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.
[Illustration: The Scarlet Letter.]
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."
[Illustration: The Branks.]
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."