliest reference to a _red_ badge placed upon the outer garments. See also the case cited by Davis from JOSSELYN'S _Account of Two Voyages to New England_ (VEAZIE'S reprint, Boston, 1865), 178, 179, occurring either in Massachusetts or Plymouth prior to 1671; the similar case of sentence to wear a "Roman B cut out ridd cloth," for unclean and lascivious behavior and blasphemous words: in _Plym. Col. Rec._, III, 111, 112 (March 5, 1656-57); and one in _Mass. Col. Rec._ (Sept. 3, 1639), 269.] [Footnote 521: _Plym. Col. Rec._, I, 132.] [Footnote 522: _Ibid._, II, 28 (1641).] [Footnote 523: _Ibid._, XI, 95, 172.] The Plymouth statute was copied into the Cutt Code for New Hampshire in 1679-80.[524] By the act of 1701, taken from the Massachusetts law of 1694, the initial letter is still prescribed;[525] and down to its repeal in 1792 the law was frequently enforced by the courts.[526] [Footnote 524: _New Hamp. Prov. Papers_, I, 384-86.] [Footnote 525: By the marriage act of 13 W. III., 1701: _New Hamp. Prov. Papers_, III, 224. This act is retained in _Acts and Laws of New Hamp._ (Portsmouth, 1761), 53, 54; and _ibid._ (Portsmouth, 1771), 10, 11.] [Footnote 526: There is a discussion of several cases in SHIRLEY, "Early Jurisprudence of New Hamp.," _Procds. New Hamp. Hist. Soc._ (1876-84), 279 ff.] It is an evidence of the more humane tendency of Rhode Island legislation that neither death nor the scarlet badge seems ever to have been prescribed for adultery, although the offense was otherwise harshly punished. The culprit is to be "publickly set on the Gallows in the Day Time, with a Rope about his or her Neck, for the Space of One Hour; and on his or her Return from the Gallows to the Gaol, shall be publickly whipped on his or her naked Back, not exceeding Thirty Stripes; and shall stand committed to the Gaol of the County wherein convicted, until he or she shall pay all Costs of Prosecution."[527]