American literature -- History and criticism; Authors; English literature -- History and criticism
One of Mr. Brook's volumes deals with _Strange and Curious Punishments_,
and it gives particulars of many harsh and cruel laws. It appears, from an
address delivered before the Essex Bar Association in 1885, that the
old-time punishments in America were much milder than the criminal laws of
England at the time, and the number of capital offences was greatly
reduced. Persons were frequently whipped. The following is an example
drawn from the Essex County Court Records: "In 1643, Roger Scott, for
repeated sleeping in meeting on the Lord's Day, and for striking the
person who waked him, was, at Salem, sentenced to be severely whipped."
Whipping appears to have been a common means of punishing offenders who
transgressed the laws. In the month of January, 1761, we see it stated
that four men for petty larceny were publicly whipped at the cart's tail
through the streets of New York. We gather from another newspaper report
that a man named Andrew Cayto received forty-nine stripes at the public
whipping-post for house-robbery--namely, for robbing one house,
thirty-nine stripes; and for robbing the other, ten stripes. It appears in
some instances prisoners had, as part of their sentence, to sit on the
gallows with ropes about their necks. We read: "At Ipswich, Massachusetts,
June 1763, one Francis Brown for stealing a large quantity of goods, was
found guilty; and it being the second conviction, he was sentenced by the
Court to sit on the gallows an hour with a rope round his neck, to be
whipt thirty stripes, and pay treble damages." The man was a native of
Lisbon, and described as a great thief. "We hear from Worcester," says the
_Boston Chronicle_, November 20th, 1769, "that on the 8th instant one
Lindsay stood in the pillory there one hour, after which he received
thirty stripes at the public whipping-post, and was then branded on the
hand; his crime was forgery." It appears that it was the custom to brand
by means of hot iron the letter F on the palm of the right hand.
We find that at this period persons found guilty of passing counterfeit
dollars were sentenced to have their ears cropped.
To illustrate his subject Mr. Brooks draws from Felt's _Annals of Salem_
not a few quaint items. It is stated that "in 1637, Dorothy Talby, for
beating her husband, is ordered to be bound to and chained to a post." It
is recorded that "in 1649 women were prosecuted in Salem for scolding,"
and probably in many cases whipped or ducked. The ducking-stool appears to
have been frequently employed. Under date of May 15th 1672, we find it
stated: "The General Court of Massachusetts orders that scolds and railers
shall be gagged or set in a ducking stool, and dipped over head and ears
three times."
Public-domain text, read in full here on John Shaqi.
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