Curious Punishments of Bygone DaysEarle, Alice Morse
History
Curious Punishments of Bygone Days
Earle, Alice Morse
Punishment -- United States -- History -- 17th century; Punishment -- United States -- History -- 18th century
In 1633 it was ordered that a ducking-stool be built in every county in
Maryland, but I have no proof that they were ever built or used, though
it is probable they were. At a court-baron at St. Clements, the county
was prosecuted for not having one of these "public conveniences."
Half a century elapsed after the settlement of Massachusetts ere that
commonwealth ordered a ducking-stool. On the 15th of May, 1672, while
Richard Bellingham was Governor, the court at Massachusetts Bay passed
this law:
"Whereas there is no expresse punishment by any law hitherto established
affixed to the evill practise of sundry persons by exorbitancy of the
tonge in rayling and scolding, it is therefore ordered, that all such
persons convicted, before any Court or magistrate that hath propper
cognizance of the cause for rayling or scolding, shalbe gagged or sett
in a ducking stoole & dipt ouer head & eares three times in some
convenient place of fresh or salt water as the Court or magistrate shall
judge meete."
Governor Bellingham's sister was a notorious scold, who suffered death
as a witch.
John Dunton, writing from Boston in 1686, does not note the presence of
a ducking-stool, but says:
"Scolds they gag and set them at their own Doors for certain hours
together, for all comers and goers to gaze at; were this a Law in
England and well executed it wou'd in a little Time prove an Effectual
Remedy to cure the Noise that is in many Women's heads."
This was a law well-executed at the time in Scotland, though Dunton was
ignorant of it.
There are no entries to show that the law authorizing ducking ever was
executed in Massachusetts nor in Maine, where a dozen towns--Kittery,
York and others--were fined for "having no coucking-stool." It was
ordered on Long Island that every Court of Sessions should have a
ducking-stool; but nothing exists in their records to prove that the
order was ever executed, or any Long Island woman ducked; nor is there
proof that there was in New York city a ducking-stool, though orders
were issued for one; a Lutheran minister of that city excused himself
for striking a woman who angered him by her "scholding" because she was
not punished by law therefor.
Pennsylvania, mild with the thees and thous of non-belligerent Quakers,
did not escape scolding women. In 1708 the Common Council of
Philadelphia ordered a ducking-stool to be built. In 1718 it was still
lacking, and still desired, and still necessary.
Public-domain text, read in full here on John Shaqi.
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