The Tongue. a magistrate fails to do his duty in the prem ises, he is fined five pounds; and a constable neglecting to inform when the swearing reached the tympanum of his ear forfeits forty shillings, — a great many bobs for a bobby to lose. The parsons, too, had to read this law and tariff of rates in all their churches four times a year, or else put up a forfeit of five pounds. About a dozen years ago the English newspapers informed the world that the Rev. Rees Pritchard, vicar of Llandyfodwg, was charged at the Bridgend petty sessions by another Welshman named Thomas Davies, of Ystradyfodwg, for that " he the de fendant on February the 16th did profanely curse one curse, ' You are a damned liar,' five times repeated; and another curse in these words, ' You are a damned coward,' five times repeated; he then being a gentle man." And the upshot was that the Bench fined the Reverend Vicar five shillings and costs for each curse. (We humbly submit that Justice and Fair-play should allow an occasional curse to any one not to the manor born who has to pronounce the names of places in Wales.) In Virginia, by the laws of 1610 and 1611, it was enacted that no man use unlawful oaths upon pain of severe punishment for the first offence, and for the second to have a bodkin thrust through his tongue, and for a third time so offending he was to be brought to a martial court and there receive censure of death. The first code of Connecticut contained a law, copied from the Massachusetts law of 1646, to the effect that any person swearing rashly and vainly, or sinfully and wickedly cursing any, should "forfeit to the common treasure, for every such several offence, ten shillings," and in case of default in payment he was sent to the stocks, there to continue not exceeding three hours, nor less than one hour. In the New Haven colony, the fine for the first conviction was likewise ten shil lings, for the second it was double that; but if the person offended the third time, " he
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shal be whipped (so runs the law), for his incorrigible prophaneness. And if swearing and curseing go both together, or be accom panied with other sinful aggravations, such miscarriages shal be punished with a higher fine, or corporally with due severity, as the court shall judge meet." We find from the old Colonial Records that these laws were meant to be and were enforced. In September, 1636, the Massa chusetts General Court had before them one Robert Shorthouse, who, for swearing by the blood of God, was sentenced to have his. tongue put into a cleft stick, and so stand for the space of half an hour. Mrs. Elizabeth Applegate had a similar sentence pro nounced against her for swearing, railing, and reviling. Shortly afterwards John Smith, of Meadford, although found guilty, was only set in the bildoes, because he was penitent. One had to talk quietly and peacefully when in church or churchyard, in the old days; for mere quarrelsome words, which were not an offence anywhere else, were penal there. That goody-goody youth Ed ward number Six, enacted that if any person should, by words only, quarrel, chide or brawl, in a church or churchyard, the ordi nary [the bishop] should suspend him, if a layman, ab ingressu ecclesia, from going to church; and if a clerk in orders, from the ministrations of his office during pleasure (5 & 6 Edw. VI. c. 4.) How Colonel Ingersoll, and some other doughty men of to day, that might be named, would writhe if so punished! Blasphemy against the Almighty, by de nying his being or providence, or by contu melious reproaches of our Saviour; and all profane scoffing at the Holy Scriptures, or exposing them to contempt or ridicule, were punished by the English common law by fine and imprisonment, or other infamous corporal punishment. (1 Hawk. P. C. 7; 3 Barn. & Aid. 161; 2 Strange, 834). The act 1 Edw. VI., ch. 1 (which repealed 1 Mary, ch. 2, and revived 1 Eliz. ch. 1), en
