New York (State) -- History -- Colonial period, ca. 1600-1775; New York (State) -- Social life and customs -- To 1775
The colonists were impatient of insulting actions as well as words.
Sampson said in “Romeo and Juliet,” “I will bite my thumb at them,
which is a disgrace to them _if they bear it_;” so “finger-sticking”
was a disgrace in colonial times _if unresented_, and it was actionable
in the courts. The man or woman who pointed the finger of scorn at a
neighbor was pretty sure to have the finger of the law pointed at him.
The curious practice of the Dutch settlers alluded to--the giving of
nicknames--may be partly explained by the fact that in some cases
the persons named had no surname, and the nickname was really a
distinguishing name. These nicknames appear not only in the records
of criminal cases, but in official documents such as the patents for
towns, transfers of estates, civil contracts, etc. In Albany, in 1655
and 1657, we find Jan the Jester, Huybert the Rogue, Jacobus or Cobus
the Looper, squint-eyed Harmen, the wicked Domine. On Long Island were
John the Swede, Hans the Boor, Tunis the Fisher. In Harlem was Jan
Archer the Koop-all (or buy-all). In New York, in English days, in
1691, we find Long Mary, Old Bush, Top-knot Betty, Scarebouch. These
names conveyed no offence, and seem to have been universally adopted
and responded to.
It would appear to a casual observer glancing over the court-records
of those early years of New York life under Dutch supremacy, that the
greater number of the cases brought before the magistrates were these
slander and libel cases. We could believe that no other court-room
ever rang with such petty personal suits; to use Tennyson’s words,
“it bubbled o’er with gossip and scandal and spite.” But in truth
slander was severely punished in all the colonies, in New England,
Virginia, Pennsylvania; and it is not to the detriment of the citizens
of New Netherland that they were more sharp in the punishment of such
offences, for it is well known, as Swift says, that the worthiest
people are those most injured by slander.
The slander cases of colonial times seem most trivial and even absurd
when seen through the mist of years. They could scarce reach the
dignity of Piers Plowman’s definition of slanders:--
“To bakbyten, and to bosten, and to bere fals witnesse
To scornie and to scolde, sclaundres to make.”
Public-domain text, read in full here on John Shaqi.
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