Reasons for punishment in the early 1700s included: killing a slave, stealing a horse, absenting oneself from church, illicit cohabitation/adultery, failure to pay taxes, insulting the minister, failure to keep his appointed stretch of road in good repair. having a "base born" child, drunkenness, stealing, murder, disturbing the peace and being a vagabond.
Punishments included: time in the stocks (either the stand-up or sit-down sort). "This was a form of public ridicule and humiliation since the prisoner's ankles, wrists and neck were shackled in the stocks on the courthouse lawn and the public gathered to taunt him/her."
Those convicted of stealing would have one or both of their ears nailed to the pillory for a specified time at the conclusion of which the sheriff used his sword to cut the sorry soul loose, leaving the ear affixed to the pillory.
Though women criminals were often dealt with as harshly as men, the usual punishment imposed on women for minor offenses was the "ducking pool" or "dunking stool." The lady was placed on the stool attached to the end of a long pole in a public area and was "ducked" or dunked in a pool of water, a spectacle enjoyed by all except the victim.
As I read these pages, I was stuck by how much the idea of public humiliation was part of the punishment. Yes, loosing an ear was painful and awful but being put on display as a criminal was likely just as painful for the victim. I personally think that using thirty minutes in public stocks would be great punishment for minor offenders today.
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