Showing posts with label colonial law. Show all posts
Showing posts with label colonial law. Show all posts

Saturday, March 26, 2016

Sexual Deviance In Colonial Plymouth


Keep in mind... Al Capone died in his bed, albeit in a jail cell. Jeffery Dahmer only got the death penalty because it was meted out by a prisoner. Charles Manson still draws breath, the Tsarnaev kid is still kicking, Whitey Bulger will most likely die of old age and Sirhan Sirhan still applies for parole.

However, America saw fit to put Thomas Granger up on the gallows.

I first became aware of his case when someone was trying to identify the grave of Myles Standish. They narrowed it down to a pair of graves, and even got some ground-penetrating sonar to make sure that they had a short guy (Standish, although more man than most, was about 5 feet tall). They then dug up the body, and because it didn't have some old Standish leg injury, they knew that they had mistakenly disinterred the previously-unknown grave of the kid who was put to death for, and I quote from memory via the Duxbury Reporter article from the late 1980s, "having gained carnal knowledge of the Brewster livestock."

Granger's crime? "Buggery with a mare, a cow, two goats, divers sheepe, two calves, and a turkey." He was caught in the act, with a horse.

E-I-E-I... Oh!

We're delving into Buggery (aka Bestiality, a term not invented in 1642) today because Granger is one of my homeboys, from Duxbury.

Granger was the second person (after murderer John Billington, of Billington Sea fame) to be put to death by the Europeans in 'Merica, and he was the first juvenile to go up a rope. He was an indentured servant to Love Brewster, and was 16 or 17 years old. He didn't make 18.

Granger's 1642 sentence came straight from Leviticus, and, in keeping with the Bible's commands, the animals that he tenderized with the Meat Hammer were slaughtered in front of him. They were then buried, with no use being made of any of them. After that, they had a Thomas Granger necktie party.

There was probably a 0.0% chance of a casual sexual encounter for a white-slave farm hand in Puritan America, and even The Scarlet Letter (based in the same 1642 year that the Granger trial was) story had to be based in the more hard-partying Massachusetts Bay Colony. History is quite clear on what happened in Colonial Plymouth when you let the freak flag fly freely, friend.


Plymouth was Freak City in America for a while, and probably shamed Sodom on a per capita basis. John Walker was tried but released on charges of "laying with a bitch." It could have been a dog or a lewd women (both uses for "bitch" were common in 1642), history doesn't specify. William Honeywell skated in 1655 on a Buggery case when no evidence could be put against him.

Thomas Saddeler lost a Buggery case in 1681, but he avoided the death penalty by being branded with a P (for Pollution) on his forehead. He also had to sit atop the gallows with a rope around his neck, to remind him that he was getting off easily. Saddeler, ironic name joke coming, was caught buggering a horse.

People tend to think of the Colonial-type people as dour, prudes, and sexless. However, they did have children, and that involves sex. Now, this was pre-YouTube, and Larry Flynt's great-great-great grandfather was still a few hundred years from being born, but love will find a way. Granger has a resume that would shame any modern porn star, and he built it up 375 years before Sinn Sage was born.

To keep it Duxbury for a bit, let's examine the case of Mary Mendame, of "Duxburrow." She snuck off on her hubby one day a whole bunch of days when what I shall call Forest Fever took over, and she entered into a dalliance with Tinsin, a local Wampanoag with a taste for The Other White Meat. There were numerous and, yes, diverse dalliances, and "the act of uncleanness was committed."

Mary was lashed for these dalliances, and was forced to wear some sort of scarlet letter thingy. If she was caught without it, she was to be burned in the face with a hot iron. Tinsin, who drew some sympathy as the seductee, just got whipped with a halter for going Five Hole on the colonial cutie.

The Native Americans come up if you research this topic, but they also come off looking pretty conservative. Colonists were amazed to learn that rape wasn't a part of Native American culture, and that they didn't rape their war prisoners. To my knowledge, there was only one instance of a Native raping anyone of any tribe or ancestry.

"Sam, The Indian" was convicted of raping Sarah Freeman in 1682. Rape was one of three crimes (murder, rape, and I'm assuming Buggery... Adultery too, but the Big A dropped down into the minor leagues by the 1680s) that had the death penalty back then, but Sam,who was noted to have "limited capacity," was given some slack because they very progressively felt that he may not have been aware of the concept of rape. "Given some slack" in this case means a lashing and exile.

Sam pulled off one of two rapes recorded in early Colonial history. The other case involved Ambrose Fish and a Lydia Fish. Ambrose escaped the gallows because there was only one witness (Lydia), and Ambrose refused to confess. He got a whipping instead. Ambrose and Lydia, of Sandwich, may have been brother/sister. It beats a sheep, I suppose...


Now, we started off with the heavy freak stuff for a reason. I don't think that too many people these days would bemoan the execution of a rapist, and a good beating is probably what a buggerer needs more than anything but therapy. I feel badly for Tinsin, but American blacks were being lynched for lesser interracial sexual "offenses" 300 years after Tinsin skated with a whipping. The Pilgrims don't really look that extreme at this point.

Where the colonists start looking somewhat overbearing is when they start judging less-spectacular sexual offenses. If the big three are murder, rape and buggery, there is a decided second tier of fornication, adultery, homosexuality, propositioning and a sort of shepherd's pie of lesser offenses like "frequently kisses a woman who is not his wife," "fails to be properly motivated to find a wife," and "enjoying a quick scrappe."

OK, I made up that last one. I found no information on solo flights (Woody Allen, when told he was a great lover, replied "I practice a lot when I'm alone."), but I'm also doing concurrent researchin/writin'. I'll rely heavily on a research paper that I stumbled across.

Adultery, as you recall (if I'm right), is what the "A" that Hester Prynne had to wear stood for. Puritans viewed Adultery as any sex act with a married or betrothed person who you weren't married or betrothed to.

Adultery was viewed as worse than Fornication, as marriages often involved a dowry that could make or break a family. Leviticus demands death for the A, but Deuteronomy provides a little wiggle room if the woman protests during the shagging. However, the onus of the punishment fell on women for their infidelity against their husband, because Dark Ages.

There were 9 cases of Adultery brought up in colonial Plymouth courts. Three involved straight philandering, three were brought up by someone seeking divorce, one was Tinsin and Mary Mendame, Two were "other," and I saw a reference to "whoredom."

Anne Linceford was caught riding the D Train with Thomas Bray when Mr. Linceford was out on the town. They were sentenced to lashings in both Plymouth, where the court was, and Yarmouth, where the deed went down. Anne had to wear an AD scarlet lettering (they feared that just an "A" would be taken by people as if she was wearing it for "Anne," like LaVerne DeFazio used to do with her "L" sweaters), for ADultery.

Katheren Aimes also got a two-town lashing for doing the shagnasty with William Paule, getting tiiiiied to the whippin' post in both Plymouth and Taunton. She also had a scarlet B, for (I think) Behavior. Aimes' husband, who may have abandoned her, was also punished, and did some time in the stocks.

Many times, the proof of Adultery was in the form of a baby. Mary Attkinson and John Bucke were charged with Adultery that resulted in a child. They weren't even sure if Mr. Attkinson was alive when Mary got Bucke Wild. They each paid a ten-pound fine and avoided a whipping.

Other cases involved sailors/whalers being gone for a year, coming home to their wives, and somehow having a newborn baby in a crib.

People were feeling the Bern even in 1681, when John Glover petitioned for divorce from Mary Glover because she took pipe from another man and then infected her hubby "with that filthy & noysome disease called the pox."

In some cases, even where divorce for Adultery was granted, the woman was not punished. Perhaps they felt that the shame was enough punishment, who knows?


Fornication was sex outside of the covenant of marriage. A baby being born 4 months after a hastily-arranged wedding was enough to merit a whipping and a scarlet letter.

A mutually-pleasing 69 cases of fornication were brought before Plymouth courts in the colonial era. They actually have some stats for this, which appeals to the fantasy-football geek in me. 48% involved people who were never married. 46% involved people who were not married or betrothed, but who eventually (and perhaps at the end of a musket) were betrothed, and 6% involved people who had entered into a wedding contract and just couldn't wait until the wedding to hit skins.

Punishment was generally a fine or a whipping, but they played it case-by-case. John Tompson paid a five shilling fine and skipped imprisonment for an out-of-marriage hippy hippy shake. Jane Powell, who put in work with a fellow servant, had her name cleared, as she was "in a sadd and miserable condition," and thought that the servant would marry her. Sarah Ensigne, convicted of whoredom, got the worse than usual penalty of being "whipt att cart's taile." Thomas Burge got a double-whipping for his sack time with Lydia Gaunt.

In fornication cases, it was not unusual for a man to get corporal punishment while the woman got a fine or a scarlet letter.

Two cases of Incest were recorded. Both were Daddy's Little Girl cases. Thomas Atkins was whipped in 1660 for propositioning his daughter Mary while drunk. Martha Hewitt's 1689 baby-sans-father was blamed on her own father, especially when Mary threw her name in the gully by refusing to name the baby's daddy. Pops skated when some paperwork was lost.

"Attempts and Propositions" sounds like where Patrick Bateman works, but it was a crime in Plimoth. You couldn't just walk up on a girl and go "Yo baby, wassup?" in 1650. Plymouth courts had 15 such cases in Funny Hat times.

John Pecke was fined fifty shillings for not leaving a maid alone. Edward Crowell and James Maker were lucky to slide with a four-pound fine after trying to break into a house while the man was at sea and demanding sex from his wife and sister.

My favorite was "Richard Turtall... presented to the court ... for laciuiouse carriage toward Ann Hudson, the wife of John Hudson, in taking hold of her coate and inticing her by words, as alsoe by taking out his instrument of nature that hee might prevaile to lye with her in her owne house" History does not record his punishment.


The oldest profession was practiced in New England, but at least one web page says that it wasn't as bad as we think it was. Of course, that page is called Doing The Nasty In Colonial America. False charges of whoredom were common, and could be made without a scrap of evidence. A charge of whoredom could be used as an economic weapon against females who owned property.

The type of rampant prostitution that you see in Jack The Ripper specials was more of an Industrial Revolution-era thing, and tended to be urban in nature. However, there are always women of the trade working any town where sailors come ashore.

There were a few cases of Child Support that made it to court, at least indirectly. In one case, Nathaniel Soule was sentenced to both a lashing and a child-support payment of ten bushels of Indian Corn. The payee, a Wampanoag girl, was also whipped for Fornication. A similar punishment was meted out to a male slave, who was assigned an 18 pence per week payment to a female slave named "Bonny" for one year, to be put to the maintenance of a child.

"Lascivious and Suspicious Conduct" could mean a lot of things, often where intercourse could not be proven. Hugh and Mary Cole were fined for LaSC, but the court could not prove Fornication. Johnathan Hatch and Frances (or Francis) Crippin escaped from being busted in a mutual extramarital affair with a warning for Hatch to stay away from the Crippin household. Ann Savory (awesome name) had to sit in the stocks just for being drunk in public with a man who she was not betrothed to.

LaSC was also used to persecute homosexuals of any gender. The wife of Hugh Norman and a Mary Haimmon were caught in bed together. No lashings went down, but Mrs.Norman (and maybe Mary Haimmon, I couldn't find her punishment) was forced to make a statement before the court.


So, in the end, those Pilgrims weren't so boring after all.

Just don't order the lamb chops.