Satan and his instruments through the awful judgment of God."
Leaving these gloomy reminiscences and coming to lighter matters of the law, we find that profane swearing was very properly punished by a fine of five shillings, failing to pay which the offender was set in the stocks, not exceeding two hours. If he uttered more than one oath on the same occasion and in hearing of the same persons, his punishment was twelve pence for every oath after the first, and a seat in the stocks for three hours, where he could cool his spleen and reflect on his sins, unless the contributions of addled eggs and other missiles by the youths of the town interrupted his meditations.
A person convicted of drunkenness could take his choice between paying five shillings or the stocks for three hours.
A conviction of theft involved a fine of five pounds or twenty stripes; and if the thief was unable to make restitution or pay threefold damages to the injured party, the latter could dispose of him in service to any of their Majesties' subjects, for such term as should be adjudged by the court.
Burglars and robbers were to be branded on the forehead with the letter B. For a second offence they were to be set upon the gallows for the space of one hour with a rope about their necks, and one end thereof cast over the gallows, and to be severely whipped, not exceeding thirty-nine stripes.
For a third conviction, they were to suffer death, as being incorrigible. This latter provision is noteworthy, as being in line with our Habitual Criminal Acts, though more Draconian in its character. For the first and second offences the culprits were to pay treble damages to the injured parties. Indeed, throughout all these criminal statutes, full measure of restitution as well as severe punishments are prescribed.
The severity of the above penalties appears to have been insufficient, for Chapter I., Acts of 1715, after a preamble setting forth that " Whereas, notwithstanding the Laws already made for the punishing of criminal Offenders, many Persons of late have been so hardy as to break open in the Night, the Dwelling Houses of several of his Majesty's good Subjects, and have not only stolen their Goods, but put them in Fear and Danger of their Lives," enacts the punishment of death for the crime.
And Chapter I., Acts of 1711, "To the Intent Her Majesty's Leige People may be in peace and out of Fear of being assaulted and robbed by ill-minded, wicked Ruffians, as they are travelling the Common Roads or High- Ways," enacts as a penalty for robbery, burning in the forehead or hand, six months' imprisonment, and treble damages to the party robbed; and for a second offence, death. And by Chapter VIII., Acts of 1761, for the first offence, death, "without Benefit of Clergy."
Liars and libellers might find themselves mulcted to the tune of twenty shillings, or be- seated in the stocks, or be publicly whipped, at the discretion of the court. A forger found scant mercy. He had to make full restitution to the injured party; also he must be set in the pillory, and then and there have his ears cut off, and suffer imprisonment for one year. Fancy the duties of the officer deputed to brand B's upon men's foreheads, cut off their ears, or nail them to boards. One can imagine the awkward attempts to get the iron hot and apply it to the forehead of the struggling culprit, and the unskilful efforts to cut through the tough, gristly substance of the ear, amid the howls and contortions of the victim.
A perjurer or suborner of perjury had the disagreeable alternative of paying twenty pounds, or of being set in the pillory for an hour, and to have both his ears nailed; and to be forever after infamous, until judgment reversed.
Chapter IV. of the year 1694 re-enacts in substance the earlier law of Plymouth Colony, on which Hawthorne's famous story "The Scarlet Letter" is founded. The punishment for adultery, as there laid down, is
