This is part of a very long and detailed Massachusetts law designed to keep the Sabbath holy, passed in 1782.
No surprise here; the 1780 state constitution directed the legislature to pass a mandatory church attendance law. There is also a 1785 Massachusetts statute providing for punishment of adultery, polygamy, and lewdness. (I think of this as the Hollywood law.)
Conservative. Idaho. Software engineer. Historian. Trying to prevent Idiocracy from becoming a documentary.
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Is this usage of the gallows intended to be capital punishment, or public humiliation?
ReplyDeleteIt is a reminder that this crime was formerly capital, and public humiliation. Connecticut's somewhat similar law required those convicted, along with the other punishments, to wear a "halter" (or noose) around the neck when appearing in public for life. A somewhat similar punishment was used in Massachusetts at one time for a guy who was convicted of molesting little girls -- but because there was no penetration, he was not actually guilty of rape.
ReplyDeleteInteresting.
ReplyDeleteI guess Nathanael Hawthorne didn't think the imagery of wearing a halter/noose for life was as shocking as a large red "A" for life.