The Puritanical Penal System
Crime and Punishment of the Early 1600's
The Culture
As a culture, the Puritans very strictly enforced the laws of both the community and the Bible. Crimes were taken very seriously, though the majority of the offenders were found to be men. However, certain crimes, such as adultery, infanticide and witchcraft were crimes that usually only women were punished for. Besides the basic ones we know of today, the Puritan crimes could include boasting, talking too much, not going to church, brewing bad beer and nagging.
During these trials, there were no lawyers allowed on either side and the interrogations were notoriously fierce, often resulting in a railroading as a single witness could be used to convict someone. The punishments often were dealt with a large dose of humiliation and shame, feelings the Puritans felt made the greatest difference in future behavior.
The Process
When someone had been accused of a crime, a judge would tell whether or not the accusation was valid. Once decided, the accused would face interrogation at the magistrate's house with some deputies and marshalls as witnesses with no lawyers; if a trial was needed, the defendant would be free to go with no bail until the trial.
There were no defense lawyers used at the time and the coveted position of District Attorney was almost always on the offensive. Juries were not widely used either, and if one was requested by the defendant, they were thought to be bucking the authority of the judge, which was often the magistrate that had deemed the trial necessary. This situation usually resulted in a guilty verdict.
The real reason for the trial was to provide an example to the public in order to prevent future problems of the same nature and to allow for the defendant to admit guiltiness and repent.
The Tools of Correction
The Pillory
Designed to restrain the criminal by holding their heads and hands in place so that the crowd could a) hurl their rotted food and insults at them or b) stare them down in silence. The stocks, which held both the ankles and hands, were used on the lower class while the pillory, which is pictured here, was reserved for the high class offendors.
Letters
Letters were often embroidered reminders of crime that were either sewn into or were patched onto the offendor's clothing. This way, everyone knew what the criminal had done for the rest of their lives. To go even farther, the letters were often branded on the forehead, but other places were recorded as well.
The Ducking Stool
Originally and most commonly used on gossipy, sassy wives, the ducking stool was basically a chair fastened onto a seesaw that the wife was dunked in. According to Colonial Williamsburg "candidates were slanderers, "makebayts," brawlers, "chyderers," railers, and "women of light carriage," as well as brewers of bad beer, bakers of bad bread, and unruly paupers." The judge would sentence her to a certain number of dunks for her crime and she would then be submerged in water to complete her punishment, often in cold water in front of a crowd.
Whipping
A punishment of 20-40 lashes was common in the Puritan communities, a sort of a cure-all for generic problems.
Branding and Hacking
Speaking out against the church could earn you a red hot awl pierced through your tongue and theivery or adultery could earn you a "T" or an "A" seared on your forehead, depending on the town and circumstances. Such gory practices were common, with the cutting off of ears, the nailing of ears to the stocks and other such brutalities.
Execution
The worst crimes, which may include sexual deviancy of any sort, adultery, murder, and so on, were punished with death. The most common form was hanging, while being drawn and quartered or burned at the stake were not unheard of.