Common Railers and Brawlers were punishable by the old provincial laws as they are by our present laws, but in a different way. A curious case is recorded by Mr. Holyoke as having come before the courts at the time John Pynehon, Samuel Chapin and Eliziar Holyoke were the Magistrates.
“March 13, 1655—Obadiah Miller complaynes against Joane, his wife, for abusing him with reproachfull tearmes or names as calling him foole, toad, vermine and threateninge him; as also for yt yesterday shee fell upon him endeavoring to beat him, at which tyme shee scratched his face and hands. The case being examined it was found that Joane, the wife of Obadiah Miller was guilty of very evil behavior towards her said husband; it being proved by the testimony of John Lamb and Tho. Miller.
John Lamb testifyed he heard her say shee would knock him on the head, and yt shee did often call him foole and other reproachful tearmes.
Thomas Miller testifyed yt wn his brother Obediah, his wife lived with him she did comonly call him foole and vermine; and he doth not remember he ever heard her call him husband, and that shee said shee did not love him but hated him; yea shee here said shee did not love him and shee should not love him.
For which, her vile misbehaviour towards her husband, she was adjudged to be taken forth to ye whipping post, there to receive soe many stripes on ye naked body as ye commissioners should see cause to inflict on her; whereuppon shee was brought forth, but by her humileation and earnest protestations for better carriage towards her said husband, the punishment was remitted and this sentence passed yt for the least miscarriage to her husband after this tyme, shee should be brought forth agayne to receive a good whipping on the naked body well laid on.”
Husband or Wife Striking.
Colony Laws, Chap. 66.
October 1650. “It is ordered by the Court and authority thereof, that no man shall strike his wife, nor any woman her husband, on penalty of such fine not exceeding ten pounds for one offence, or such corporall punishment as the County Court shall determine.”
The Colony laws regarding the Observance of the Sabbath were quite numerous and strictly enforced by various penalties.