United States -- Social life and customs -- To 1775; Women -- United States -- History; Women -- United States -- Social conditions
Women also could appeal to the strong arm of the law against the wrath
of their loving husbands: "In 1638 John Emerson of Scituate was tried
before the general court for abusing his wife; the same year for beating
his wife, Henry Seawall was sent for examination before the court at
Ipswich; and in 1663, Ensigne John Williams, of Barnstable, was fined by
the Plymouth court for slandering his wife."[295]
Josselyn records that in New England in 1638, "Scolds they gag and set
them at their doors for certain hours, for all comers and goers by to
gaze at...."
In Virginia: "A wife convicted of slander was to be carried to the
ducking stool to be ducked unless her husband would consent to pay the
fine imposed by law for the offense.... Some years after (1646) a woman
residing in Northampton was punished for defamation by being condemned
to stand at the door of her parish church, during the singing of the
psalm, with a gag in her mouth.... Deborah Heighram ... was, in 1654,
not only required to ask pardon of the person she had slandered, but was
mulcted to the extent of two thousand pounds of tobacco. Alice Spencer,
for the same offence, was ordered to go to Mrs. Frances Yeardley's house
and beg forgiveness of her; whilst Edward Hall, who had also slandered
Mrs. Yeardley, was compelled to pay five thousand pounds of tobacco for
the county's use, and to acknowledge in court that he had spoken
falsely."[296]
The mere fact that a woman was a woman seems in no wise to have caused
merciful discrimination among early colonists as to the manner of
punishment. Apparently she was treated certainly not better and perhaps
sometimes worse than the man if she committed an offense. In the matter
of adultery she indeed frequently received the penalty which her partner
in sin totally escaped. In short, chivalry was not allowed to interfere
in the least with old-time justice.
FOOTNOTES:
[230] _Diary_, Vol. III, p. 237, p. 396.
[231] _Diary_, Vol. III, p. 237.
[232] Howard: _History of Matrimonial Institutions_, p. 166.
[233] Howard: p. 163.
[234] Howard: p. 200.
[235] _Diary_, Vol. III, p. 396.
[236] _Diary_, Vol. II, p. 336.
[237] Vol. III, pp. 144, 165.
[238] _Diary_, Vol. III, p. 176.
[239] _Diary_, Vol. III, p. 180.
[240a], [240b] _Diary_, Vol. III, p. 232.
[241a], [241b] _Diary_, Vol. III, p. 262.
[242] _Diary_, Vol. III, p. 265.
[243a], [243b] _Diary_, Vol. III, p. 266.
[244] _Diary_, Vol. III, p. 269.
[245] _Diary_, Vol. III, p. 271.
[246] Vol. III, p. 274.
[247] _Diary_, Vol. III, p. 275.
[248] Ravenel: _Eliza Pinckney_, p. 55.
[249] _Diary_, Vol. III, p. 491.
[250] Sewall's: _Letter-Book_, Col. I, p. 213.
[251] _Diary_, Vol. I, p. 216.
[252] _Diary_, Vol. I, p. 228.
[253] Vol. III, p. 172.
[254] _Diary_, Vol. I, p. 368.
[255] _Diary_, Vol. II, p. 24.
[256] _Diary_, Vol. III, p. 364.
[257] _Diary_, Vol. II, p. 347.
[258] _Diary_, p. 82.
[259] _Diary_, Vol. I, p. 354.
[260] _Diary_, Vol. I, p. 424.
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