[583] See the long petition and confession of Samuel and Elizabeth Manning, who had been presented by the grand jury of Middlesex. It is expressed in perfervid pious phrase, much like the "church confession" presently referred to: MSS. Files of the County Court of Middlesex, June, 1664.
[584] MSS. Records of the County Court of Suffolk, 22. There was another sentence of this kind at the same session of this court.
[585] See the acknowledgment of Samuel Wright and Lydea his wife beginning: "for as much as wee are heere called to confese our sine before God and his people wee doe therefore heere accnowlidg that wee haue sined in that wee haue brokne the seuenth comandmente in neglecting of our deuty therein required and comitinge the sine forbiddene: to the dishonour of God and Scandalizinge of the gospel;" and so on in scriptural phrase to the extent, in the author's copy, of a large typewritten page: MSS. Files of the County Court of Middlesex, Oct., 1664.
[586] There are (1) many cases of bastardy, the woman being usually fined or whipped and the man in most cases sentenced merely to contribute to the child's support; for a few examples see MSS. Records of the Court of Gen. Sessions of Suffolk, I, 112 (1705), 190, 192 (1709); II, 234 (1719); III, 154, 308 (1724); IV, 331 (1731): MSS. Records of the Court of Gen. Sessions of Middlesex, II, 197, 203, 204 (1729-30); (2) killing of bastard, at least ten convictions between 1692 and 1725, in nine of which the woman was sentenced to death; and not less than a dozen presentations and one capital sentence after 1725: see examples in MSS. Records of the Superior Court of Judicature, II (1686-1700), 49, 50; III (1700-1714), fol. 270; ibid. (1725-29), fol. 111; ibid. (1772), fol. 98; ibid. (1757-59), 295; (3) miscegenative fornication, a number of cases, the white woman almost always receiving twenty stripes: examples in MSS. Records of the Court of Gen. Sessions of Suffolk, I, 144 (1706), 206 (1710); II, 43, 45 (1713); (4) rape, at least two cases: MSS. Records of Superior Court of Judicature (1739-40), fol. 225; ibid. (1767-68), fol. 261; (5) prostitution of wife, one case: MSS. Minute Books of the Court of Gen. Sessions of Suffolk, III, Dec. 3, 1756. The darker crimes were, however, not unknown to the period of the first charter. Between 1674 and 1681 in Massachusetts four persons were sentenced to death for rape: Noble, Records of the Court of Assistants, I, 21, 50, 74, 199.
[587] Here are two typical cases:
Aug. 27, 1711: "Joseph Holbrook and Mary Cooke ... being presented ... for fornication, He appeared and owned the same; and that he is since Married to her. Ordered That [he] ... shall pay a Fine of Three pounds in behalf of himself and his 2d Wife & Costs ... standing Co[=m]itted."—MSS. Records of the Court of Gen. Sessions of Suffolk, I, 234.
April 4, 1721: "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."—Ibid., III, 83.
A sentence that includes the alternative of whipping is rare; for an example (July, 1702) see ibid., I, 4. The proceedings in the case of Benjamin and Hopestill Allen, March 5, 1696-7—Nov. 23, 1698, are especially instructive. They were presented by the grand jury of Bristol for having a child within six months after publishment. Hopestill was fined 50 shillings, or to be whipped ten stripes. On appeal to the superior court the legality of the marriage was called in question. The privilege of appeal was granted by special act of the legislature: with the MSS. Early Court Files of Suffolk, No. 3728, compare the MSS. Records of the Superior Court of Judicature, II, 198; and the petition and act regarding appeal in MSS. Mass. Archives, XL, 476, 478, 483.
[588] In addition to the 714 cases comprised in the table, during the same period 73 single men, perhaps all involved in those cases, were before the court as follows: putative fathers, 54; settled out of court, 9; appeared and gave bond to save the town, 8; fornication, pleading guilty, 2. Of these one (1750) was fined £5; and one (1732) was given the choice of 10 shillings or ten stripes.
[589] Fornication before marriage (presumably with husband).