From the Boston Chronicle, November 20, 1769:
“We learn 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.”
The use of the pillory in New England extended into this century. On the 15th of January, 1801, one Hawkins, for the crime of forgery, stood for an hour in a pillory in Salem, and had his ears cropped. The pillory was in use in Boston, certainly as late as 1803. In March of that year the brigantine “Hannah” was criminally sunk at sea by its owner Robert Pierpont and its master H. R. Story, to defraud the underwriters. The two criminals were sentenced after trial to stand one hour in the pillory in State Street on two days, be confined in prison for two years and pay the costs of the prosecution. As this case was termed “a transaction exceeding in infamy all that has hitherto appeared in the commerce of our country,” this sentence does not seem severe.
The pillory lingered long in England. Lord Thurlow was eloquent in its defence, calling it “the restraint against licentiousness provided by the wisdom of past ages.” In 1812 Lord Ellenborough, equally warm in his approval and endorsement, sentenced a blasphemer to the pillory for two hours, once each month, for eighteen months; and in 1814 he ordered Lord Cochrane, the famous sea-fighter of Brasque Roads fame, to be set in the pillory for spreading false news. But Sir Francis Burdett declared he would stand on the pillory by Lord Cochrane’s side, and public opinion was more powerful than the Judge. By this time the pillory was rarely used save in cases of perjury. As late as 1830 a man was pilloried for that crime. In 1837 the pillory was ordered to be abandoned, by Act of Parliament; and in 1832 it was abolished in France.
V
PUNISHMENTS OF AUTHORS AND BOOKS
The punishments of authors deserve a separate chapter; for since the days of Greece and Rome their woes have been many. The burning of condemned books begun in those ancient states. In the days of Augustus no less than twenty thousand volumes were consumed; among them, all the works of Labienus, who, in despair thereat, refused food, pined and died. His friend Cassius Severus, when he heard sentence pronounced, cried out in a loud voice that they must burn him also if they wished the books to perish, as he knew them all by heart.
The Bible fed the flames by order of Dioclesian. And in England the public hangman warmed his marrow at both literary and religious flames. Bishop Stockesly caused all the New Testament of Tindal’s translation to be openly burnt in St. Paul’s churchyard. On August 27, 1659, Milton’s books were burnt by the hangman; Marlow’s translations kept company. These vicarious sufferings were as nothing in the recital of the author’s woes, for the sight of an author or a publisher with his ear nailed to a pillory was too common to be widely noted, for anyone who printed without permission could, by the law of the land, be thus treated; when the author was released, if his bleeding ear was left on the pillory, that did not matter. The rise of the Puritans and their public expression of faith is marked by most painful episodes for those unterrified men. Dr. Leighton, who wrote Zion’s Plea Against Prelacy, paid dearly for calling the Queen a daughter of Heth, and Episcopacy satanical. He was degraded from the ministry, pilloried, branded, whipped, his ear was cut off, his nostril slit; he was fined £10,000 and languished eleven years in prison, only to be told on his tardy release, with the irony of fate, that his mutilation and imprisonment had been illegal.
In 1664 Benjamin Keach, a Baptist minister, was arraigned for writing and publishing a seditious book. His arrest was brought about by another minister named Disney, who, as his fellow-countrymen would say, “sings small” in the matter. Disney wrote “to his honoured friend Luke Wilkes, esqre, at Whitehall, with speed, these presents”:
“Honour’d Sir And Loving Brother:
This Primmer owned by Benjamin Keach as the Author and bought by my man George Chilton for five pence of Henry Keach of Stableford Mill neare me, a miller; who then sayd that his brother Benjamin Keach is author of it, and that there are fiveteen hundred of them printed. This Benjamin Keach is a Tayler, and one that is a teacher in this new-fangled-way and lives at Winslow a market town in Buckinghamshire. Pray take some speedie course to acquaint my Lord Archbishop his Grace with it, whereby his authoritye may issue forth that ye impression may be seized upon before they be much more dispersed to ye poisoning of people; they containing (as I conceive) schismaticall factions and hereticall matter. Some are scattered in my parish, and perchance in no place sooner because he hath a sister here and some others of his gang, two whereof I have bought up. Pray let me have your speedie account of it. I doubt not but it will be taken as acceptable service to God’s church and beleeve it a very thankeful obligement to
Honoured Sir,
Your truely Loving Brother,”
Thomas Disney.
As a result of Disney’s neighborly and zealous offices, Benjamin Keach was thus sentenced:
“That you shall go to gaol for a fortnight without bail or mainprise; and the next Saturday to stand upon the pillory at Ailsbury for the space of two hours, from eleven o’clock to one, with a paper on your head with this inscription: For writing, printing and publishing a schismatical book, entitled ‘The Child’s Instructor; or, a New and Easy Primmer.’ And the next Thursday so stand, and in the same manner and for the same time, in the market of Winslow; and there your book shall be openly burnt before your face by the common hangman, in disgrace to you and your doctrine. And you shall forfeit to the King’s Majesty the sum of £20, and shall remain in gaol till you find securities for your good behaviour and appearance at the next assizes, there to renounce your doctrine and to make such public submission as may be enjoined you.”
Keach stood twice with head and hands set in the pillory, and his book was burnt, and his fine was paid; but never was he subdued, and never did he make recantation.
Pope wrote a well-known, oft-quoted, yet false line:
“Earless on high stood unabashed De Foe.”
The great Daniel De Foe did stand on high on a pillory, but he was not earless. He was by birth and belief a Dissenter, and he wrote a severe satire against the Church party, entitled The Shortest Way with the Dissenters, which so ironically, and with such apparent soberness, reduced the argument of the intolerant to an absurdity, that for a short time it deceived zealous church-folk, who welcomed and praised it, but who turned on him with redoubled hatred when they finally perceived the satire. It was termed a scandalous and seditious pamphlet, and fifty pounds reward was offered for him. He was arrested, tried, pilloried in three places, and imprisoned for a year; but the Queen paid his fine for his release from prison, and his pillory was hung with garlands of flowers, and his health was drunk, and scraps of his vigorous doggerel from his Hymn to the Pillory passed from lip to lip.
“Men that are men in thee can feel no pain
And all thy insignificants disdain
Contempt that false new word for shame
Is, without crime, an empty name.
The first intent of laws
Was to correct the effect and check the cause
And all the ends of punishment
Were only future mischiefs to prevent.
But justice is inverted when
Those engines of the law
Instead of pinching vicious men
Keep honest ones in awe.”
Williams, the bookseller, set in the pillory in the year 1765 for republishing the North Briton was also treated with marks of consideration and kindness. He held a sprig of laurel in his hand as he stood, and a purse of two hundred guineas for his benefit was collected in the crowd.
As times changed, so did opinions. The Bishop of Rochester denounced Martin Luther and all his works, and Luther’s books were burned in the public squares. Puritan publications by the hundreds fed the flames; Quaker and Baptist books took their turns. Then the Parliamentary soldiers burned the Book of Common Prayer. In France, in the year 1790, the monasteries were ransacked and their books burned. In Paris eight hundred thousand were burned; in all France over four million: of these twenty-six thousand were in manuscript.
Crossing the Atlantic to a land void of printing presses could not silence Puritan authors. They still had pen and ink, and manuscripts could be sent back across the ocean to a land full of presses and type.
A rather amusing episode of early Massachusetts history anent authors happened in 1634, as may be found in Volume I, page 137, of the Colonial Records.
“Whereas Mr. Israel Stoughton hath written a certain book, which hath occasioned much trouble and offence to the Court; the said Mr. Stoughton did desire of the court, that the said book might be burnt, as being weak and offensive.”
Such extraordinary and unparalleled modesty on the part of an author did not save Mr. Stoughton’s bacon, for he was disabled from holding any office in the commonwealth for the space of three years. Winthrop said he used “weak arguments,” all of which did not prevent his being a brave soldier in the Pequot Wars, and serving as a colonel in the Parliamentary army in England.
A fuller account of the trials of a Puritan author in a new land is told through notes taken from the court records. First may be given a declaration of the Court:
“The Generall Court, now sittinge at Boston, in New England, this sixteenth of October, 1650. There was brought to or hands a booke writen, as was therein subscribed, to William Pinchon, Gent, in New England, entituled The Meritorious Price of or Redemption, Justifycation, &c. clearinge it from some common Errors &c. which booke, brought ouer hither by a shippe a few dayes since and contayninge many errors & heresies generally condemned by all orthodox writers that we haue met with and haue judged it meete and necessary, for vindicatio of the truth, so far as in vs lyes, as also to keepe & pserue the people here committed to or care & trust in the true knowledge & faythe of or Lord Jesus Christ, & of or owne redemption by him, and likewise for the clearinge of orselves to or Christian brethren & others in England, (where this booke was printed & is dispersed), hereby to ptest or innocency, as being neither partyes nor priuy to the writinge, composinge, printinge, nor diuulging thereof; but that, on the contrary, we detest & abhorre many of the opinions & assertions therein as false, eronyous, & hereticall; yea, & whatsoeuer is contayned in the sd booke which are contrary to the Scriptures of the Old & New Testament, & the generall received doctrine of the orthodox churches extant since the time of the last & best reformation & for proffe and euidence of or sincere & playne meaninge therein, we doe hereby condemne the sd booke to be burned in the market place, at Boston, by the common executionor, & doe purpose with all convenient speede to convent the sd William Pinchon before authority, to find out whether the sd William Pinchon will owne the sd booke as his or not; which if he doth, we purpose (Gd willinge) to pceede with him accordinge to his demerits, vnles he retract the same, and giue full satisfaction both here & by some second writinge to be printed and dispersed in England; all of which we thought needfull, for the reasons aboue aleaged, to make knowne by this short ptestation & declaration. Also we further purpose, with what convenient speede we may, to appoynt some fitt psn to make a pticuler answer to all materiall & controuersyall passages in the sd booke, & to publish the same in print, that so the errors & falsityes therein may be fully discoued, the truth cleared, & the minds of those that loue & seeke after truth confirmed therein p curia.”
“It is agreed vppon by the whole Court, that Mr. Norton, one of the reuend elders of Ipswich, should be intreated to answer Mr. Pinchon’s booke with all convenient speed.”
The sentence of this book to be burned by the common hangman was changed to be burned by some person appointed to the duty who would consent to perform it. It was not always easy to get a hangman.
In 1684 a man in Maryland “of tender years” was convicted of horse-stealing and sentenced to death. A “private and secret” pardon was issued by the Assembly, but he was given no knowledge of it until he was conveyed to the place of execution and the rope placed round his neck, when he was respited on condition that he would perform the part for life of common hangman, which he did.
The hangman was usually some respited prisoner under sentence of death. In some shires in England, he had to be hung at last himself, else the power of possessing a hangman lapsed from the town. One hangman, mortally sick, was bolstered up by his friends with a shoemaker’s bench and kit in front of him, pretending to work, and when the sheriffs came to seize him and carry him to the gallows, he did not seem very sick and they left the house without him. He died that night peaceably in bed. All these doings seem too barbarous for civilized England.
Thomas Maule was a Salem Quaker and an author. His book was ordered to be burned in 1695 in Boston market place. The diary of the Reverend Dr. Bentley says of him:
“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 wth notorious lyes and scandals, and he recognizes to 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, 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.”
In 1654 the writings of John Reeves and Ludowick Muggleton, self-styled prophets, were burned in Boston market-place by that abhorred public functionary the hangman. Other Quaker books were similarly burned, and John Rogers of New London, who hated the Quakers, but whom the Boston magistrates persisted in regarding and classifying as a Quaker, had to see his books perish in the flames in company with Quaker publications. In 1754 a pamphlet called The Monster of Monsters, a sharp criticism on the Massachusetts Court which caused much stir in provincial political circles, was burned by the hangman in King Street, Boston. We learn from the Connecticut Gazette that about the same time another offending publication was sentenced to be “publickly whipt according to Moses Law, with forty stripes save one, and then burnt.” The true book-lover winces at the thought of the blood-stained hands of the hangman on any book, even though a “Monster.”
VI
THE WHIPPING-POST
John Taylour, the “Water-Poet,” wrote in 1630:
“In London, and within a mile, I ween
There are jails or prisons full fifteen
And sixty whipping-posts and stocks and cages.”
Church and city records throughout England show how constantly these whipping-posts were made to perform their share of legal and restrictive duties. In the reign of Henry VIII a famous Whipping Act had been passed by which all vagrants were to be whipped severely at the cart-tail “till the body became bloody by reason of such whipping.” This enactment remained in force nearly through the reign of Elizabeth, when the whipping-post became the usual substitute for the cart, but the force of the blows was not lightened.
The poet Cowper has left in one of his letters an amusing account of a sanguinary whipping which he witnessed. The thief had stolen some ironwork at a fire at Olney in 1783, and had been tried, and sentenced to be whipped at the cart-tail.
“The fellow seemed to show great fortitude, but it was all an imposition. The beadle who whipped him had his left hand filled with red ochre, through which, after every stroke, he drew the lash of the whip, leaving the appearance of a wound upon the skin, but in reality not hurting him at all. This being perceived by the constable who followed the beadle to see that he did his duty, he (the constable) applied the cane without any such management or precaution to the shoulders of the beadle. The scene now became interesting and exciting. The beadle could by no means be induced to strike the thief hard, which provoked the constable to strike harder; and so the double flogging continued until a lass of Silver End, pitying the pityful beadle thus suffering under the hands of the pityless constable, joined the procession, and placing herself immediately behind the constable seized him by his capillary pigtail, and pulling him backwards by the same, slapped his face with Amazonian fury. This concentration of events has taken more of my paper than I intended, but I could not forbear to inform you how the beadle thrashed the thief, the constable the beadle, and the lady the constable, and how the thief was the only person who suffered nothing.”
As a good, sound British institution, and to have familiar home-like surroundings in the new strange land, the whipping-post was promptly set up, and the whip set at work in all the American colonies. In the orders sent over from England for the restraint of the first settlement at Salem, whipping was enjoined, “as correccon is ordaned for the fooles back” – and fools’ backs soon were found for the “correccon”; tawny skins and white shared alike in punishment, as both Indians and white men were partakers in crime. Scourgings were sometimes given on Sabbath days and often on lecture days, to the vast content and edification of Salem folk.
The whipping-post was speedily in full force in Boston. At the session of the court held November 30, 1630, one man was sentenced to be whipped for stealing a loaf of bread; another for shooting fowl on the Sabbath, another for swearing, another for leaving a boat “without a pylott.” Then we read of John Pease that for “stryking his mother and deryding her he shalbe whipt.”
In 1631, in June, this order was given by the General Court in Boston:
“That Philip Ratcliffe shall be whipped, have his eares cutt off, fined 40 pounds, and banished out of the limits of this jurisdiction, for uttering malicious and scandalous speeches against the Government.”
Governor Winthrop added to his account of this affair that Ratcliffe was “convict of most foul slanderous invectives against our government.” This episode and the execution of this sentence caused much reprehension and unfavorable comment in England, where, it would seem, whipping and ear-lopping were rife enough to be little noted. But the mote in our brother’s eye seemed very large when seen across the water. Anent it, in a letter written from London to the Governor’s son, I read: “I have heard divers complaints against the severity of your government, about cutting off the lunatick man’s ears and other grievances.”
In 1630 Henry Lynne of Boston was sentenced to be whipped. He wrote to England “against the government and execution of justice here,” and was again whipped and banished. Lying, swearing, taking false toll, perjury, selling rum to the Indians, all were punished by whipping.
Pious regard for the Sabbath was fiercely upheld by the support of the whipping-post. In 1643 Roger Scott, for “repeated sleeping on the Lord’s Day” and for striking the person who waked him from his godless slumber was sentenced to be severely whipped.
Women were not spared in public chastisement. “The gift of prophecy” was at once subdued in Boston by lashes, as was unwomanly carriage. On February 30, 1638, this sentence was rendered:
“Anne ux. Richard Walker being cast out of the church of Boston for intemperate drinking from one inn to another, and for light and wanton behavior, was the next day called before the governour and the treasurer, and convict by two witnesses, and was stripped naked one shoulder, and tied to the whipping-post, but her punishment was respited.”
Every year, every month, and in time every week, fresh whippings followed. No culprits were, however, to be beaten more than forty stripes as one sentence; and the Body of Liberties decreed that no “true gentleman or any man equall to a gentleman shall be punished with whipping unless his crime be very shameful and his course of life vitious and profligate.” In pursuance of this notion of the exemption of the aristocracy from bodily punishment, a Boston witness testified in one flagrant case, as a condonement of the offense, that the culprit “had been a soldier and was a gentleman and they must have their liberties,” and he urged letting the case default, and to “make no uprore” in the matter. The lines of social position were just as well defined in New England as in old England, else why was one Mr. Plaistowe, for fraudulently obtaining corn from the Indians, condemned as punishment to be called Josias instead of Mr. as heretofore? His servant, who assisted in the fraud, was whipped. A Maine man named Thomas Taylour for his undue familiarity shown in his “theeing and thouing” Captain Raynes was set in the stocks.
Slander and name-calling were punished by whipping. On April 1, 1634, John Lee “for calling Mr. Ludlowe false-heart knave, hard-heart knave, heavy ffriend shalbe whipt and fyned XIs.” Six months later he was again in hot water:
“John Lee shalbe whipt and fyned for speaking reproachfully of the Governor, saying hee was but a lawyer’s clerk, and what understanding hadd hee more than himselfe, also takeing the Court for makeing lawes to picke men’s purses, also for abusing a mayd of the Governor, pretending love in the way of marriage when himselfe professed hee intended none.”
In the latter clause of this count against John Lee doubtless lay the sting of his offenses. For Governor Winthrop was very solicitous of the ethics of love-making, and to deceive the affections of one of his fen-county English serving-lasses was to him without doubt a grave misdemeanor.
Those harmless and irresponsible creatures, young lovers, were menaced with the whip. Read this extract from the Plymouth Laws, dated 1638:
“Whereas divers persons unfit for marriage both in regard of their yeong yeares, as also in regarde of their weake estate, some practiseing the inveagling of men’s daughters and maids under gardians contrary to their parents and gardians likeing, and of maide servants, without the leave and likeing of their masters: It is therefore enacted by the Court that if any shall make a motion of marriage to any man’s daughter or mayde servant, not having first obtayned leave and consent of the parents or master soe to doe, shall be punished either by fine or corporall punishment, or both, at the discretions of the bench, and according to the nature of the offense.”
The New Haven Colony, equally severe on unlicensed lovemaking, specified the “inveagling,” whether done by “speech, writing, message, company-keeping, unnecessary familiarity, disorderly night meetings, sinfull dalliance, gifts or, (as a final blow to inventive lovers) in any other way.”
The New Haven magistrates had early given their word in favor of a whipping-post, in these terms:
“Stripes and whippings is a correction fit and proper in some cases where the offense is accompanied with childish or brutish folly, or rudeness, or with stubborn insolency or bestly cruelty, or with idle vagrancy, or for faults of like nature.”
In the “Pticuler” Court of Connecticut this entry appears. The “wounding” was of the spirit not of the body:
“May 12, 1668. Nicholas Wilton for wounding the wife of John Brooks, and Mary Wilton the wife of Nicholas Wilton, for contemptuous and reproachful terms by her put on one of the Assistants are adjudged she to be whipt 6 stripes upon the naked body next training day at Windsor and the said Nicholas is hereby disfranchised of his freedom in this Corporation, and to pay for the Horse and Man that came with him to the Court to-day, and for what damage he hath done to the said Brooks His wife, and sit in the stocks the same day his wife is to receive her punishment.”
In New York a whipping-post was set up on the strand, in front of the Stadt Huys, under Dutch rule, and sentences were many. A few examples of the punishment under the Dutch may be given. A sailmaker, rioting in drink around New Amsterdam cut one Van Brugh on the jaw. He was sentenced to be fastened to a stake, severely scourged and a gash made in his left cheek, and to be banished. To the honor of Vrouw Van Brugh let me add that she requested the court that these penalties should not be carried out, or at any rate done in a closed room. One Van ter Goes for treasonable words of great flagrancy was brought with a rope round his neck to a half-gallows, whipped, branded and banished. Roger Cornelisen for theft was scourged in public, while Herman Barenson, similarly accused was so loud in his cries for mercy that he was punished with a rod in a room. From a New York newspaper, dated 1712, I learn that one woman at the whipping-post “created much amusement by her resistance” – which statement throws a keen light on the cold-blooded and brutal indifference of the times to human suffering.
May 14, 1750, New York Gazette.
“Tuesday last one David Smith was convicted in the Mayor’s Court of Taking or stealing Goods off a Shop Window in this City, and was sentenced to be whipped at the Carts Tail round this Town and afterwards whipped at the Pillory which sentence was accordingly executed on him.”
In the same paper, date October 2, 1752, an account is given of the pillorying of a boy for picking pockets and the whipping of an Irishman for stealing deerskins. Another man was “whipt round the city” for stealing a barrel of flour. In January, 1761, four men for “petty larceny” were whipped at the cart-tail round New York.
In 1638 a whipping post was set up in Portsmouth, New Hampshire, as a companion to the cage. For “speaking opprobriously,” and even for “suspitious speeches,” New Haven citizens were whipped at the “carts podex.”
Rhode Island even under the tolerant and gentle Roger Williams had no idle whip. “Larcenie,” drunkenness, perjury, were punished at the whipping-post. In Newport malefactors were whipped at the cart-tail until this century. Mr. Channing tells of seeing them fastened to the cart and being thus slowly led through the streets to a public spot where they were whipped on the naked back. Women were at that time whipped in the jail-yard with only spectators of their own sex.
In Plymouth women were whipped at the cart-tail, and the towns resounded with the blows dealt out to Quakers. In 1636, on a day in June, one Helin Billinton, was whipped in Plymouth for slander.
There was a whipping-post on Queen Street in Boston, another on the Common, another on State Street, and they were constantly in use in Boston in Revolutionary times. Samuel Breck wrote of the year 1771:
“The large whipping-post painted red stood conspicuously and prominently in the most public street in the town. It was placed in State Street directly under the windows of a great writing school which I frequented, and from there the scholars were indulged in the spectacle of all kinds of punishment suited to harden their hearts and brutalize their feelings. Here women were taken in a huge cage in which they were dragged on wheels from prison, and tied to the post with bare backs on which thirty or forty lashes were bestowed among the screams of the culprit and the uproar of the mob.”