A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
_a_) Fine or stripes 22
£15 or 20 stripes 1
£5 or {20 " 1
{15 " 4
£3 or {20 " 1
{15 " 3
50s. or {15 " 3
{10 " 2
40s. or {15 " 2
{10 " 4
_b_) Stripes alone 21
40 (20 each in two places) 2
30 2
20 11
15 4
10 2
2. Single men, confession 13
_a_) Fine or stripes 5
£5 or 20 stripes 4
40s. or 15 stripes 1
_b_) Stripes alone 8
30 3
20 5
_c_) Putative fathers 17
while in no case is a single man or woman merely fined. On
the other hand, out of twenty married couples punished for
ante-nuptial misconduct, fifteen are given the choice of fines or
stripes, three are merely fined; and in no instance is whipping
alone the penalty decreed. Furthermore, the fines are on the
average smaller in these cases than in others, although as
regards both fines and stripes the sentences are sadly lacking in
uniformity. The conclusion seems irresistible that, in harmony
with popular sentiment, the courts, exercising the discretion
granted by the statute, were inclined to deal more leniently
with the faults of the betrothed than with those of less favored
bachelors and spinsters.
[Footnote 578: In addition the records of the court of assistants
for the early period contain six cases, in each instance the
husband alone being punished; two cases in 1635, one in 1637,
one in 1639, two in 1640: _Mass. Col. Rec._, I, 163, 193, 269,
296, 297; and three cases where both husband and wife were
fined, condemned to stand in the market place, or to confess on
Lecture Day: _Rec. of the Court of Assistants, 1641-1643/44_, in
WHITMORE, _Bib. Sketch_, xxxi, xxxiii, xxxvii.]
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