A case of incest in Deerfield: "the man was set upon the Gallows with a Rope about his Neck for the space of one Hour, to be whipped in his Way from thence to the Goal 30 stripes, and to wear a Capital I of two Inches long, and proportionable Bigness on his upper Garment for ever. Sentence against the Woman, for special Reasons, we hear, is respited for the present."--_Boston Evening-Post_, Oct. 7, 1754.
At the Superior Court held in Cambridge last week, one Hannah Dudley of Lincoln was convicted of repeatedly commiting Adultery and Fornication with her own Mother's husband, an old Man of 76 years of age. She was sentenced to be set upon the Gallows for the space of one Hour, with a Rope about her Neck, and the other end cast over the Gallows, and in the way from thence to the Common Goal, that she be severely whipped 30 stripes, and that she for ever after wear a Capital I of two inches long and proportionable bigness cut out in Cloth of a different Colour to her Cloaths, and sewed upon her upper Garment on the outside of her arm, or on her Back, in Open View. [No further mention is made of the step-father.]--_Boston News-Letter_, Aug. 16, 1759.
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.