Every Day Life in the Massachusetts Bay Colony

by George Francis Dow

There are several other cases before 1655. In October, 1650, Thomas Crauly of Hampton sued Ralph Hall for slander, for saying he had called Robert Sawyer's wife a witch.

John Bradstreet, a young man of Rowley, was presented at Court in 1652 for having familiarity with the devil, witnesses testifying that Bradstreet said that he read in a book of magic and that he heard a voice asking him what work he had for him to do, and Bradstreet answered "go make a bridge of sand over the sea, go make a ladder of sand up to Heaven and go to God and come down no more." There was much palaver but the Court showed common sense and Bradstreet was ordered to be fined or whipped for telling a lie.

In 1653 Christopher Collins of Lynn brought suit against Enoch Coldan for slander, for saying that Collins' wife was a witch and calling her a witch. The judgment however was for the defendant. Another accusation was promptly squelched in the fall of the same year.

Edmond Marshall of Gloucester unwisely stated publicly that Mistress Perkins, Goodey Evans, Goodey Dutch and Goodey Vincent were under suspicion of being witches. Their husbands at once brought suit for defamation of character and the verdict in each case was, that the defendant should make public acknowledgment within fourteen days in the meetinghouses at Salem, Ipswich and Gloucester.

To sentence a culprit to expiate his crime before the congregation in the meetinghouse was a common thing. The publicity, in theory, induced shame and thus served as a future deterrent. To sit in the stocks and then make public acknowledgment before the congregation was a favorite penalty. Sometimes the offender was ordered to stand at the church door with a paper on his hat inscribed with the crime he had committed. If for lying, a cleft stick might ornament his tongue. Whipping was the most frequent penalty, closely followed by the stocks, and after a time imprisonment became more common. The bilboes were used only in the earliest period. The use of the stocks and whipping post was discontinued in 1813 and not a single example seems to have survived in either museum or attic. The pillory was in use in State Street, Boston, as late as 1803, and two years before, John Hawkins stood one hour in the pillory in what is now Washington Street, Salem, and afterwards had one ear cropped—all for the crime of forgery. Branding the hand or cheek was also inflicted, and Hawthorne has made famous another form of branding, the wearing prominently upon the clothing, an initial letter of a contrary color, symbolizing the crime committed. This penalty was inflicted upon a man at Springfield, as late as October 7, 1754, and the law remained in force until February 17, 1785. As early as 1634 a Boston drunkard was sentenced to wear a red D about his neck for a year.[93]

Massachusetts did not purge her laws from these ignominous punishments until 1813 when whipping, branding, the stocks, the pillory, cutting off ears, slitting noses, boring tongues, etc., were done away with.

There lived in Salem, nearly three centuries ago, a woman whose story is told by Governor Winthrop and the records of the Quarterly Courts. She was, in a sense, a forerunner of Anne Hutchinson and we may fancy at heart a suffragette. Her story gives you an outline picture of the manners of the times in a few details. Her name was Mary Oliver and her criminal record begins in June, 1638. Governor Winthrop relates: "Amongst the rest, there was a woman in Salem, one Oliver, his wife, who had suffered somewhat in England by refusing to bow at the name of Jesus, though otherwise she was conformable to all their orders. She was (for ability of speech, and appearance of zeal and devotion) far before Mrs. Hutchinson, and so the fitter instrument to have done hurt, but that she was poor and had little acquaintance. She took offence at this, that she might not be admitted to the Lord's supper without giving public satisfaction to the church of her faith, etc., and covenanting or professing to walk with them according to the rule of the gospel; so as upon the sacrament day she openly called for it, stood to plead her right, though she were denied; and would not forbear, before the magistrate, Mr. Endecott, did threaten to send the constable to put her forth. This woman was brought to the Court for disturbing the peace in the church, etc., and there she gave such premptory answers, as she was committed till she should find surities for her good behavior. After she had been in prison three or four days, she made means to the Governor and submitted herself, and acknowledged her fault in disturbing the church; whereupon he took her husband's bond for her good behavior, and discharged her out of prison. But he found, after, that she still held her former opinions, which were very dangerous, as, (I) that the church is the head of the people, both magistrates and ministers, met together and that these have power to ordain ministers, etc. (II) That all that dwell in the same town, and will profess their faith in Christ Jesus, ought to be received to the sacraments there; and that she was persuaded that, if Paul were at Salem, he would call all the inhabitants there saints. (III) That excommunication is no other but when Christians withdraw private communion from one that hath offended." September 24, 1639, this Mary Oliver was sentenced to prison in Boston indefinitely for her speeches at the arrival of newcomers. She was to be taken by the constables of Salem and Lynn to the prison in Boston. Her husband Thomas Oliver was bound in £20 for his wife's appearance at the next court in Boston.

Governor Winthrop continues: "About five years after, this woman was adjudged to be whipped for reproaching the magistrates. She stood without tying, and bore 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."

March 2, 1647-8, Mary Oliver was fined for working on the Sabbath day in time of public exercise; also for abusing Capt. Hathorne, uttering divers mutinous speeches, and denying the morality of the Sabbath. She was sentenced to sit in the stocks one hour next lecture day, if the weather be moderate; also for saying "You in New England are thieves and Robbers" and for saying to Mr. Gutch that she hoped to tear his flesh in pieces and all such as he was. For this she was bound to good behavior, and refusing to give bond was sent to Boston jail, and if she remained in the court's jurisdiction was to answer to further complaints at the next Salem Court.

It appears from depositions that she went to Robert Gutch's house in such gladness of spirit that he couldn't understand it, and she said to some there, not members, "Lift up your heads, your redemption draweth near," and when reminded what she already had been punished for, she said that she came out of that with a scarf and a ring.