New York (State) -- History -- Colonial period, ca. 1600-1775; New York (State) -- Social life and customs -- To 1775
These women petitioners for Soldier Weale of whom I have told, were
not the only tender-hearted New Yorkers to petition for “mercy, that
herb of grace, to flower.” During Stuyvesant’s rule his sister,
Madam Bayard, successfully interceded for the release, and thereby
saved the life, of an imprisoned Quaker; and in September, 1713, two
counterfeiters were saved from the death penalty by the intervention of
New York dames. We read, “Most of the gentlewomen of the city waited
on the Governor, and addressed him earnestly with prayers and tears
for the lives of the culprits, who were accordingly pardoned.” When
two sailors rioted through the town demanding food and drink, and used
Carel Van Brugh so roughly that his face was cut, they were sentenced
to be fastened to the whipping-post, and scourged, and have gashes cut
in their faces; the wife of Van Brugh and her friends petitioned that
the sentence should not be carried out, or at any rate executed within
a room. Doubtless other examples could be found.
The laws of New Netherland were naturally based upon the laws and
customs of the Fatherland, which in turn were formed by the rules of
the College of XIX. from the Imperial Statutes of Charles V. and the
Roman civil law.
The punishments were the ordinary ones of the times, neither more
nor less severe than those of the Fatherland or the other colonies.
In 1691 it was ordered that a ducking-stool be erected in New York
on the wharf in front of the City Hall. The following year an order
was passed that a pillory, cage, and ducking-stool be built. Though
scolds were punished, I have never seen any sentence to show that
this ducking-stool was ever built, or that one was ever used in New
York; while instances of the use of a ducking-stool are comparatively
plentiful in the Southern colonies. The ducking-stool was an English
“engine” of punishment, not a Dutch.
The colonists were astonishingly honest. Thieves were surprisingly few;
they were punished under Dutch rule by scourging with rods, and usually
by banishment,--a very convenient way of shifting responsibility.
Assaults were punished by imprisonment and subjection to prison fare,
consisting only of bread and water or _small beer_; and sometimes
temporary banishment. There was at first no prison, so men were often
imprisoned in their own houses, which does not seem very disgraceful.
In the case of François de Bruyn, tried for insulting and striking the
court messenger, he was fined two hundred guilders, and answered that
he would rot in prison before he would pay. He was then ordered to be
imprisoned _in a respectable tavern_, which sentence seems to have some
possibility of mitigating accompaniments.
Public-domain text, read in full here on John Shaqi.
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