"The culprit is to be 'publickly set on the Gallows in the Day Time, with a Rope about his or her Neck, for the Space of One Hour: and on his or her Return from the Gallows to the Gaol, shall be publickly whipped on his or her naked Back, not exceeding Thirty Stripes, and shall stand committed to the Gaol of the County wherein convicted, until he or she shall pay all Costs of Prosecution."[288]

"Mary Shaw the wife of Benjamin Shaw, ... being presented for having a child in September last, about five Months after Marriage, appeared and owned the same.... Ordered that (she) ... pay a fine of Forty Shillings.... Costs ... standing committed."[289]

"Under the 'seven months rule,' the culpable parents were forced to humble themselves before the whole congregation, or else expose their innocent child to the danger of eternal perdition."[290]

Many other examples of severe punishment to both husband and wife because of the birth of a child before a sufficient term of wedlock had passed might be presented, and, judging from the frequency of the notices and comments on the subject, such social irregularities must have been altogether too common. Probably one of the reasons for this was the curious and certainly outrageous custom known as "bundling." Irving mentions it in his Knickerbocker History of New York, but the custom was by no means limited to the small Dutch colony. It was practiced in Pennsylvania and Connecticut and about Cape Cod. Of all the immoral acts sanctioned by conventional opinion of any time this was the worst.

The night following the drawing of the formal contract in which the dowry and other financial requirements were adjusted, the couple were allowed to retire to the same bed without, however, removing their clothes. There have been efforts to excuse or explain this act on the grounds that it was at first simply an innocent custom allowed by a simple-minded people living under very primitive conditions. Houses were small, there was but one living room, sometimes but one general bedroom, poverty restricted the use of candles to genuine necessity, and the lovers had but little opportunity to meet alone. All this may have been true, but the custom led to deplorable results. Where it originated is uncertain. The people of Connecticut insisted that it was brought to them from Cape Cod and from the Dutch of New York City, and, in return, the Dutch declared it began near Cape Cod. The idea seems monstrous to us of to-day; but in colonial times it was looked upon with much leniency, and adultery between espoused persons was punished much more lightly than the same crime between persons not engaged.

A peculiar phase of immorality among colonial women of the South cannot well be ignored. As mentioned in earlier pages, there was naturally a rough element among the indented women imported into Virginia and South Carolina, and, strange to say, not a few of these women were attracted into sexual relations with the negro slaves of the plantation. If these slaves had been mulattoes instead of genuinely black, half-savage beings not long removed from Africa, or if the relation had been between an indented white man of low rank and a negro woman, there would not have been so great cause for wonder; but we cannot altogether agree with Bruce, who in his study, The Economic History of Virginia in the Seventeenth Century, says:

"It is no ground for surprise that in the seventeenth century there were instances of criminal intimacy between white women and negroes. Many of the former had only recently arrived from England, and were, therefore, comparatively free from the race prejudice that was so likely to develop upon close association with the African for a great length of time. The class of white women who were required to work in the fields belonged to the lowest rank in point of character. Not having been born in Virginia and not having thus acquired from birth a repugnance to association with the Africans upon a footing of social equality, they yielded to the temptations of the situations in which they were placed. The offence, whether committed by a native or an imported white woman, was an act of personal degradation that was condemned by public sentiment with as much severity in the seventeenth century as at all subsequent periods...."[291]

Near the populous centers such relationships were sure to meet with swift punishment; but in the more remote districts such a custom might exist for years and meant nothing less than profit to the master of the plantation; for the child of negro blood might easily be claimed as the slave son of a slave father. Bruce explains clearly the attitude of the better classes in Virginia toward this mixture of races:

"A certain degree of liberty in the sexual relations of the female servants with the male, and even with their master, might have been expected, but there are numerous indications that the general sentiment of the Colony condemned it, and sought by appropriate legislation to restrain and prevent it."

"...If a woman gave birth to a bastard, the sheriff as soon as he learned of the fact was required to arrest her, and whip her on the bare back until the blood came. Being turned over to her master, she was compelled to pay two thousand pounds of tobacco, or to remain in his employment two years after the termination of her indentures."