Part 5

This law was enacted in Boston. A similar one was in force in the Connecticut colony. In 1650 a man was tried in the General Court in Hartford for "contemptuous carriages" against the church and ministers, and was thus sentenced:

"To stand two houres openly upon a blocke or stoole foure feet high uppon a Lecture Daye with a paper fixed on his breast written in Capitall Letters, AN OPEN AND OBSTINATE CONTEMNER OF GOD'S HOLY ORDINANCES, that others may feare and be ashamed of breakinge out in like wickednesse."

The latter clause would seem to modern notions an unintentional yet positive appeal to the furtherance of time-serving and hypocrisy.

Drunkards frequently were thus temporarily labelled.

I quote an entry of Governor Winthrop's in the year 1640:

"One Baker, master's mate of the ship, being in drink, used some reproachful words of the queen. The governour and council were much in doubt what to do with him, but having considered that he was distempered, and sorry for it, and being a stranger, and a chief officer in the ship, and many ships were there in harbour, they thought it not fit to inflict corporal punishment upon him, but after he had been two or three days in prison, he was set an hour at the whipping post with a paper on his head and dismissed."

Many Boston men were similarly punished. For defacing a public record one was sentenced in May, 1652, "to stand in the pillory two Howers in Boston market with a paper ouer his head marked in Capitall Letters A DEFACER OF RECORDS." Ann Boulder at about the same time was ordered "to stand in yrons half an hour with a Paper on her Breast marked PVBLICK DESTROYER OF PEACE."

In 1639 three Boston women received this form of public punishment; of them Margaret Henderson was "censured to stand in the market place with a paper for her ill behavior, & her husband was fyned L5 for her yvill behavior & to bring her to the market place for her to stand there."

Joan Andrews of York, Maine, sold two heavy stones in a firkin of butter. She, too, had to stand disgraced bearing the description of her wicked cheatery "written in Capitall Letters and pinned upon her forehead." Widow Bradley of New London, Connecticut, for her sorry behaviour in 1673 had to wear a paper pinned to her cap to proclaim her shame.

Really picturesque was Jan of Leyden, of the New Netherland settlement, who for insolence to the Bushwyck magistrates was sentenced to be fastened to a stake near the gallows, with a bridle in his mouth, a bundle of rods under his arm, and a paper on his breast bearing the words, "Lampoon-riter, False-accuser, Defamer of Magistrates." William Gerritsen of New Amsterdam sang a defamatory song against the Lutheran minister and his daughter. He pleaded guilty, and was bound to the Maypole in the Fort with rods tied round his neck, and wearing a paper labelled with his offense, and there to stand till the end of the sermon.

This custom of labelling a criminal with words or initials expositive of his crime or his political or religious offense, is neither American nor Puritan in invention and operation, but is so ancient that the knowledge of its beginning is lost. It was certainly in full force in the twelfth century in England. In 1364 one John de Hakford, for stating to a friend that there were ten thousand rebels ready to rise in London, was placed in the pillory four times a year "without hood or girdle, barefoot and unshod, with a whetstone hung by a chain from his neck, and lying on his breast, it being marked with the words _A False Liar_, and there shall be a pair of trumpets trumpeting before him on his way." Many other cases are known of hanging an inscribed whetstone round the neck of the condemned one. For three centuries men were thus labelled, and with sound of trumpets borne to the pillory or scaffold. As few of the spectators of that day could read the printed letters, the whetstone and trumpets were quite as significant as the labels. In the first year of the reign of Henry VIII, Fabian says that three men, rebels, and of good birth, died of shame for being thus punished. They rode about the city of London with their faces to their horses' tails, and bore marked papers on their heads, and were set on the pillory at Cornhill and again at Newgate. In Canterbury, in 1524, a man was pilloried, and wore a paper inscribed: "This is a false perjured and for-sworn man." In the corporation accounts of the town of Newcastle-on-Tyne are many items of the expenses for punishing criminals. One of the date 1594 reads: "Paide for 4 papers for 4 folkes which was sett on the pillorie, 16d."

Writing was not an every-day accomplishment in those times, else fourpence for writing a "paper" would seem rather a high-priced service.

VIII

BRANKS AND GAGS

The brank or scold's bridle was unknown in America in its English shape: though from colonial records we learn that scolding women were far too plentiful, and were gagged for that annoying and irritating habit. The brank, sometimes called the gossip's bridle, or dame's bridle, or scold's helm, was truly a "brydle for a curste queane." It was a shocking instrument, a sort of iron cage, often of great weight; when worn, covering the entire head; with a spiked plate or flat tongue of iron to be placed in the mouth over the tongue. Hence if the offender spoke she was cruelly hurt.

Ralph Gardner, in his book entitled _England's Grievance Discovered in Relation to the Coal Trade, etc._, printed in 1665, says of Newcastle-on-Tyne:

"There he saw one Anne Bridlestone drove through the streets by an officer of the same corporation, holding a rope in his hand, the other end fastened to an engine called the branks, which is like a crown, it being of iron, which was musled over the head and face, with a great gag or tongue of iron forced into her mouth, which forced the blood out; and that is the punishment which the magistrates do inflict upon chiding and scolding women; and he hath often seen the like done to others."

Over fifty branks of various shapes are now in existence in English museums, churches, town halls, etc., and prove by their number and wide extent of location, the prevalence of their employment as a means of punishment. Being made of durable iron and kept within doors, and often thrust, as their use grew infrequent, into out-of-the-way hiding-places, they have not vanished from existence as have the wooden stocks and pillories, which stood exposed to wear, weather and attack.

One of these old-time branks is in the vestry of the church at Walton-on-Thames. It is dated 1632, and has this couplet graven on it:

"Chester presents Walton with a bridle To cure women's tongues that talk too idle."

By tradition this brank was angrily and insultingly given by a gentleman named Chester, who had through the lie of a gossiping woman of Walton lost an expected fortune. One is in Congleton Town Hall which was used as recently at 1824, upon a confirmed scold who had especially abused some constables and church-wardens; and as late as 1858 a brank was produced _in terrorem_ to silence an English scold, and it is said with marked and salutary effect. Several branks are still in existence in Staffordshire. The old historian of the county, Dr. Plot, pleads quaintly the cause of the brank:

"We come to the arts that respect mankind, amongst which as elsewhere, the civility of precedence must be allowed to the women, and that as well in punishments as in favours. For the former, whereof they have such a peculiar artifice at Newcastle and Walsall for correcting of scolds, which it does too, so effectually and so very safely that I look upon it as much to be preferred to the ducking-stool, which not only endangers the health of the party, but also gives her tongue liberty to wag, twixt every dip, to neither of which is this at all liable, it being such a bridle for the tongue as not only quite deprives them of speech, but brings shame for the transgression, and humility thereupon, before its taken off.... Which being put upon the offender by the order of the magistrate, and fastened with a padlock behind, she is led through the town by an officer, to her shame, nor is it taken off till after the party begins to show all external signs imaginable of humiliation and amendment."

Mr. Llewellyn Jewitt, editor of the _Reliquary_, gives an explicit account of the way a brank was worn:

"The Chesterfield brank is a good example, and has the additional interest of bearing a date. It is nine inches in height, and six and three-quarters across the hoop. It consists of a hoop of iron, hinged on either side, and fastening behind, and a band, also of iron, passing over the head from back to front and opening dividing in front to admit the nose of the woman whose misfortune it was to wear it. The mode of putting it on would be thus: The brank would be opened by throwing back the sides of the hoop, and the hinder part of the top band by means of the hinges. The constable would then stand in front of his victim and force the knife or plate into her mouth, the divided band passing on either side of her nose, which would protrude through the opening. The hoop would then be closed behind, the band brought down from the top to the back of the head, and fastened down upon it, and thus the cage would at once be firmly and immovably fixed so long as her tormentors might think fit. On the left side is a chain, one end of which is attached to the hoop, and on the other end is a ring by which the victim was led, or by which she was at pleasure attached to a post or wall. On the front of the brank is the date 1688."

This brank is depicted in the _Reliquary_ for October, 1860. Mr. William Andrews, in his interesting book, entitled _Old-Time Punishments_ gives drawings of no less than sixteen branks now preserved in England. Some of them are massive, and horrible instruments of torture.

It will be noted that the brank is universally spoken of as a punishment for women; but men also were sentenced to wear it--paupers, blasphemers, railers.

I am glad John Winthrop and John Carver did not bring cumbrous and cruel iron branks to America. There are plenty of other ways to shut a woman's mouth and to still her tongue, as all sensible men know; on every hand, if gossips were found, a simple machine could be shaped, one far simpler than a scold's bridle. A cleft stick pinched on the tongue was as temporarily efficacious as the iron machine, and could be speedily put in use. On June 4, 1651, the little town of Southampton, Long Island, saw a well-known resident, for her "exorbitant words of imprication," stand for an hour in public with her tongue in a cleft stick. A neighbor at Easthampton, Long Island, the same year received a like sentence:

"It is ordered that Goody Edwards shall pay L3 or have her tongue in a cleft stick for contempt of court warrant in saienge she would not come, but if they had been governor or magistrate then she would come, and desireing the warrant to burn it."

About the same time Goodwife Hunter was gagged in Springfield for a similar offense.

In Salem, under the sway of the rigid and narrow Puritan Endicott, the system of petty surveillance and demeaning punishment seemed to reach its height; and one citizen in mild sarcasm thereof said he did suppose if he did lie abed in the morning he would be hauled up by the magistrates,--and was promptly fined for even saying such a thing in jest. Therefore of course "one Oliver, his wife" was adjudged to be whipped for reproaching the magistrates and for prophesying. Winthrop, in his _History of New England_, says of her scourging and her further punishment:

"She stood without tying, and bare her punishment with a masculine spirit, glorying in her suffering. But after (when she came to consider the reproach which would stick by her, etc.), she was much dejected about it. She had a cleft stick put on her tongue half an hour for reproaching the elders."

In Salem in 1639 four men got drunk--young men, some of them servants. Two named George Dill and John Cook were thus punished:

"They be fined 40s for drunckenes, and to stand att the meeting-house doar next Lecture day with a Clefte Stick vpon his Tong and a paper vpon his hatt subscribed for gross premeditated lyinge."

The others, Thomas Tucke and Mica Ivor, were not so drunk nor such wanton liars and their punishment was somewhat mitigated. The sentence runs thus:

"They are also found guilty of Lyeing & Drunckenes though not to that degree as the twoe former yett are fined 40s & their own promis taken for itt. Alsoe two stand on the Lecture day with the twoe former but noe clefte sticke on their Tong only a paper on his head subscribed for lying."

So it will be seen that men suffered this painful and mortifying punishment as well as women. And I may say, in passing, that slander and mischief-making seemed to be even more rife among men than among women in colonial times. This entry may be found in the _Records of the Massachusetts Bay Colony_:

"6 September, Boston, 1636. Robert Shorthouse for swearinge by the bloud of God was sentenced to have his tongue put into a cleft stick, and soe stand for halfe an houre & Elizabeth wife of Thomas Applegate was censured to stand with her tongue in a cleft stick for half an houre for swearinge, railinge and revilinge."

Robert Bartlett in the same court in 1638 was "psented" for cursing, and swearing, and had his tongue thrust in a cleft stick. Samuel Hawkes for cursing, lying and stealing received the same sentence. In 1671 Sarah Morgan struck her husband. He evidently ran whining to the constables, and Wife Sarah received a just punishment. She was ordered to "stand with a gagg in her mouth" at Kittery, Maine, at a public town-meeting, and "the cause of her offense written and put on her forehead." Thus gagged and placarded she must have proved a striking figure; jeered at, doubtless, as an odious example of wifely insubordination, by all the good citizens who came to shape the "Town's Mind" at the Town's Meeting.

As years passed on the independent spirit of the times became averse to gagging, though whipping and imprisonment still were for some years dealt out for reviling and railing. America was in some ways earlier in humane elements of consideration for criminals than England, and while women were still wearing the brank in English villages American women no longer feared either gag or cleft stick for unruly tongues.

Long after the punishment of which I write had been banished from American courts it lingered in various forms in American schools--as did the stocks, the penance-stool, and the whip. I have an example of a "whispering-stick," a wooden gag, provided with holes by which it could be tied in place, and which was used in a Providence school during this century as a punishment for whispering. And many a child during the past century had a cleft stick placed on his tongue for ill words or untimely words in school. Sometimes, with an exaggeration of ridicule, a small branch of a tree in full leaf was split and pinched on the tongue--a true pedagogical torture.

IX

PUBLIC PENANCE

The custom of performing penance in public by humiliation in church either through significant action, position or confession has often been held to be peculiar to the Presbyterian and Puritan churches. It is, in fact, as old as the Church of Rome, and was a custom of the Church of England long before it became part of the Dissenters' discipline. All ranks and conditions of men shared in this humiliation. An English king, Henry II, a German emperor, Henry IV, the famous Duchess of Gloucester, and Jane Shore are noted examples; humbler victims for minor sins or offenses against religious usages suffered in like manner. In Scotland the ordeals of sitting on the repentance-stool or cutty-stool were most frequent. In economic and social histories of Scotland, and especially in Edgar's _Old Church Life in Scotland_, many instances are enumerated. Sometimes the offender wore a repentance-gown of sackcloth; more frequently he stood or sat barefoot and barelegged.

In our own day penance has been done in the Scottish Church. In 1876 a woman in Ross-shire sat on the cutty-stool through the whole service with a black shawl over her head; while in February, 1884, one of the ringleaders in the Sabbatarian riots was set on the cutty-stool in Lochcarron church and rebuked for a moral offense which could not, according to the discipline of the Free Church in the Highlands, be fully punished in any other way.

In English churches similar penance was done. In the _History of Wakefield Cathedral_ are given the old church-wardens' accounts. In them are many items of the loan of sheets for men and women "to do penance in." About sixpence was the usual charge. For immorality, cheating, defamation of character, disregard of the Sabbath and other transgressions penance was performed. In 1766 penance was thus rendered in Stokesby Church for three Sundays by James Beadwell:

"In the time of Divine service, between the hours of ten and eleven in the forenoon of the same day, in the presence of the whole congregation there assembled, being barehead, barefoot and barelegged, having a white sheet wrapped about him from the shoulder to the feet and a white wand in his hand, where immediately after the reading of the Gospel, he shall stand upon some form or seat before the pulpit or place where the minister readeth prayers and say after him as forthwith, etc."

Clergymen even, if offenders against the established church, were not spared public humiliation. In the year 1534 the vicar of a church in Hull, England, preached a sermon in Holy Trinity church advocating the teaching of the Reformers in Antwerp. He was promptly tried for heresy and convicted. He recanted; and in penance walked around the church on Sunday clad only in his shirt, barefooted and carrying a large faggot in his hand. On the market day he walked around the market-place clad in a similar manner. This really solemn act is robbed of its dignity because of the apparel of the penitent. A man's shirt is an absurd garment; had the offender been wrapped in a sheet, or robed in sackcloth and ashes, he would been a noble figure, but you cannot grace or dignify a shirt.

With a mingling of barbarity and Christianity unrivalled by any other code of laws issued in America, the _Articles, Lawes, and Orders Divine, Politique and Martiall for the colony of Virginea_, as issued by Sir Thomas Dale, punished offenders against the church and God's word equally by physical and moral penance.

"Noe man shall vnworthilie demeane himselfe vnto any Preacher, or Minister of God's Holy Word, but generally hold them in all reverent regard and dutiful intreatie, otherwise he the offender shall openly be whipt three times, and ask publick forgiveness in the assembly of the congregation three several Saboth daies."

"There is no one man or woman in this Colonie now present, or hereafter to arrive, but shall give vp an account of his and their faith and religion, and repaire vnto the Minister, that by his conference with them, hee may vnderstand, and gather, whether heretofore they have been sufficiently instructed and catechised in the principles and grounds on Religion, whose weaknesse and ignorance herein, the Minister, finding, and advising them in all love and charitie to repaire often unto him to receive therein a greater measure of knowledge, if they shal refuse so to repaire unto him, and he the Minister give notice thereof unto the Governour, he shall cause the offender first time of refusall to be whipt, for the second time to be whipt twice, and to acknowledge his fault vpon the Saboth day, in the assembly, and for the third time to be whipt every day vntil he hath made the same acknowledgement, and asked forgivenesse for the same, and shall repaire vnto the Minister, to be further instructed as aforesaid; and vpon the Saboth when the Minister shall catechize and of him demaund any question concerning his faith and knowledge, he shall not refuse to make answer vpon the same perill."

Those who were found to "calumniate, detract, slander, murmur, mutinie, resist, disobey, or neglect" the officers' commands also were to be whipped and ask forgiveness at the Sabbath service. The Puritans were said dreadfully to seek God; far greater must have been the dread of Virginia church folk; and in view of this severity it is not to be wondered that this law had to be issued as a pendant:

"No man or woman, vpon paine of death, shall rune away from the Colonie, to Powhathan or any savage Weroance else whatever."

Bishop Meade, in his history of the Virginia church, tells of offenders who stood in church wrapped in white sheets with white wands in their hands; and other examples of public penance in the Southern colonies are known.

In 1639 Robert Sweet of Jamestown--"a gentleman"--appeared, wrapped in a white sheet, and did penance in church. In Lower Norfolk County, a white man and a black woman stood up together, dressed in white sheets and holding white wands in their hands.

The custom of public confession of sin prevailed in the first Salem church, and thereafter lasted in New England, in modified form for two centuries. Biblical authority for this custom was claimed to rest in certain verses of the eighteenth chapter of the gospel by St. Matthew.

Mr. Charles Francis Adams, in his paper entitled _Some Phases of Morality and Church Discipline in New England_, gives many examples of public confession of sin and public reprimand in the Braintree meeting-house. Manuscript church records which I have examined afford scores, almost hundreds of other examples.

In earliest times, in New England as in Virginia a white robe or white sheet was worn by the offender.

In 1681 two Salem women, wrapped in white, were set on stools "in the middle alley" of the meeting-house through the long service; having on their heads a paper bearing the name of their crime. In 1659 William Trotter of Newbury, Massachusetts, for his slanderous speeches was enjoined to make "publick acknowledgement" in the church on a lecture-day. On the 20th of September, 1667, Ellinor Bonythorne of York, Maine, was sentenced "to stand 3 Sabbath dayes in a white sheet in the meeting-house." Another Maine woman, Ruth, the wife of John Gouch, being found guilty of a hateful crime was ordered "to stand in a white sheet publickly in the Congregation at Agamenticus two several Sabbath days, and likewise one day in the General Court."

These scenes were not always productive of true penitence. This affair happened in the Braintree church in 1697, and many others might be cited.

"Isaac Theer was called forth in public, moved pathetically to acknowledge his sin and publish his repentance, who came down and stood against the lower end of the fore seat after he had been prevented by our shutting the east door from going out. Stood impudently and said indeed he owned the sin of stealing and was heartily sorry for it, begged pardon of God and men, and hoped he should do so no more, which was all he would be brought unto, saying his sin was already known; all with a remisse voice so few could hear him. The Church gave their judgment against him that he was a notorious scandalous sinner, and obstinately impenitent. And when I was proceeding to spread before him his sin and wickedness, he, as tis probable, guessing what was like to follow, turned about to goe out, and being desired and charged to tarry and know what the church had to say, he flung out of doors with an insolent manner though silent."