Branding and Maiming
Lawes and Orders Divine
That every person who shall receive relief from the parish, and be sent to the said house, shall, upon the shoulder of the right
sleeve of his or her uppermost garment, in an open and visible manner, wear a badge with the name of the parish to which he or
she belongs, cut in red, blue or green cloth, as the vestry or church wardens shall direct; and if any poor person shall neglect or
refuse to wear such badge, such offence may be punished either by ordering his or her allowance to be abridged, suspended or
withdrawn, or the offender to be whipped not exceeding five lashes for one offence; and if any person not entitled to relief, as
aforesaid, shall presume to wear such badge, he or she shall be whipped for every such offence.
The way of punishing scolding women is pleasant enough. They fasten an armchair to the end of two beams twelve or fifteen
feet long, and parallel to each other, so that these two pieces of wood with their two ends embrace the chair, which hangs
between them by a sort of axle, by which means it plays freely, and always remains in the natural horizontal position in which a
chair should be, that a person may sit conveniently in it, whether you raise it or let it down. They set up a post on the bank of a
pond or river, and over this post they lay, almost in equilibrio, the two pieces of wood, at one end of which the chair hangs just
over the water. They place the woman in this chair and so plunge her into the water as often as the sentence directs, in order to
cool her immoderate heat.
This scaffold constituted a portion of a
penal machine which now, for two or three generations past, has been merely historical
or traditionary among us, but was held in the old time to be as effectual in the
promotion of good citizenship as ever was the guillotine among the terrorists of France.
It was, in short, the platform of the pillory; and above it rose the framework of that
instrument of discipline, so fashioned as to confine the human head in its tight grasp,
and thus hold it up to the public gaze. The very ideal of ignominy was embodied and
made manifest in this contrivance of wood and iron. There can be no outrage, methinks
-- against our common nature -- whatever be the delinquencies of the individual -- no
outrage more flagrant than to forbid the culprit to hide his face for shame.
The Chesterfield brank is a good example, and has the additional interest of bearing a date. It is nine inches in
height, and six and three-quarters across the hoop. It consists of a hoop of iron, hinged on either side, and
fastening from behind, and a band, also of iron, passing over the head from back to front and opening dividing in
front to admit the nose of the woman whose misfortune it was to wear it. The mode of putting it on would be thus:
The brank would be opened by throwing back the sides of the hoop, and the hinder part of the top band by
means of the hinges. The constable would then stand in front of his victim and force the knife or plate into her
mouth, the divided band passing on either side of her nose, which would protrude through the opening. The hoop
would then be closed behind, the band brought down from the top to the back of the head, and fastened down
upon it, and thus the cage would at once be firmly and immovably fixed so long as her tormentors might think fit.
On the left side is a chain, one end of which is attached to the hoop, and the other end is a ring by which the victim
was led, or by which she was at pleasure attached to a post or wall. On the front of the brank is the date 1688."
Noe man shall vnworthilie demeane himselfe vnto any Preacher, or Minister of God's Holy Word, but generally
hold them in all reverent regard and dutiful intreatie, otherwise he the offender shall openly be whipt three times, and
ask publick forgiveness in the assembly of the congregation three several Saboth daies.
There is no one man or woman in this Colonie now present, or hereafter to arrive, but shall give vp an account of
his and their faith and religion, and repaire vnto the Minister, that by his conference with them, hee may vnderstand,
and gather, whether heretofore they have been sufficiently instructed and catechised in the principles and grounds on
Religion, whose weaknesse and ignorance herein, the Minister, finding, and advising them in all love and charitie to
repaire often unto him to receive therein a greater measure of knowledge, if they shal refuse so to repaire unto him,
and he the Minister give notice thereof unto the Governour, he shall cause the offender first time of refusall to be
whipt, for the second time to be whipt twice, and to acknowledge his fault vpon the Saboth day, in the assembly,
and for the third time to be whipt every day vntil he hath made the same acknowledgement, and asked forgivenesse
for the same, and shall repaire vnto the Minister, to be further instructed as aforesaid; and vpon the Saboth when the
Minister shall catechize and of him demaund any question concerning his faith and knowledge, he shall not refuse to
make answer vpon the same perill.
Those who were found to "calumniate, detract, slander, murmur, mutinie, resist, disobey, or neglect" the officers'
commands also were to be whipped and ask forgiveness at the Sabbath service. The Puritans were said dreadfully
to seek God; far greater must have been the dread of Virginia church folk; and in view of this severity it is not to be
wondered that this law had to be issued as a pendant:
No man or woman, vpon paine of death, shall rune away from the Colonie, to Powhathan or any savage Weroance
else whatever.