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
A curious punishment for swearing was ordered by the President of the
pioneer expedition into Virginia as told by Captain John Smith. The
English gallants who came to the colony for adventure or to escape
punishment were very tender-handed. They were sent into the woods to cut
down trees for clapboard, but their hands soon blistered under the heavy
axe helves, and the pain caused them to frequently cry out in great
oaths. The President ordered that every oath should be noted, and for
each a can of water was poured down the sleeve of the person who had
been guilty of uttering it. In Haddon, Derbyshire, England, is a relic
of a similar punishment, an iron handcuff fastened to the woodwork of
the banqueting hall. A sneak-cup who "balked his liquor" or any one who
committed any violation of the convivial customs of that day and place,
had his wrist placed in the iron ring, and a can of cold water, or the
liquor he declined was poured up his sleeve.
It is interesting to note in the statutes of Virginia and Maryland the
honor that for decades hedged around the domestic hog. The crime of hog
stealing is minutely defined and specified, and vested with bitter
retribution. It was enacted by the Maryland Assembly that for the first
offense the criminal should stand in the pillory "four Compleat hours,"
have his ears cropped and pay treble damages; for the second offense be
stigmatized on the forehead with the letter H and pay treble damages;
for the third be adjudged a "fellon," and therefore receive capital
punishment. In Virginia in 1748 the hog-stealer for the first offense
received "twenty-five lashes well laid on at the publick whipping-post;"
for the second offense he was set two hours in the pillory and had both
ears nailed thereto, at the end of the two hours _to have the ears slit
loose_; for the third offense, death. Were the culprit in either
province a slave, the cruelty and punishment were doubled. For all
hog-stealers, whether bond or free, there was no benefit of clergy,
which was the ameliorating plea, permissible in some felonies of being
able to read "clerkly."
It is evident that in early days this plea could not extend to a very
large number in any community. It was originally a monkish privilege
extended to English ecclesiastics in criminal processes in secular
courts. It was granted originally in 1274 and was not abolished in
England till 1827. The minutes of the Court of General Quarter Sessions
in New York bear many records of criminals who pleaded "the benefit,"
and instead of hanging on a gallows, were branded on the brawn of the
left thumb with T in open court and then discharged. Benefit of clergy
existed and was in force in New York state till February 21, 1788.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account