Chapter XVIII

Crimes and Punishments.

 

at the court held at Chester, 3d day, Twelfth month, 1684, when the record states that "John Martin being convicted of stealing money out of ye house of William Brown, was ordered twelve stripes on his bare back, well laid on, at the common whipping-post at Chichester, the 4th inst., between the ten and eleven hour in the morning." Samuel Jury, Aug. 29,1704, for being the father of an illegitimate child, was sentenced "to be whipt with twenty-one lashes on his bare back, well laid on, and pay for the maintaining of said child as the law directs." This is the only instance, so far as I have learned, of a man being subjected to corporal punishment for this offense. May 25, 1708, "Grace Phillips was sentenced to be whipt with twenty-one lashes, well laid on, at the common whipping-post in Chester." The last time when I find records of this corporal punishment being imposed is at the November court, 1788, when John Tully, convicted of horse-stealing, was sentenced to be whipped. The case will be referred to hereafter.

The punishment by whipping, to our modern ideas, was most cruel, and that it was extremely painful we have the authority of the editor of the London Medical Times, who a few years ago witnessed the flogging of a wife-beater at Newgate. The degradation of the punishment and the effect the shame had upon persons of sensitive natures is well shown in a case recorded by Watson, wherein a negro, in 1743, who was brought to the whipping-post in Philadelphia to be scourged, took a knife from his pocket, and in the presence of the crowd, cut his throat, dying immediately of the self-inflicted injury.

May 10, 1698, the Assembly passed a supplemental law respecting "robbing and stealing," whereby for the theft of any article amounting to five shillings or upwards, in addition to fourfold restoration of the value and public whipping, the punishment was increased, the culprit being "ordered by the court, upon penalty of banishment, to wear such a badge or mark of his or her thievery upon the outside of his or her outer garment in open view; upon the outer part of the Left Arme betwixt Elbow & Shoulder att all times when ever hee or shee shall travel or be seen from his or her habitation or plantation where bee or shee shall live on every day from Sun rising unto Sun setting, for the space of six months, which mark or badge of his or her thieving shall be thus, with a Roman T, not less than foure inches in length each way, and an inch in breadth, of a different colour from his or her said out garment either Red, Blew, or Yellow, as the Justices of the said court shall direct." This law, or rather the similar one of 1700, remained in force until superseded by the act of Feb. 24, 1721. Under its provisions we find that at the court held at Chester, Third month 26, 1702, Benjamin Patterson being convicted of breaking into the house of Joseph Baker, of Upper Providence, and stealing ten pieces of eights, "the court gave judgment for two pounds eight shillings, to be paid to Joseph Baker, with lawful fees and" (Patterson) "to be whipt with eleven lashes on his bare back and wear a T according to law of yellow colour." Patterson was also sentenced to serve Joseph Baker, his master, one and a half years in consideration of the damages he had sustained. The graphic picture which Hawthorne, in the "Scarlet Letter," has drawn of Heater Prynne, who "on the breast of her gown, in fine red cloth, surrounded with an elaborate embroidery and fantastic flourishes of gold thread, appeared the letter A," will recur to almost every reader. Although the persons who wore the insignia of their shame among their fellows in this county, in colonial days, may not have as romantic a story as that the novelist has elaborated, doubtless they felt keenly the degradation the hated letter entailed upon them. It is unnecessary to refer to all the cases in which this punishment was imposed. Sufficient is it to my purpose to state that the last instance which I find of this penalty being inflicted was at the court held Aug. 28, 1716, when John Eburnethy, convicted on two indictments, was sentenced to receive twenty-one lashes on each judgment and to wear a Roman T, of a blue color, not less than four inches each way and one inch broad, for six months, and also to wear a Roman T, of a red color, of the like size, for six months.

Standing in the pillory was one of the ordinary punishments of our colonial days. The first case in which this penalty was imposed that I have found was at the court held at Chester the third day of the first week, 1689, when Thomas Lasy, an indentured servant of Richard Few, who was convicted on his own confession of counterfeiting pieces of eights, "and a bartering and exposing ye same for goods and other merchandize," was sentenced to stand "at ye Public Place of Correction att ye Town of Chester two Several Court days three hours each day with a Paper of his Crimes written in Capital letters afixed upon his Brest, and that he remaine in ye Sherifes Custody until he gives good Security to perform this Judgment and pay his fine." That this sentence was carried out we know, for John Simcock informed the next court that Robert Wade was passing the place where Thomas Lasy was "Suffering ye last Courts sentance," and that Wade said aloud, "What law has he broken? or what King's law hath he Broken?" The court, very sensibly, seems to have taken no notice of Wade's remarks, although in those days the dignity of the bench was sternly maintained, as the following instances disclose: Abraham Buffinjall, at the court held the 3d day of Fourth month, 1685, being "lawfully convicted for abusing and menacing the magestracy of this county was ordered Twenty-one lashes at the public whipping-post on his bear back well laid on and fourteen days imprisonment at hard labour in the House of Correction;" and at the court held at Chester the "3d day of 1st week of ye 8th month, 1687," Jeremy Collett, "for his Insolency and abuse of ye

 

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