The National Magazine, Vol. XV, No. 1, November 1891Various
History
The National Magazine, Vol. XV, No. 1, November 1891
Various
Local history -- Periodicals; United States -- History -- Periodicals; West (U.S.) -- History -- Periodicals
“SEC. 1. It is ordered by this Court and authority thereof, that if any
person within this jurisdiction shall swear rashly or vainly by the holy
name of God, or other oath, he shall forfeit to the common treasury for
every such offence ten shillings; and it shall be in the power of any
Magistrate by warrant to the constable, to call such person before him,
and upon sufficient proof to sentence such offender, and to give order
to levy the fine; and if such person be not able or shall refuse to pay
the said fine, he shall be committed to the stocks, there to continue not
exceeding three hours nor less than one hour.
SEC. 2. And if any person shall swear more oaths than one at a time
before he remove out of the room or company where he so swears, he shall
then pay 20 shillings. The like penalty shall be inflicted for profane
and wicked cursing of any person or creature, and for the multiplying
the same as is appointed for profane swearing, and in case any person so
offending by multiplying oaths or cursing, shall not pay his or their
fines forthwith, they shall be whipt or committed to prison till they
shall pay the same at the discretion of the Court or Magistrate that
shall have cognyance thereof.”
The wife of Henry Gregory, one of the early settlers here, transgressed
this law, and her case came before Mr. William Pynehon as a Magistrate.
His record of it is as follows under date of February 15, 1640:
“Goody Gregory being accused by oath of John Woodcoke & Richard Williams
for swearing before God I could break thy head: She did acknowledge it
was her great sin & fault & saith she hath bin much humbled for it.
She is fined 12d (12 pence) to the poore to be paid to Henry Smyth within
a month; or if she doe not she is to sit 3 hours in the stocks.”
COMMON SCOLD.
By the English common law in force here in the early times a common scold
was liable to a peculiar form of punishment. Blackstone (4 Black. Com.
168) says:
“A common scold—communis rixatrix—(for our law confines it to the
feminine gender) is a public nuisance to her neighborhood for which
offence she may be indicted, and if convicted shall be sentenced to
be placed in a certain engine of correction called the trebucket,
castigatory or cucking stool, which in the Saxon language is said to
signify the scolding stool, though now it is frequently corrupted into
ducking stool, because the residue of the judgment is that when she is
placed therein she shall be plunged in the water for her punishment.”
Oct. 24, 1673—“John Petty complaines agt Goodwife Hunter for offering
to mischiefe his wife & giving her ill language; calling her as ye
testimonys speake:
Public-domain text, read in full here on John Shaqi.
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