Curious Punishments of Bygone Days
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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 bridleTo 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.
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.”
A most graphic description of one of these scenes of public abasement and abnegation is given by Governor John Winthrop in his History of New England. The offender, Captain John Underhill, was a brave though blustering soldier, a man of influence throughout New England, a so-called gentleman. And I doubt not that Boston folk tried hard to overlook his transgressions because, “soldiers has their ways.” Winthrop wrote thus:
“Captain Underbill being brought by the blessing of God in this church’s censure of excommunication to remorse for his foul sins, obtained by means of the elders and others of the church of Boston, a safe conduct under the hand of the governor and one of the council to repair to the church. He came at the time of the court of assistants, and upon the lecture day, after sermon, the pastor called him forth and declared the occasion, and then gave him leave to speak; and, indeed, it was a spectacle which caused many weeping eyes, though it afforded matter of much rejoicing to behold the power of the Lord Jesus in his ordinances, when they are dispensed in his own way, holding forth the authority of his regal sceptre in the simplicity of the gospel. He came in his worst clothes, being accustomed to take great pride in his bravery and neatness, without a band, in a foul linen cap pulled close to his eyes, and standing upon a form, he did, with many deep sighs and abundance of tears, lay open his wicked course, his adultery, his hypocrisy, his persecution of God’s people here, and especially his pride, as the root of all which caused God to give him over to his sinful courses, and contempt of magistrates. * * * * * He spake well, save that his blubbering, etc., interrupted him, and all along he discovered a broken and melting heart and gave good exhortations to take heed of such vanities and beginnings of evil as had occasioned his fall. And in the end he earnestly and humbly besought the church to have compassion on him and to deliver him out of the hands of Satan.”
In truth, the Captain “did protest too much.” This well-acted and well-costumed piece of vainglorious repentance was not his first appearance in the Boston meeting-house in this role. Twice before had he been the chief actor in a similar scene, and twice had he been forgiven by the church and by individuals specially injured. He was not alone in his “blubbering,” as Winthrop plainly puts it. The minister at Jedburgh, Scotland, for similar offenses, “prostrated himself on the floor of the Assembly, and with weeping and howling, entreated for pardon.” He was thus sentenced:
“That in Edinburgh as the capital, in Dundee as his native town, in Jedburgh as the scene of his ministration, he should stand in sack-cloth at the church door, also on the repentance-stool, and for two Sundays in each place.”
The most striking and noble figure to suffer public penance in American history was Judge Samuel Sewall. He was one of the board of magistrates who sat in judgment at the famous witchcraft trials in Salem and Boston in the first century of New England life. Through his superstition and by his sentence, many innocent lives were sacrificed. Judge Sewall was a steadfast Christian, a man deeply introspective, absolutely upright, and painfully conscientious. As years passed by, and all superstitious excitement was dead, many of the so-called victims confessed their fraud, and in the light of these confessions, and with calmer judgment, and years of unshrinking thought, Judge Sewall became convinced that his decisions had been unjust, his condemnation cruel, and his sentences appallingly awful. Though his public confession and recantation was bitterly opposed by his fellow judge, Stoughton, he sent to his minister a written confession of his misjudgment, his remorse, his sorrow. It was read aloud at the Sabbath service in the Boston church while the white-haired Judge stood in the face of the whole congregation with bowed head and aching heart. For his self-abnegation he has been honored in story and verse; honored more in his time of penance than in the many positions of trust and dignity bestowed on him by his fellow-citizens.
X
MILITARY PUNISHMENTS
An English writer of the seventeenth century, one Gittins, says with a burst of noble and eloquent sentiment: “A soldier should fear only God and Dishonour.” Writing with candor he might have added, “but the English soldier fears only his officers.” The shocking and frequent cruelty practiced in the English army is now a thing of the past, though it lasted to our own day in the form of bitter and protracted floggings. It is useless to describe one of these military floggings, and superfluous as well, when an absolutely classic description, such as Somerville’s, in his Autobiography of a Workingman, can be read by all. He writes with stinging, burning words of the punishment of a hundred lashes which he received during his service in the British army, and his graphic sentences cut like the “cat” – we seem to see in lurid outlines the silent, motionless, glittering regiment drawn up in a square four rows deep; the unmoved and indifferent officers, all men of gentle birth and liberal education, but brutalized and inhuman, standing within these lines and near the cruel stake; the impassive quartermaster marking with leisurely and unmoved exactness every powerful, agonizing lash of the bloody whip as it descended on the bare back of a brave British soldier, without one sign of protest or scarce of interest from any of the hundreds who viewed the scene, save on the part of the surgeon, who stood perfunctorily near with basin and drugs to revive the sufferer if he fainted, or stop the punishment if it seemed to foretell a fatal result. We read that raw recruits sometimes cried out or dropped down in the ranks from fright at the first horrifying sight of an army-flogging, but they soon grew scarcely to heed the ever-frequent and brutalizing sight. These floggings were never of any value as a restraint or warning in the army; the whipped and flayed soldiers were ruined in temper and character just as they were often ruined in health. Deaths from exhaustion and mortification from the wounds of the lash were far from infrequent. The story of the inquiry in army circles that led to the disuse of the whip in the British army (as for instance, the Evidence on Military Punishment contains some of the most revolting pages ever put in print.
English army-laws of course ruled the royal troops in the American provinces, and the local train bands, and were continued among the volunteer American soldiers of the Revolution. I have read scores of order-books and seen hundreds of sentences to flogging, both during the French and Indian wars, and in the Revolutionary war. A few instances may be given. Edward Munro, of Lexington, Mass., was a Lieutenant in a company of Rangers in 1758, and in 1762 he was Lieutenant in Saltonstall’s regiment at Crown Point, and he acted as adjutant for four regiments. His order-book still exists. On October 19, 1762, a court-martial found several soldiers guilty of neglect of duty, and he records that they were sentenced to receive punishment in the following manner: