offence, he was to be deemed incorrigible, and, as we have seen, be punished with death, or other grievous punishment. Larceny of ships, etc., was punished in the discretion of the court, but not to the extent of life or limb. Whoever committed larceny of money or chattels was compelled to restore threefold to the party wronged, and was then fined or whipped, at the discretion of the court. Petty larceny was punished by payment of the damage or fine of 40s., by being set in the stocks, or whipped not exceeding 10 stripes, or by receiving "only legall admonition," whatever that may have been, in the discretion of any member of the council. For swearing, the punishment was IOS., but upon default in payment, the offender might be committed to the stocks, not exceeding three hours nor less than one hour. Where the offender swore 66 more oathes than one at a time,” etc., the fine was 20s. Swearing at man or beast was put on the same basis. In default of payment, the offender might be whipped, or committed to prison till payment. Profaning the Lord's day "by doeing unnecessary servell worke or travell, or by sports or recreations, or by being at ordinarys in time of publique worship," was punished by a fine of 10s., or by whipping; but if done "proudly or presumptiously, and wth a high hand," the offender was "sevearly punished," at the discretion of the court. Contempt of God's word was punished by fine or corporal punishment in the discretion of the court, but this did not extend to life or limb. Contempt of ministers was fined 20s. for the first transgression, or to be set in the stocks not exceeding four hours, but for subsequent offences the offenders were fined 40s., or whipped for every transgression. Forcible detainer of possession was punished by fine, or other punishment, in the discretion of the court. Conspiracy against the province was punished by fine, imprisonment, binding to the peace, or good behavior, in the discretion of the court. Whoever forged deeds was compelled to pay the party double damages and be fined a like amount. In default of payment he was publicly whipped, and branded with the Roman letter F in the forehead. If any notary or officer defrauded or embezzled public records, he was punished by loss of his office, disfranchisement, and being burned in the face. Whoever attempted to corrupt such officers was severely punished by fine, imprisonment, or corporal punishment, in the the discretion of the court. No punishment was provided for lying, where the person was under 16 years of age, but others, if the lie tended to damage, or was told with wrongful intent, were fined 10s.; and if they were unable or refused to pay the fine, they were set in the stocks, but where the lie was "greatly prnitious to ye common weale," the offender was more "sevearly" punished, in the discretion of the court. If any person wilfully burnt another's fence, he was compelled to make good the damage, was fined 40s., and bound to good behavior. Whoever wilfully broke down another's fence, gate, or bridge was compelled to pay the damage, and fined according to the nature of the offence. Whoever wilfully removed or defaced any bounds set up by lawful authority was fined from 20s. to £5. Innholders suffering unlawful games in or about their houses were fined 40s., and besides, a fine of 10s. was inflicted upon each gamester. The head of the family who suffered card-playing or other games in his house or elsewhere was fined 20s. and each player IOS. Whoever fired woods between the first of March and the latter end of April was compelled to make good the damage, and be fined 10s. or be set in the stocks. Whoever was found drunk in any tavern, ordinary, ale-house, or elsewhere, was fined for the first offence 5s.; for the second offence, IOS., and be set in the stocks not exceeding two hours if he should not pay that fine; for the third offence he was to be bound to good behavior; for the fourth offence he was to be fined £5 or be publicly whipped, and "so from time to time.” The authors of the Cutt code borrowed from Plymouth the following definition of drunkenness : "By drunkenness is to be understood one yt lisps or falters in his speach by reason of over much drink, or yt staggers in his going, or yt vomits by reason of excessive drinking, or that cannot by reason thereof follow his calling." The Cranfield code impaired this definition by providing that "whosoever shall drink to excess, so as thereby to disguise himself, discovering the same by spech or behavior," should be deemed "drunk." The Cutt code made that adultery in the betrothed woman which would have been so if she were married. In Massachusetts this offence was punished with death, but the Cutt code provided that the offender should be whipped "two severall times, not exceeding 40 lashes, viz', once when ye Court is sitting at wch they were convicted of the fact, and ye 2d time as the court shall order, and likewise shall ware 2 cappitall letters A. D. cut out in cloth and sowed on theire upermost garmts on theire arms or back, and if at any time they shall be found wthout the said letters so woren whilst in this Governmt, to be forthwth taken and publiquely whiped, and so from time to time as often they are found not to weare them." The Cranfield code fined the offenders 10s. apiece, and made the same provision in relation to the "scarlet letter," but provided further that if the offender" shall appear without the said letters, he or she shall be liable to pay a fine of five pounds as often as the offender shall be so found." The act of June 14, 1701, treated betrothed women as unmarried women. It put the man and woman offending on the same legal basis, and provided that they should be "severely whipped, not exceeding Thirty stripes; unless it appear upon Tryal, that One Party was surprised [whatever that may have been], and did not consent, which shall abate the punishment as to such party." 3 N. H. Prov. Papers 224. It further provided,— "And if any Man shall commit Adultery, the Man and Woman that shall be convicted of such Crime before His Majesty's Justices of the Superiour Court of Judicature, shall be set upon the gallows by the space of an Hour, with a Rope about their Necks, and the other end cast over the gallows; and in the way from thence to the Common Goal shall be severely whipped, not exceeding Forty stripes each; also every person and persons so offending shall forever after wear a Capital Letter A of two inches long and proportionable in bigness cut out in Cloth of a contrary colour to their cloathes, and sewed upon their upper Garments, on the outside of their Arm, or on their back in open view. And if any person or persons having been convicted and sentenced for such offence, shall at any time be found without their Letter so worn, during their abode in this Province, they shall by Warrant from a Justice of the Peace, be forth with apprehended, and Ordered to be Publickly Whipped, not exceeding Fifteen stripes, and so from time to time, toties quoties." This act remained in force, and, what is more, was enforced, until its repeal, June 20, 1792. Many at this day believe that the scarlet letter immortalized by the genius of Hawthorne was the creature of his weird and powerful imagination. On the contrary, in New Hampshire as well as elsewhere, it was a solemn and bitter reality, as the following instances show. At the August term of the superior court, 1719, the following sentence was passed: "It appearing to this Court that notwithstanding the frequent inhibitions & fines that have been inflicted on John Drew & Rebecca Cook for their adulterous actions that yet in contempt thereof they still proceed in open lewdness wch. is a scandale to religion & a palpable breach of his majestys laws. It is therefore ordered that the said John Drew do forthwith pay as a fine to His Majesty the sum of £20. otherwise that 20 lashes be layd on his naked back at the Carts tayle from one end of the bank to the other & that the said Rebecca Cook at the same time set in the Cart with her face to the Criminal moreover that the said Drew ware the letter A during one year on the outside of his coat in open view under the penalty of ten stripes for such defect to be inflicted on him by any of his majestys Justices of this Government & so toties quoties from time to time and that the said Drew & Rebecca Cook pay all cost & charge." Judge Smith's Old Records 293, 294. At the superior court, November 13, 1764, Margaret, the wife of Samuel Smallcorn or Smallcom was indicted for adultery with John Collier, a single man. The following is the record: "The said Margaret appearing a prisoner at the bar pleaded not guilty to the indictment, upon which a jury being duly sworn to try the issue between our sovereign lord the king & the prisoner at the bar; and the attorney for the king & counsell for the prisoner being fully heard on the evidence the jury withdraw for trial of the issue, & return into court and say the prisoner at the bar is GUILTY. "It is considered that the respondent is GUILTY. "The court having considered the offence of the respondent, do order that the said Margaret shall sit upon the gallows by the space of one hour with a rope about her neck & the other end cast over the gallows & in the way to the common gaol, shall be severely whipped ten stripes, on her naked back & shall forever after wear a capital letter, letter A. of two inches long & proportionable in bigness cut out in cloth of a contrary colour to her cloaths & sewed upon hir upper garment, on the outside of hir arm, or on hir back in open view during hir abode in this province and pay costs of prosecution taxed at the sum of thirty two pounds, fourteen shillings standing committed till sentence be performed." The record of this conviction gave the husband a divorce. The libel was signed "Samuel Smallcorn, by Wm Parker his attorney." The sentence of her paramour was as follows: "That he be set upon the gallows by the space of 1 hour with a rope around his neck & the other end cast over the gallows; & shall during his abode in this province wear a capital letter A of 2 inches long & proportionable in bigness cut out in cloth of a contrary colour to his cloaths, & sewed upon his upper garment on the outside of his arm or on his back in open view, & pay a fine of five pounds to His Majesty for the support of the government of this province & pay cost of prosecution, taxed at the sum of fifteen pounds nine shillings, standing committed till sentence be performed." The sentence of the man was much lighter than that of the woman. Whether this was because he, or the court for him, set up in mitigation the plea of the puissant Adam in the Garden of Eden, or for some other reason, the record does not disclose. By the Cutt code simple fornication was punished by enjoining marriage, or fine, or corporal punishment, or all or any of these in the discretion of the court. But where this was after contract and before marriage, each party was fined 50 shillings, and in default thereof was whipped, and might be imprisoned at |