Curious Punishments Of Bygone Days Part 3

In New York the pillory was used. Under Dutch rule, Mesaack Maartens, accused of stealing cabbages from Jansen, the s.h.i.+p-carpenter living on _'t maagde paatje_, was sentenced to stand in the pillory with cabbages on his head. Truly this was a striking sight. Dishonest bakers were set in the pillory with dough on their heads. At the trial of this Mesaack Maartens, he was tortured to make him confess. Other criminals in New York bore torture; a sailor--wrongfully, as was proven--a woman, for stealing stockings. At the time of the Slave Riots cruel tortures were inflicted. Yet to Ma.s.sachusetts, under the excitement and superst.i.tion caused by that tragedy in New England history, the witchcraft trials, is forever accorded the disgrace that one of her citizens was pressed to death, one Giles Corey. The story of his death is too painful for recital.

Mr. Channing wrote an interesting account of the Newport of the early years of this century. He says of crimes and criminals in that town at that time:

"The public modes of punishment established by law were four, viz.: executions by hanging, whipping of men at the cart-tail, whipping of women in the jail-yard, and the elevation of counterfeiters and the like to a movable pillory, which turned on its base so as to front north, south, east and west in succession, remaining at each point a quarter of an hour. During this execution of the majesty of the law the neck of the culprit was bent to a most uncomfortable curve, presenting a facial mark for those salutations of stale eggs which seemed to have been preserved for the occasion. The place selected for the infliction of this punishment was in front of the State House."

A conviction and sentence in Newport in 1771 was thus reported in the daily newspapers, among others the _Ess.e.x Gazette_ of April 23:

"William Carlisle was convicted of pa.s.sing Counterfeit Dollars, and sentenced to stand One Hour in the Pillory on Little-Rest Hill, next Friday, to have both Ears cropped, to be branded on both Cheeks with the Letter R, to pay a fine of One Hundred Dollars and Cost of Prosecution, and to stand committed till Sentence performed."

Severe everywhere were the punishments awarded to counterfeiters. The Continental bills bore this line: "To counterfeit this bill is Death."

In 1762 Jeremiah Dexter of Walpole, for pa.s.sing on two counterfeit dollars, "knowing them to be such," stood in the pillory for an hour; another rogue, for the same offense, had his ears cropped.

Mr. Samuel Breck, speaking of methods of punishment in his boyhood in Boston, in 1771, said:

"A little further up State Street was to be seen the pillory with three or four fellows fastened by the head and hands, and standing for an hour in that helpless posture, exposed to gross and cruel jeers from the mult.i.tude, who pelted them constantly with rotten eggs and every repulsive kind of garbage that could be collected."

Instances of punishment in Boston by the pillory of both men and women are many. In the _Boston Post-Boy_ of February, 1763, I read:

"BOSTON, JANUARY 31.--At the Superiour Court held at Charlestown last Week, Samuel Bacon of Bedford, and Meriam Fitch wife of Benjamin Fitch of said Bedford, were convicted of being notorious Cheats, and of having by Fraud, Craft and Deceit, possess'd themselves of Fifteen Hundred Johannes the property of a third Person; were sentenced to be each of them set in the Pillory one Hour, with a Paper on each of their b.r.e.a.s.t.s and the words A CHEAT wrote in Capitals thereon, to suffer three months'

imprisonment, and to be bound to their good Behaviour for one Year and to pay Costs."

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. .h.i.therto 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 endors.e.m.e.nt, 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.

[Ill.u.s.tration: The Burning of Books]

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 Ca.s.sius Severus, when he heard sentence p.r.o.nounced, 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 publis.h.i.+ng 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 Buckinghams.h.i.+re. 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 G.o.d'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 Sat.u.r.day to stand upon the pillory at Ailsbury for the s.p.a.ce of two hours, from eleven o'clock to one, with a paper on your head with this inscription: _For writing, printing and publis.h.i.+ng a schismatical book, ent.i.tled '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 a.s.sizes, 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, ent.i.tled _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 sc.r.a.ps of his vigorous doggerel from his _Hymn to the Pillory_ pa.s.sed 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 republis.h.i.+ng 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 ma.n.u.script.

Crossing the Atlantic to a land void of printing presses could not silence Puritan authors. They still had pen and ink, and ma.n.u.scripts could be sent back across the ocean to a land full of presses and type.

A rather amusing episode of early Ma.s.sachusetts 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 s.p.a.ce 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, ent.i.tuled The Meritorious Price of or Redemption, Justifycation, &c. clearinge it from some common Errors &c. which booke, brought ouer hither by a s.h.i.+ppe 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 & a.s.sertions 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 pa.s.sages 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 a.s.sembly, 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 s.h.i.+res 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.