Chapter XIV: Crimes and Punishments (2)

The Courts of Admiralty held in the Colonies were composed of certain officials designated in the Royal commission, including the Governor, Lieutenant-Governor, the Judge of the Vice-Admiralty for the Province, the Chief Justice, the Secretary, Members of the Council, and the Collector of Customs. Counsel was assigned to the accused to advise and to address the Court "upon any matter of law," but the practice at that time was different from the present. Accused persons in criminal cases were obliged to conduct their own defence and their counsel were not permitted to cross-examine witnesses, the legal theory at the time being that the facts in the case would appear without the necessity of counsel; that the judge could be trusted to see this properly done; and the jury would give the prisoner the benefit of any reasonable doubt.

Trials occupied but a short time and executions generally took place within a few days after the sentence of the Court was pronounced. During the interval the local clergy labored with the condemned to induce repentance, and all the terrors of hell were pictured early and late. Usually, the prisoners were made the principal figures in a Sunday spectacle and taken through the streets to the meetinghouse of some prominent minister, there to be gazed at by a congregation that crowded the building, while the reverend divine preached a sermon suited to the occasion. This discourse was invariably printed and avidly read by the townsfolk, so that few copies have survived the wear and tear of the years. From these worn pamphlets may be learned something of the lives and future of the prisoners as reflected by the mental attitude of the attending ministers.

The day of execution having arrived, the condemned prisoners were marched in procession through the crowded streets safely guarded by musketeers and constables. The procession included prominent officials and ministers and was preceded by the Marshal of the Admiralty Court carrying "the Silver Oar," his emblem of authority. This was usually about three feet long and during the trial was also carried by him in the procession of judges to the courtroom where it was placed on the table before the Court during the proceedings.

Time-honored custom, and the Act of Parliament as well, required that the gallows should be erected "in such place upon the sea, or within the ebbing or flowing thereof, as the President of the Court ... shall appoint," and this necessitated the construction of a scaffold or platform suspended from the framework of the gallows by means of ropes and blocks. When an execution took place on land, that is to say, on solid ground easily approached, it was the custom at that time to carry the condemned in a cart under the crossarm of the gallows and after the hangman's rope had been adjusted around the neck and the signal had been given, the cart would be driven away and the condemned person left dangling in the air. In theory, the proper adjustment of the knot in the rope and the short fall from the body of the cart when it was driven away, would be sufficient to break the bones of the neck and also cause strangulation; but in practice this did not always occur.

When pirates were executed on a gallows placed between "the ebb and flow of the tide," the scaffold on which they stood was allowed to fall by releasing the ropes holding it suspended in mid-air. This was always the climax of the spectacle for which thousands of spectators had gathered from far and near.

Not infrequently the judges of a Court of Admiralty had brought before them for trial a pirate whose career had been more infamous than the rest. A cruel and bloody-minded fellow fit only for a halter,--and then the sentence to be hanged by the neck until dead would be followed by another judgment, dooming the lifeless body of the pirate to be hanged in chains from a gibbet placed on some island or jutting point near a ship channel, there to hang "a sun drying" as a warning to other sailormen of evil intent. In Boston harbor there were formerly two islands--Bird Island and Nix's Mate--on which pirates were gibbeted.[94] Bird Island long since disappeared and ships now anchor where the gibbet formerly stood. Nix's Mate was of such size that early in the eighteenth century the selectmen of Boston advertised its rental for the pasturage of cattle. Today every foot of its soil has been washed away and the point of a granite monument alone marks the site of the island where formerly a pirate hung in chains beside the swiftly flowing tides.

[94] On Tuesday the 12th Instant, about 3 p.m. were executed for
Piracy, Murder, etc., three of the Condemned Persons mentioned in
our Last viz. _William Fly_, Capt., _Samuel Cole_, Quarter-Master,
and _Henry Greenville_.... _Fly_ behaved himself very unbecoming
even to the last; ... Their Bodies were carried in a Boat to a small
Island call'd Nicks's-Mate, about 2 Leagues from the Town, where
the above said _Fly_ was hung up in Irons, as a spectacle for the
warning of others, especially sea-faring men; the other Two were
buried there.--_Boston News-Letter_, July 7-14, 1726.

What constitutes a crime? It all depends upon the minds of the people and oftentimes upon the judges. Manners and crimes vary with the centuries as do dress and speech. Here are some of the crimes penalized by Essex County Courts before the year 1655, viz.: eavesdropping, meddling, neglecting work, taking tobacco, scolding, naughty speeches, profane dancing, kissing, making love without consent of friends, uncharitableness to a poor man in distress, bad grinding at mill, carelessness about fire, wearing great boots, wearing broad bone lace and ribbons. Between 1656 and 1662 we find others, viz.: abusing your mother-in-law, wicked speeches against a son-in-law, confessing himself a Quaker, cruelty to animals, drinking tobacco, _i.e._, smoking, kicking another in the street, leaving children alone in the house, opprobrious speeches, pulling hair, pushing his wife, riding behind two fellows at night (this was a girl, Lydia by name), selling dear, and sleeping in meeting. The next five years reveal the following, viz.: breaking the ninth commandment, dangerous well, digging up the grave of the Sagamore of Agawam, going naked into the meetinghouse, playing cards, rebellious speeches to parents, reporting a scandalous lie, reproaching the minister, selling strong water by small measure, and dissenting from the rest of the jury.

With such minute supervision of the daily life of the colonists it can readily be appreciated that it was an age for gossiping, meddlesome interference with individual life and liberty and that in the course of time nearly every one came before the courts as complainant, defendant or witness. There were few amusements or intellectual diversions and they could only dwell on the gossip and small doings of their immediate surroundings. But all the while there was underlying respect for law, religion and the rights of others. The fundamental principles of human life were much the same as at the present day, and men and women lived together then as now and as they always will--with respect and love.

_Are the Times Improving?_

Edward Johnson's estimate in his _Wonder-working Providence_ supposes in 1643, a population in Massachusetts of about 15,000. There were then 31 towns in the Bay Colony, of which 10 were within the limits of the present Essex County. The population of these 10 towns was probably about 6,000. They were located for the most part along the shore line. The same geographical area in 1915 had a population of about 360,000, or exactly 60 times as great as the population in 1643, 272 years before.

_1643_ _1915_
Population 6,000 360,000
Increase in 272 years--60 times as great.
In 1643, 1 person in 60 was a criminal.
In 1915, 1 person in 600 was a criminal.
10 times more crime in 1643 according to population.
Murder (4), manslaughter (6), assault to murder (2) 0 12
Arson 0 7
Robbery, breaking and entering, etc. 8 165
Assault of various kinds 10 86
Drunkenness 7 70
Illegal sale of liquor 0 74
Sexual crimes, including bastardy, streetwalking, etc. 6 71
Living from wife 14 0
Non-support and desertion 0 48
Profanity, reproachful speeches, evil speeches, etc. 13 2
Extortion, oppression, shortweight, etc. 7 5
Idle and disorderly 3 22
Slander and libel 1 3
Forgery 0 3
Lying and perjury 2 0
Breaking the Sabbath 5 1
Misc. Putting oxen in field, absence from watch, neglect of
a servant, etc. 25 --
Delinquency, cruelty to horse, adulterating drugs,
automobile cases, junk dealers fines, etc. -- 39
---- ----
Total 101 607

In 1643--7 were servants.
In 1915--251 were South European names and a large part
of the remainder were Irish.

ILLUSTRATIONS

Plate No.

_The Governor's "Fayre House," 1630 Colonial Village, Salem._ 1

_English Merchant Vessel of about 1620._ 2

_English Merchantman of 1655._ 3

_Dutch Ship of about 1620._ 4

_Governor John Endecott._ 5

_Colonial Village of 1630, at Salem, Mass._ 6

_English Wigwams._ 7

_Framework of English Wigwams._ 7

_Thatch-roofed Cottages._ 8

_Interior of an English Wigwam._ 8

_Front Entry and Stairs in the Governor's "Fayre House."_ 9

_Hall in the Governor's "Fayre House."_ 10

_Damme Garrison House, Dover, N. H._ 11

_Corner of McIntyre Garrison House, York, Me._ 12

_Corner of Bunker Garrison House, Durham, N. H._ 12

_Fairbanks House, Dedham, Mass._ 13

_Frame of the Fairbanks House, Dedham, Mass._ 14

_Frame of the Whipple-Matthews House, Hamilton, Mass._ 15

_Wattle and Daub in England._ 16

_Corwin-"Witch House," Salem, Mass._ 16

_Spencer-Pierce House, Newbury, Mass._ 17

_Parson Capen House, Topsfield, Mass._ 18

_Front Door of Parson Capen House._ 19

_Front Entry and Stairs Parson Capen House._ 20

_Overhang and Drops, Parson Capen House._ 21

_John Ward House, Salem, Mass._ 22

_Kitchen in John Ward House._ 22

_Jethro Coffin House, Nantucket, Mass._ 23

_Weatherboarding on Saxton House, Deerfield, Mass._ 24

_Harvard College in 1726._ 25

_Diamond-pane, Leaded Glass Sash._ 26

_Crown Glass Window Sash._ 26

_Framing Details, Moulthrop House, E. Haven, Conn._ 27

_Wooden Latch of about 1710._ 28

_Knocker, Latch and Bolt, Indian House, Deerfield._ 28

_Wrought-Iron Door Latches._ 29

_Parlor in John Ward House, Salem, Mass._ 30

_Kitchen in John Ward House, Salem, Mass._ 30

_Parlor in Parson Capen House, Topsfield, Mass._ 31

_Kitchen in Parson Capen House, Topsfield, Mass._ 31

_The Dash Churn._ 32

_Court Cupboard of about 1660._ 33

_Recessed Court Cupboard of about 1680._ 34

_Oaken Chest on Frame of about 1655._ 35

_Cane-Back Arm Chair, 1680-1690._ 36

_Banister-Back Chair of about 1720._ 37

_Leonard House, Raynham, Mass._ Page 52

_Quilting Party in the Olden Time._ 38

_Counterpane made from a Blanket Sheet._ 39

_Quilted Counterpane._ 40

_Counterpane with Crewel-Work Decoration._ 41

_John Winthrop, the Younger._ 42

_Rev. Richard Mather._ 43

_Doctor John Clarke._ 44

_Mrs. Elizabeth (Paddy) Wensley._ 45

_Mrs. Elizabeth (Clarke) Freake and Daughter Mary._ 46

_Margaret Gibbs._ 47

_Alice Mason._ 48

_David, Joanna and Abigail Mason._ 49

_Capt. Thomas Smith._ 50

_Major Thomas Savage._ 51

_Edward Rawson._ 52

_Rebecca Rawson._ 53

_Chief Justice Samuel Sewall._ 54

_Rev. Cotton Mather._ 55

_Nathan Fessenden and His Sister Caroline._ 56

_Wellcurb at the John Ward House, Salem._ 57

_The Sower._ 58

_Tracing Seed Corn._ 59

_A Farmyard Scene._ 60

_Horses and a Rail Fence._ 61

_Loading Hay on an Oxcart._ 62

_Gundalow Loaded with Salt Hay._ 63

_Brushing up the Hearth._ 64

_An Old Hand Loom._ 65

_Woman Smoking a Pipe._ 66

_Title-Page of "The Day of Doom."_ 67

_Relief Portrait of Rev. Grindall Rawson._ 68

_Gravestone of Mrs. Mary Rous, 1715._ 68

_Gravestone of William Dickson, 1692._ 69

_Gravestone of Capt. John Carter, 1692._ 69

_Fire Back Cast in 1660._ 70

_Price Sheet of Joseph Palmer._ 71

_Weights and Values of Coins._ 72

_Man using a Shingle Horse._ 73

_An Old Basket Maker._ 74

_Charcoal Burners Preparing a Kiln._ 75

_Spinning with the Wool Wheel._ 76

_Old-Time Hand Loom._ 77

_Prospect of the Harbor and Town of Boston, 1723._ 78

_View of Castle William and a Ship of War, 1729._ 79

_View of Boston Light and an Armed Sloop, 1729._ 80

_Ship "Bethel" of Boston, 1748._ 81

_New England Shilling, 1650._ 82

_Pine Tree Shilling, 1652._ 82

_Willow Tree and Oak Tree Shilling, 1662._ 82

_Massachusetts Paper Money of 1690._ 83

_Massachusetts Parchment Money of 1722._ 84

_Manufactory Bill of 1740._ 85

_Massachusetts Paper Money of 1744._ 86

_An Execution by Hanging._ 87

_Seth Hudson's Speech from the Pillory._ 88

_The Trial of Capt. John Quelch._ 89

_Sermon on Some Miserable Pirates._ 90

_John Bateman's House built in Boston in 1679._ Page 233

_Casement Window Frame and Sash._ Page 238

SECTION
OF
ILLUSTRATIONS

_Plate 1_

From the model of an "English Merchantman of the size and date of the _Mayflower_", built by R. C. Anderson for the Pilgrim Society, Plymouth, Mass. Courtesy of the Marine Research Society]

_Plate 2_

Showing the Rigging Plan. From Miller's _Complete Modellist_. Courtesy of the Marine Research Society]

_Plate 3_

From Furttenbach's _Architectura Navalis_, 1629. Courtesy of the Marine Research Society]

_Plate 4_

_Plate 5_

_Plate 6_

_Plate 7_

_Plate 8_

_Plate 9_

_Plate 10_

Built before 1698 and now preserved on the grounds of the Woodman Institute, Dover]

_Plate 11_

Built in 1640 to 1645, therefore contemporary with the earliest possible Swedish buildings in the Delaware Valley, and possibly the oldest log structure standing in the United States.

Courtesy of the Bucks County Historical Society.]

Built _ca._ 1690. From a photograph made in 1911]

_Plate 12_

Built _ca._ 1637. Courtesy of the Walpole Society]

_Plate 13_

DEDHAM, MASS. BUILT _CA._ 1637

From Isham, _Early American Houses_, 1928. Courtesy of the Walpole Society]

_Plate 14_

From Isham, _Early American Houses_, 1928. Courtesy of the Walpole Society]

_Plate 15_

From Oliver, _Old Houses and Villages in East Anglia_.

Courtesy of the Walpole Society]

From an old watercolor at the Essex Institute]

_Plate 16_

Built about 1651. This house of the smaller English manor house type, has the only original two-story porch and porch chamber now existing in New England. Courtesy of the Essex Institute]

_Plate 17_

Built in 1683]

_Plate 18_

Front Door]

_Plate 19_

Front entry and stairs]

_Plate 20_

Overhang and one of the "drops"]

_Plate 21_

Showing overhanging second story, gable windows and casement sash]

The kitchen showing roasting jack, settle, birch broom, hands of seed corn, etc.]

_Plate 22_

Built in 1686. From a photograph made about 1880]

_Plate 23_

Showing unpainted weatherboarding]

_Plate 24_

From an engraving, after a drawing by William Burgis]

_Plate 25_

Period of 1675-1700; in museum of the Society for the Preservation of New England Antiquities, Boston]

Period of 1725-1750; in museum of the Society for the Preservation of New England Antiquities, Boston]

_Plate 26_

Built before 1700. Showing methods of construction to be found everywhere in New England

Drawing by J. Frederick Kelley]

_Plate 27_

Found in the French-Andrews House, Topsfield]

Built in 1698 at Deerfield, Mass.]

_Plate 28_

FIG. A FIG. B FIG. C

_Figure_ A. An inner door, wrought-iron latch that may have been made by a local blacksmith. Outer door latches were of similar type but larger. The lifts were made straight until about 1800 and the thumb-press was not saucered until about the same time. There is great individuality in the ornamentation, varying with the fancy of the smith.

_Figure_ B. This latch was imported from England. It was cheap and in common use between 1750 and 1820. The cusp, resembling the outline of a lima bean, and the grasp, thumb piece and lift are always flat.

_Figure_ C. The Norfolk latch appeared about 1800 and until about 1810 was made with a straight lift. The grasp is riveted to the plate of sheet iron as is the end of the bar and after about 1825, the catch. This latch was commonly used in the 1830's. After 1840 the cast-iron latch was generally adopted.]

_Plate 29_

The Parlor]

Corner of the kitchen showing dresser with its "dress of pewter," wash bench, meal chest, wooden ware, etc.]

_Plate 30_

Built 1683]

_Plate 31_

From a photograph by Miss Emma L. Coleman]

_Plate 32_

Owned by Gregory Stone of Watertown and Cambridge Courtesy Concord Antiquarian Society]

_Plate 33_

_Plate 34_

Probably made about 1651-1655 for Samuel and Hannah Appleton of Ipswich, Mass.]

_Plate 35_

From the family of Hon. Peter Bulkley

Courtesy Concord Antiquarian Society]

_Plate 36_

Courtesy Concord Antiquarian Society]

_Plate 37_

From a drawing by H. W. Pierce]

_Plate 38_

Embroidered in blue, greenish blue, red and yellow]

_Plate 39_

_Plate 40_

_Plate 41_

1606-1676

Founder of Ipswich and Governor of Connecticut

From the original portrait in possession of Mrs. Robert Winthrop]

_Plate 42_

1596-1669

From a wood engraving by John Foster made in 1669]

_Plate 43_

1601-1664

Practiced in Newbury, Ipswich and Boston

Courtesy of Massachusetts Historical Society]

_Plate 44_

Painted in Boston about 1670-1675

Courtesy of the Pilgrim Society, Plymouth]

_Plate 45_

Painted in Boston in 1674

Courtesy of Mrs. William B. Scofield]

_Plate 46_

Daughter of Robert and Elizabeth (Sheaffe) Gibbs of Boston

Dated 1670. Courtesy of Mrs. Alexander Quarrier Smith]

_Plate 47_

Painted in 1670, aged two years

Daughter of Arthur and Joanna (Parker) Mason of Boston

Courtesy of the Adams Memorial]

_Plate 48_

Children of Arthur and Joanna (Parker) Mason of Boston

Painted in 1670. Courtesy of Mr. Paul M. Hamlen]

_Plate 49_

A self portrait

May have painted the portraits of Major Savage and Capt. George Corwin

Courtesy of the American Antiquarian Society]

_Plate 50_

1640-1705

Born and died in Boston

Courtesy of Mr. Henry L. Shattuck]

_Plate 51_

1615-1693

Secretary of the Massachusetts Bay Colony. From the painting by an unknown artist, now owned by the New England Historic Genealogical Society]

_Plate 52_

1656-1692

From the painting by an unknown artist, now owned by the New England Historic Genealogical Society]

_Plate 53_

1652-1730

Chief Justice of the Superior Court in Massachusetts, 1718-1728

From an original painting in possession of the Massachusetts Historical Society]

_Plate 54_

1663-1728

Pastor of the Second (North) Church, Boston, 1685-1728

From a mezzotint by Peter Pelham after a portrait painted in 1728]

_Plate 55_

From a photograph taken about 1885 in Lexington, Mass.

Showing costume of a much earlier date]

_Plate 56_

Showing wellsweep, wooden bucket and girl dressed in the costume of the late seventeenth century]

_Plate 57_

From a photograph by Miss Emma L. Coleman]

_Plate 58_

From a photograph by Miss Emma L. Coleman]

_Plate 59_

From a photograph by Miss Emma L. Coleman]

_Plate 60_

From a photograph by Miss Emma L. Coleman]

_Plate 61_

From a photograph by Miss Emma L. Coleman]

_Plate 62_

From a photograph made by Miss Emma L. Coleman, about 1880, on Parker River, Newbury, Mass.

Similar craft were early used in Boston harbor and with a stump mast and lateen sail carried cargo up the Merrimack River]

_Plate 63_

From a photograph by Miss Emma L. Coleman]

_Plate 64_

Used a hundred years ago by Mrs. Jane Morrill Cummings

The harness and reeds are modern]

_Plate 65_

From a photograph by Miss Emma L. Coleman]

_Plate 66_

From the original owned by the late John W. Farwell]

_Plate 67_

Minister at Mendon, Mass. Born 1659, died 1715

Portrait cut on his gravestone]

CHARLESTOWN, MASS., 1715]

_Plate 68_

_Plate 69_

The letters I A P stand for John Pickering and Alice his wife]

_Plate 70_

Engraved by Nathaniel Hurd]

_Plate 71_

A table engraved by Nathaniel Hurd of Boston

Original engravings are owned by the American Antiquarian Society, Worcester, and the Pocumtuck Valley Museum, Deerfield]

_Plate 72_

From a photograph by Miss Emma L. Coleman]

_Plate 73_

Dried apples hang on strings against the wall]

_Plate 74_

From a photograph made in 1884 by Miss Emma L. Coleman]

_Plate 75_

Photograph by Miss Emma L. Coleman]

_Plate 76_

Now in the museum of the Society for the Preservation of New England Antiquities]

_Plate 77_

From an engraving (central part only) after a drawing by William Burgis]

_Plate 78_

Showing a ship of war of the period, probably after a drawing by William Burgis]

_Plate 79_

From the only known example of a mezzotint engraved in 1729 after a drawing by William Burgis]

_Plate 80_

_Owned by Josiah Quincy and Edward Jackson_

From an oil painting made about 1748, showing the vessel in two positions

The earliest known painting of a New England ship. Now owned by the Massachusetts Historical Society]

_Plate 81_

Minted in 1650-1652. Obverse and reverse. From a coin in the cabinet of the Massachusetts Historical Society]

Minted in 1652. Obverse and reverse. From a coin in the cabinet of the Massachusetts Historical Society]

WILLOW TREE SHILLING OAK TREE SHILLING

Minted in 1662 and soon after. From coins in the cabinet of the Massachusetts Historical Society]

_Plate 82_

The first paper money issued by any colony

From an original in the cabinet of the Massachusetts Historical Society]

_Plate 83_

From originals in the cabinet of the Massachusetts Historical Society]

_Plate 84_

From an original in the cabinet of the Massachusetts Historical Society]

_Plate 85_

From an original in the cabinet of the Massachusetts Historical Society]

_Plate 86_

The cart which brought to the gallows the condemned man and his coffin is in the foreground, and behind it, on horseback, is the sheriff]

_Plate 87_

Caricature engraved by Nathaniel Hurd]

_Plate 88_

_Plate 89_

_Plate 90_