Part 1
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_THE OLDEN-TIME SERIES._
16mo. Per vol., 50 cents.
There appears to be, from year to year, a growing popular taste for quaint and curious reminiscences of "Ye Olden Time," and to meet this, Mr. Henry M. Brooks has prepared a series of interesting handbooks. The materials have been gleaned chiefly from old newspapers of Boston and Salem, sources not easily accessible, and while not professing to be history, the volumes contain much material for history, so combined and presented as to be both amusing and instructive. The titles of some of the volumes indicate their scope and their promise of entertainment:--
CURIOSITIES OF THE OLD LOTTERY.
DAYS OF THE SPINNING-WHEEL.
SOME STRANGE AND CURIOUS PUNISHMENTS.
QUAINT AND CURIOUS ADVERTISEMENTS.
LITERARY CURIOSITIES.
NEW-ENGLAND SUNDAY, ETC.
"It has been the good fortune of the writer to be allowed a peep at the manuscript for this series, and he can assure the lovers of the historical and the quaint in literature that something both valuable and pleasant is in store for them. In the specialties treated of in these books Mr. Brooks has been for many years a careful collector and student, and it is gratifying to learn that the material is to be committed to book form."--_Salem Gazette._
_For sale by all Booksellers. Sent, post-paid, upon receipt of price. Catalogues of our books mailed free._
TICKNOR & CO., BOSTON.
THE OLDEN TIME SERIES
SOME STRANGE AND CURIOUS PUNISHMENTS
_Yet, taught by time, my heart has learned to glow For others' good, and melt at others' woe._
POPE: Odyssey.
_But hushed be every thought that springs From out the bitterness of things._
WORDSWORTH.
THE OLDEN TIME SERIES.
GLEANINGS CHIEFLY FROM OLD NEWSPAPERS OF BOSTON AND SALEM, MASSACHUSETTS
SELECTED AND ARRANGED, WITH BRIEF COMMENTS
BY
HENRY M. BROOKS
Some Strange and Curious Punishments
"Old and new make the warp and woof of every moment. There is no thread that is not a twist of these two strands. By necessity, by proclivity, and by delight, we all quote."--EMERSON
BOSTON TICKNOR AND COMPANY 1886
_Copyright, 1886_, BY TICKNOR AND COMPANY.
_All rights reserved._
University Press: JOHN WILSON AND SON, CAMBRIDGE.
PUNISHMENTS MENTIONED.
PAGE
ARREST of the dead 86
BACK "dress'd" 63
Banished 10
Books burned 15, 16
Bound and chained 8
Branded with a hot iron 2, 3, 43
Burned 83
CLEFT stick put on tongue 8
Confined at Castle Island 5, 48
EARS cropped 3, 10, 24
Eating one's own words 67
Executed (of frequent mention).
FINE and imprisonment (of frequent mention).
GAGGED and dipped or ducked (of frequent mention).
HUNG in chains 14, 15
IMPRISONMENT for debt 70, 71
In the bilboes 35
In the pillory (of frequent mention).
In the stocks 35
In the stocks on lecture-day 8
"KISSING the Yssrow" 44
LIMITS of the jail 70, 71
PAPER on the breast with the word _Cheat_ 33
Prisoners sold 21, 22, 47, 48, 49
Prosecution against animals 78
SENT back to England 51
Sent to Castle Island to make nails 65
Sewed up in bed-clothes and thrashed 68
TIED neck and heels and thrown into a pond 28
Tied to a gun and whipped 20
Tied to a tree and chastised 81
Tongue bored with a hot iron 20
Tread-mill 71 to 76
UPON the gallows with rope about the neck (of frequent mention).
WHIPPED at the cart's tail 1, 9
Whipping-post (of frequent mention).
SOME STRANGE AND CURIOUS PUNISHMENTS.
In the month of January, 1761, "Joseph Bennett, John Jenkins, Owen McCarty, and John Wright were publickly whipt at the Cart's Tail thro' the City of New York for petty Larceny,"--so the newspaper account states,--"pursuant to Sentence inflicted on them by the Court of Quarter Sessions held last Week for the Trial of Robbers," etc. In March the same year "One Andrew Cayto received 49 Stripes at the public Whipping Post" in Boston "for House-robbing; viz., 39 for robbing one House, and 10 for robbing another." In 1762 "Jeremiah Dexter, of Walpole, pursuant to Sentence, stood in the Pillory in that Town the space of one Hour for uttering two Counterfeit Mill'd Dollars, knowing them to be such." At Ipswich, Mass., June 16, 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 about his Neck, to be whipt 30 Stripes, and pay treble Damages. He says he was born in Lisbon, and has been a great Thief."
We extract the following from the "Boston Chronicle," Nov. 20, 1769:--
We hear from Worcester that on the eighth instant one Lindsay stood in the Pillory there one hour, after which he received 30 stripes at the public whipping post, and was then branded in the hand; his crime was forgery.
Lindsay was probably branded with the letter F, by means of a hot iron, on the palm of his right hand; this was the custom in such cases.
In Boston, in June, 1762, "the noted Dr. Seth Hudson and Joshua How stood a second Time in the Pillory for the space of one Hour, and the former received 20 and the latter 39 Stripes." In the same town in February, 1764, "one David Powers for Stealing was sentenced to be whip't 20 Stripes, to pay tripel Damages, being £30, and Costs. And one John Gray, Cordwainer, for endeavouring to spread the Infection of the Small Pox, was sentenced to pay a Fine of £6, to suffer three months' Imprisonment, and to pay Costs." In New York in January, 1767, "A Negro Wench was executed for stealing sundry Articles out of the House of Mr. Forbes; and one John Douglass was burnt in the Hand for Stealing a Copper Kettle." In the last half of the eighteenth century it appears to have been a capital crime for negroes to steal. At Springfield, Mass., in October, 1767, "one Elnathan Muggin was found Guilty of passing Counterfeit Dollars, and sentenced to have his Ears cropped," etc. On reading these quaint accounts we are led to inquire whether the punishment for crime in "olden times" was more severe than at the present time. Many people think it was, and justly so, and argue that crime has consequently greatly increased of late years, on account of the lightness of modern sentences or the uncertainty about punishment. This may be true. Crime is said to increase with population always. According to Mr. Buckle, it can be calculated with a considerable degree of accuracy. We can estimate, for instance, the probable number of murders which will take place in a year in a given number of inhabitants. Whether this theory is true or not would require a vast amount of study and observation to determine. We know that population in our time crowds in cities; especially is this true of the classes most likely to furnish criminals. Still, in spite of this, do not most of us feel that it has of late years been rather safer to reside in a city than in the country? Consider the numbers of lawless and too often cruel tramps which have overrun the country towns and villages for a few years past, making it so unsafe for women to walk unattended in woods and highways, even in the quietest parts of New England, where once they could go with perfect safety alone and at all hours. No laws can be too severe against _cruel_ tramps. It has been affirmed that people who live in cities are in reality more moral than country people of the same class.
Is this state of things brought about by the infliction of light sentences, or is it caused by the increase among us of a bad foreign element? We have heard many serious and humane persons express themselves as in favor of a restoration of the whipping-post and stocks, really supposing that these things would lessen crime. But is it likely that the old methods of punishment would be considered by criminals themselves as severer than the present? Let us see what some of the last century rogues thought about the matter. At a session of the Supreme Judicial Court held at Salem, Mass., in December, 1788, one James Ray was sentenced, for stealing goods from the shop of Captain John Hathorne (a relative of Nathaniel Hawthorne), to sit upon the gallows with a rope about his neck for an hour, to be whipped with thirty-nine stripes, and to be confined to hard labor on Castle Island (Boston Harbor) for three years. "It is observable of this man," the account continues, "that he has been lately released from a two years' service at the Castle, that during the trial he was very merry and impudent, and continued in the same humor while his sentence was reading, holding up his head and looking boldly at the Court, till the three years' confinement was mentioned; when his countenance changed, his head dropped on his breast, and he fetched a deep groan,--an instance of how much more dreadful the idea of labor is to such villains than that of Corporal punishment."
At a session of the Court of Oyer and Terminer held at Norristown, Pa., for the county of Montgomery, Oct. 11, 1786, we are furnished with a case in point. "A bill was presented against Philip Hoosnagle for burglary, who was convicted by the traverse Jury on the clearest testimony. He was, after a very pathetick and instructing admonition from the bench, sentenced to five years' hard labour, under the _new_ act of Assembly. It was with some difficulty that this reprobate was prevailed upon to make the election of labour instead of the halter, ... a convincing proof," the report says, "that the punishments directed by the new law are more terrifying to idle vagabonds than all the horrors of an ignominious death."
Probably there are many more cases on record where criminals preferred death to imprisonment. Burglary and forgery were once punished by death. We have all noticed on the old Continental currency these words: "Death to counterfeit this."
On the 17th June, 1791, Samuel Cook, in the eighty-fourth year of his age, was executed at Johnstown, N.Y., for forgery. On the 6th December, 1787, William Clarke was executed at Northampton for burglary; the same day Charles Rose and Jonathan Bly were executed at Lenox for robbery. On the 4th May, 1786, at Worcester, Johnson Green, indicted for three burglaries committed in one night within the space of about half a mile, was tried on one indictment, convicted, and received sentence of death. The papers contain numerous similar cases. It would be useless to enumerate them all; we give only a few in order to show what the punishment formerly awarded to these crimes really was. We do not, of course, know the circumstances attending all these cases; but robbery and burglary are usually premeditated, and the criminals are prepared to commit murder if it should be necessary for their purpose, so that we can have no sympathy with the perpetrators. Our sympathy ought, we think, to go to the victims.
OLD NEW ENGLAND.
Early in the settlement of New England, as is pretty generally known, some of the laws and punishments were singular enough. A few extracts from Felt's "Annals of Salem" may not be out of place here, as illustrating our subject:--
"In 1637, Dorothy Talby, for beating her husband, is _ordered to be bound and chained to a post_."
"In 1638, the Assistants order two Salem men to _sit in the Stocks, on Lecture day_, for travelling on the Sabbath."
"In 1644, Mary, wife of Thomas Oliver, was sentenced _to be publickly whipped_ for reproaching the Magistrates."
"In August, 1646, for slandering the Elders, she had a _cleft stick put on her tongue for half an hour_." Felt says: "It is evident that her standing out for what she considered 'woman's rights' brought her into frequent and severe trouble. Mr. Winthrop says that she excelled Mrs. Hutchinson in zeal and eloquence."
She finally, in 1650, left the colony, after having caused much trouble to the Church and the authorities.
"In 1649, women were prosecuted in Salem for scolding," and probably in many cases whipped or ducked.
"May 15, 1672, 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."
This treatment we should suppose would be likely to make the victims _very pleasant_, especially in cold weather.
"May 3, 1669, Thomas Maule is ordered to be whipped for saying that Mr. Higginson preached lies, and that his instruction was 'the doctrine of devils.'"
Josiah Southwick, Mrs. Wilson, Mrs. Buffum, and others, Quakers, for making disturbances in the meeting-house, etc., were whipped at the cart's tail through the town. Southwick, for returning after having been banished, was whipped through the towns of Boston, Roxbury, and Dedham. These are only a few of the cases of the punishments inflicted upon the Quakers. Mr. Felt says in reference to the persecution of the Quakers:
"Before any new denomination becomes consolidated, some of its members are apt to show more zeal than discretion. No sect who are regular and useful should have an ill name for the improprieties committed by a few of them."
Our "pious forefathers," we must confess, were too apt to be a little hard towards those who annoyed them with their tongue and pen upon Church doctrine and discipline or the administration of the government. As early as 1631, one Philip Ratclif is sentenced by the Assistants to pay £40, to be whipped, to have his ears cropped, and to be banished. What had he done to merit such a punishment as this? He had made "hard speeches against Salem Church, as well as the Government." "The execution of this decision," Mr. Felt says, "was represented in England to the great disadvantage of Massachusetts." Jeffries was not yet on the bench in England.
In 1652 a man was fined for excess of apparel "in bootes, rebonds, gould and silver lace."
Mr. Charles W. Palfrey contributed in 1866 to the "Salem Register" the following interesting item on the Salem witchcraft trials:
Among the many attempts to remedy the mischiefs caused by the witchcraft delusion, the subjoined is not without interest. About eighteen years after the memorable year, 1692, four members, a committee of the Legislature, were sent to Salem to hear certain parties and receive certain petitions, and the following is the record, in the Journal, of their Report:--
October 26, 1711. Present in Council, His Excellency Joseph Dudley, Esqr., Governor, John Hathorne, Samuel Sewall, Jonathan Corwin, Joseph Lynde, Penn Townsend, John Higginson, Daniel Epes, Andrew Belcher, etc., etc.
Report of the Committee appointed, Relating to the Affair of Witchcraft in the year 1692; viz.--
We whose Names are subscribed in Obedience to your Honours' Act at a Court held the last of May, 1710, for our inserting the Names of the several Persons who were condemned for Witchcraft in the year 1692, & of the Damages they sustained by their prosecution; Being met at Salem, for the Ends aforesaid, the 13th Septem., 1710, Upon Examination of the Records of the several Persons condemned, Humbly offer to your Honours the Names as follows, to be inserted for the Reversing their Attainders: Elizabeth How, George Jacob, Mary Easty, Mary Parker, Mr. George Burroughs, Gyles Cory & Wife, Rebecca Nurse, John Willard, Sarah Good, Martha Carrier, Samuel Wardel, John Procter, Sarah Wild, Mary Bradbury, Abigail Falkner, Abigail Hobbs, Ann Foster, Rebecca Eams, Dorcas Hoar, Mary Post, Mary Lacy:
And having heard the several Demands of the Damages of the aforesaid Persons & those in their behalf; & upon Conference have so moderated their respective Demands that We doubt not but they will be readily complied with by your Honours.
Which respective Demands are as follows:--
Elizabeth How, Twelve Pounds; George Jacob, Seventy nine Pounds; Mary Easty, Twenty Pounds; Mary Parker, Eight Pounds; Mr. George Burroughs, Fifty Pounds; Gyles Core & Martha Core his Wife, Twenty one Pounds; Rebecca Nurse, Twenty five Pounds; John Willard, Twenty Pounds; Sarah Good, Thirty Pounds; Martha Carrier, Seven Pounds six shillings; Samuel Wardell & Sarah his Wife, Thirty six Pounds fifteen shillings; John Proctor & ---- Proctor his Wife, One Hundred and fifty Pounds; Sarah Wilde, Fourteen Pounds; Mrs. Mary Bradbury, Twenty Pounds; Abigail Faulkner, Twenty Pounds; Abigail Hobbs, Ten Pounds; Ann Foster, Six Pounds ten shillings; Rebecca Eams, Ten Pounds; Dorcas Hoar, Twenty one Pounds seventeen shillings; Mary Post Eight Pounds fourteen shillings; Mary Lacey Eight Pounds ten shillings. The Whole amounting unto Five Hundred & seventy eight Pounds, & twelve shillings.
(Sign'd) Jno. Appleton, Thomas Noyes, John Burrill, Nehem'a Jewett.
Salem, Septemr. 14, 1711.
Read & Accepted in the House of Represent'ves Signed JOHN BURRILL Speak'r
Read & Concur'd in Council Consented to J. DUDLEY.
The following quaint memorandum of the expenses of the commission is minuted in the report, viz.:--
_Ye Acct of gr servts_
Charges 3 days a peis ourselves & horses 4.0.0. Entertainment at Salem Mr. Pratts 1.3.0. Major Sewals attendans & sendg notifications to all Concerned 1.0.0. ------- £6.3.0.
It is a grave error into which many modern writers have been drawn, when alluding to Salem witchcraft, to lay the responsibility of that dire delusion entirely upon Salem people, as if they alone were to be held accountable for the dreadful occurrences of 1692. The laws of England in those days, all the authorities of New England, and, with but rare exceptions, all the people everywhere throughout the civilized world, recognized witchcraft as a fact and believed it to be a crime. The most learned men in England and in other countries believed fully in witchcraft. Sir Matthew Hale had given a legal opinion on the subject; Lord Bacon believed in witchcraft; and there are strong reasons for thinking that Shakspeare and other great men of the time of Queen Elizabeth and still later believed in it fully. Cotton Mather, Judge Sewall, Peter Sargent, Lieutenant-Governor Stoughton, all belonging to Boston, were the leaders in the proceedings against the witches of 1692.
HUNG IN CHAINS.
In the papers that we have examined we have not found any instances recorded of the old English law of hanging the remains of executed criminals in chains as having been carried into effect in our country. But from some investigations of Mr. James E. Mauran, of Newport, R.I., we learn that on March 12, 1715, one Mecum of that town was executed for murder and his body was hung in chains on Miantonomy Hill, where the remains of an Indian were then hanging, who had been executed Sept. 12, 1712. Mecum was a Scotchman, and lived at the head of Broad Street. A negro was hanged in Newport in 1679, and his remains were exposed on the same hill.
A BOOK ORDERED TO BE BURNED BY THE COUNCIL IN 1695.
The "Salem Observer" of Feb. 14, 1829, quotes from the Rev. Dr. Bentley's "Diary" as follows:--
Tho's Maule, shopkeeper of Salem, is brought before the Council to answer for his printing and publishing a pamphlet of 260 pages, entitled "Truth held forth and maintained," owns the book but will not own all, till he sees his copy which is at New-York with Bradford, who printed it. Saith he writt to ye Gov'r of N. York before he could get it printed. Book is ordered to be burnt--being stuff'd with notorious lyes and scandals, and he recognizes to answer it next Court of Assize and gen'l gaol delivery to be held for the County of Essex. He acknowledges that what was written concerning the circumstance of Major Gen. Atherton's death was a mistake (p. 112 and 113), was chiefly insisted on against him, which I believe was a surprize to him, he expecting to be examined in some point of religion, as should seem by his bringing his bible under his arm.
Thomas Maule was a Quaker who lived in Essex Street, Salem, on the spot now occupied by James B. Curwen, Esq., as a residence.
Imported books were ordered to be burned in Boston as early as 1653, by command of the General Court; but we believe this is the first instance of burning an American book.
Punishment for wearing long hair in New England. From an old Salem paper.
PURITANICAL ZEAL. It is known that there was one of the statutes in our ancestors' code which imposed a penalty for the wearing of long hair. At the time Endicott was the magistrate of this town he caused the following order to be passed:--
"John Gatshell is fyened ten shillings for building upon the town's ground without leave; and in case he shall cutt of his loung hair of his head in to sevill frame (fewell flame?) in the meane time, shall have abated five shillings his fine, to be paid in to the Towne meeting within two months from this time, and have leave to go in his building in the meantime."
Purchas says of long hair that--
"It is an ornament to the female sex, a token of subjection, an ensign of modesty; but modesty grows short in men as their hair grows long, and a neat perfumed, frizled, pouldered bush hangs but as a token,--_vini non vendibilis_, of much wine, little wit, of men weary of manhood, of civility, of christianity, which would faine turn (as the least doe imitate) American salvages, infidels, barbarians, or women at the least and best."
Prynne, who wrote in 1632, considers men who nourish their hair like women, as an abomination to the Lord, and says--
"No wonder that the wearing of long haire should make men abominable unto God himselfe, since it was an abomination even among heathen men. Witnesse the examples of Heliogabalus, Sardanapalus, Nero, Sporus, Caius Caligula, and others."
He refers to the opinions of the fathers and the decrees of the Old Councils to prove that--
"Long hair and love locks are bushes of vanity whereby the Devil leads and holds men captive."
In a Boston paper, Aug. 11, 1789, we find the following ludicrous account of the unfaithfulness of an officer in the duty of whipping a culprit:--
On Thursday, 11 culprits received the discipline of the post in this town. The person obtained by the High Sheriff to inflict the punishment, from sympathetick feeling for his brother culprits, was very tender in dealing out his strokes, and not adding weight to them, although repeatedly ordered; the Sheriff, to his honour, took the whip from his hand, by an application of it to his shoulders drove him from the stage, and with the assistance of his Deputies inflicted the punishment of the law on all the culprits. The citizens who were assembled, complimented the Sheriff with three cheers for the manly, determined manner in which he executed his duty.