At a court before the Commissioners John Pynehon, Eliziar Holyoke and Samuel Chapin. May 8th, 1654.
“Daniel, a Scotchman servant to Thomas Merick being found to profhane the Sabbath in idle walkinge about, and not cominge to ye ordinances of ye Lord, yea though he had warninge to ye contrary; and being also complayned of by his said master for his grevious idleness in neglecting his busyness for severall dayes, yea synce he was called before authority for the like misbehaviour formerly at wh tyme he promised amendment; but he grew worse and worse and therefore was adjudged to be whipped on ye bare back wth five lashes well laid on, and execution was done accordingly.”
Another case in which four young men were charged with violation of the Sabbath was attended with this peculiarity—that two of the culprits were sons of Holyoke, one of the two Magistrates before whom the trial was had.
This trial was in 1664, and was thus recorded in the handwriting of Holyoke.
“Thomas Noble, Constable, presenting Thomas Thomson and John Horton for that last Sabb., was fortnight, June ye 7, they made a fray in ye street in ye evening about ½ an hour after sunsett. Samuel & Elizar Holyoke being accessory in ye said fray.
The Commissioners uppon examination of ye case doe fynd that the said foure persons did profane the Lord’s day, and therefor doe determine that they all shall be admonished thereof & that Thomas Thomson, John Horton, and Samuel Holyoke shall pay a fyne of five shillings apeece to the County, or be whipped by the Constable on ye naked body with three stripes apeece; whereuppon they were all admonished & the 3 former desiring to pay ye fynes, then otherwise were ordered to pay them to ye County Treasurer.”
Samuel Holyoke upon whom this sentence was passed by his own father, was then a boy of seventeen years. Twelve years afterwards in 1676, he was the Capt. Holyoke who so greatly distinguished himself in the celebrated Falls fight with the Indians.
Assaulting of Women.
Province Laws Ch. 105-1711.
Sec. 2. And be it further enacted by the authority aforesaid, that whosoever shall be convicted of assaulting or offering any insolence or violence to any woman or mankind in the fields, streets or lanes in any town, or of despoiling them, damnifying or defacing of their attire or ornaments, or attempting the same, shall be punished by being publickly whipped, not exceeding two stripes, or by being committed to the house of correction to receive the discipline of the house and continue there by the space of thirty days.