The diary of a Boston school-girl of twelve, little Anna Green Winslow, written the same year as Mr. Breck’s account, gives a detailed account of the career of one Bet Smith, through workhouse and gaol to whipping-post, and thence to be “set on the gallows where she behaved with great impudence.”
Criminals were sentenced in lots. On September 9, 1787, in one Boston court one burglar was sentenced to be hanged, five thieves to be whipped, two greater thieves to be set on the gallows, and one counterfeiter set on the pillory.
Cowper’s account of the tender-hearted beadle is supplemented by a similar performance in Boston as shown in a Boston paper of August 11, 1789. Eleven culprits were to receive in one day the “discipline of the post.” Another criminal was obtained by the Sheriff to inflict the punishment, but he persisted in being “tender of strokes,” though ordered by the Sheriff to lay on. At last the Sheriff seized the whip and lashed the whipper, then turned to the row of ninepins and delivered the lashes. “The citizens who were assembled complimented the Sheriff with three cheers for the manly determined manner in which he executed his duty.”
So common were whippings in the southern colonies at the date of settlement of the country, that in Virginia even “launderers and launderesses” who “dare to wash any uncleane Linen, drive bucks, or throw out the water or suds of fowle clothes in the open streetes,” or who took pay for washing for a soldier or laborer, or who gave old torn linen for good linen, were severely whipped. Many other offenses were punished by whipping in Virginia, such as slitting the ears of hogs, or cutting off the ends of hogs’ ears – thereby removing ear-marks and destroying claim to perambulatory property – stealing tobacco, running away from home, drunkenness, destruction of land-marks; and in 1664 Major Robins brought suit against one Mary Powell for “scandalous speaches” against Rev. Mr. Teackle, for which she was ordered to receive twenty lashes on her bare shoulders and to be banished the country. Of course, for the correction of slaves the whip was in constant use till our Civil War banished slavery and the whipping-post from every state save Maryland and Delaware. This latter-named commonwealth has been much censured for countenancing the continuance of whipping as a punishment. It is, however, stiffly contended by Delaware magistrates that as a restraint over wife-beaters and other cruel and vicious criminals, the whipping post is a distinct success and of marked benefit in its influence in the community. It should also be remembered that these are not the only civilized states to approve of whipping for certain crimes. About thirty years ago, when garroting became so frequent and so greatly feared in England, the whipping-post was reestablished in England, and whipping once more became an authorized punishment.
There was one hard-hearted and unjust use of the whip which was prevalent in London and other English cities in olden times which I wish to recount with abjuration. At the time of public executions parents were wont to whip their children soundly to impress upon them a lesson of horror of the gallows. As trivial offenses, such as stealing anything in value over a shilling, were punishable by death, and capital crimes were over three hundred in number, executions were of deplorable frequency; hence the condition of children at that time was indeed pitiable. Whipped by most illogical parents, whipped by cruel teachers – even Roger Ascham used to “pinch, nip and bob” Queen Elizabeth when she was his pupil – whipped by masters, whipped by mistresses, it would seem that the moral force of the whipping-post for adults must have been very slight, after so many castigory experiences in youth.
VII
THE SCARLET LETTER
The rare genius of Hawthorne has immortalized in his Scarlet Letter one mode of stigmatizing punishment common in New England. So faithful is the presentment of colonial life shown in that book, so unerring the power and touch which drew the picture, it cannot be disputed that the atmosphere of the Scarlet Letter forms in the majority of hearts, nay, in the hearts and minds of all of our reading community, the daily life, the true life of the earliest colonists. To us the characters have lived – Hester Prynne is as real as Margaret Winthrop, Arthur Dimmesdale as John Cotton.
The glorified letter that stands out of the pages of that book had its faithful and painful prototype in real life in all the colonies; humbler in its fashioning, worn less nobly, endured more despairingly, it shone a scarlet brand on the breast of those real Hesters.
It was characteristic of the times – every little Puritan community sought to know by every fireside, to hate in every heart, any offence, great or small, which could hinder the growth and prosperity of the new abiding-place, which was to all a true home, and which they loved with a fervor that would be incomprehensible did we not know their spiritual exaltation in their new-found freedom to worship God. Since they were human, they sinned. But the sinners were never spared, either in publicity or punishment. Keen justice made the magistrates rigid and exact in the exposition and publication of crime, hence the labelling of an offender.
From the Colony Records of “New Plymouth,” dated June, 1671, we find that Pilgrim Hester Prynnes were thus enjoined by those stern moralists the magistrates:
“To wear two Capitall Letters, A. D. cut in cloth and sewed on their uppermost garment on the Arm and Back; and if any time they shall be founde without the letters so worne while in this government, they shall be forthwith taken and publickly whipt.”
Many examples could be gathered from early court records of the wearing of significant letters by criminals. In 1656 a woman was sentenced to be “whipt at Taunton and Plymouth on market day.” She was also to be fined and forever in the future “to have a Roman B cutt out of ridd cloth & sewed to her vper garment on her right arm in sight.” This was for blasphemous words. In 1638 John Davis of Boston was ordered to wear a red V “on his vpermost garment” – which signified, I fancy, viciousness. In 1636 William Bacon was sentenced to stand an hour in the pillory wearing “in publique vew” a great D – for his habitual drunkenness. Other drunkards suffered similar punishment. On September 3, 1633, in Boston:
“Robert Coles was fyned ten shillings and enjoyned to stand with a white sheet of paper on his back whereon Drunkard shalbe written in great lres & to stand therewith soe longe as the Court finde meete, for abuseing himself shamefully with drinke.”
The following year Robert Coles, still misbehaving, was again sentenced, and more severely, for his drunkard’s badge was made permanent.
“1634. Robert Coles, for drunkenes by him comitted at Rocksbury, shalbe disfranchized, weare about his necke, & soe to hange vpon his outwd garment a D. made of redd cloth & sett vpon white; to continyu this for a yeare, and not to have itt off any time hee comes among company, Vnder the penalty of xls for the first offence & v£ for the second & afterwards to be punished by the Court as they think meete, alsoe hee is to weare the D. outwards.”
We might be justified in drawing an inference from the latter clause that some mortified wearers of a scarlet letter had craftily turned it away from public gaze, hoping thus to escape public odium and ostracism.
Paupers were plainly labelled, as was the custom everywhere in England. In New York, the letters N. Y. showed to what town they submitted. In Virginia this law was in force:
“That every person who shall receive relief from the parish, and be sent to the said house, shall, upon the shoulder of the right sleeve of his or her uppermost garment, in an open and visible manner, wear a badge with the name of the parish to which he or she belongs, cut in red, blue or green cloth, as the vestry or church wardens shall direct; and if any poor person shall neglect or refuse to wear such badge, such offence may be punished either by ordering his or her allowance to be abridged, suspended or withdrawn, or the offender to be whipped not exceeding five lashes for one offence; and if any person not entitled to relief, as aforesaid, shall presume to wear such badge, he or she shall be whipped for every such offence.”
The conditions of wearing “in an open and visible manner” may have been a legal concession necessitated by the action of the English goody who, when ordered to wear a pauper’s badge, demurely pinned it on an under-petticoat.
A more limited and temporary mortification of a transgressor consisted in the marking by significant letters or labels inscribed in large letters with the name or nature of the crime. These were worn only while the offender was exposed to public view or ridicule in cage, or upon pillory, stocks, gallows or penance stool, or on the meeting house steps, or in the market-place.
An early and truly characteristic law for those of Puritan faith reads thus:
“If any interrupt or oppose a preacher in season of worship, they shall be reproved by the Magistrate, and on a repetition, shall pay £5 or stand two hours on a block four feet high, with this inscription in Capitalls, A WANTON GOSPELLER.”
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 £5 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 £3 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.