382
The Green Bag.
man of the realm, was punishable by fine and imprisonment, at common law; and the statutes of the first Edward and second Richard confirmed this law. (Westmin. I.; 3 Edw. I., ch. 34; 2 Ric. II., ch. 5, and 12 Ric. II., ch. 11.) In the New Haven colony, any one above fourteen who wittingly and willingly made and published any lie tending to damage any particular person, or with the intent to deceive or abuse the people with false news, or which might be pernicious to the public weal, was liable to a fine; and if Perhaps it was upon this suggestion that it he offended thrice, to be whipped (Trum was introduced into Massachusetts. bull's True Blue Laws, p. 239). The great About 1682 the clergy in Scotland had a Caesar tells us that among the ancient Gauls summary way of dealing with scolds : a fa no one was allowed to spread public news of mous divine, Mr. Peden, on one occasion any kind, without first communicating it to after wading " Douglas-water very deep, the magistrates (De Bell. Gall. lib. 6, c. came to a house there : the good wife of the 19). Since the days of newspapers these house insisted (as most part of woman do wise laws have ceased to be enforced. not keep a bridle-hand) in chiding of him; False prophets terrifying nervous people which made him to fret, and said, ' I wonder with imaginary dangers were punished capi that your tongue is not sore with so much tally by a statute passed by the boy king idle clatter.' She said, ' I never had a sore Edward (1 Edw. VI., c. 12.) His sister mouth or tongue all my days.' He said, Mary repealed this law, as she did many an ' It will not be long so.' Accordingly, her other of his; but good Queen Bess enacted tongue and gooms swelled so that she could that the penalty for the first offence should get no meat taken for several days." (Buc be ten pounds and one year's imprisonment, and for a second, forfeiture of all goods and kle's History, etc., vol. iii. ch. 4.) Slander by a married woman in Virginia, chattels, and imprisonment during life (5 in the early days (circa 1662), was atoned i Eliz. c. 15.) Coke tells us: "Certain it is for by the husband paying a fine of five that to foretell of things to come is a prerog hundred pounds' weight of tobacco; and if ative appropriated to the Holy Ghost; and he, worthy soul! did not pay this, the woman that the devil cannot prcedicere, foretell of was ducked in the ducking-stool. According things to come, which notwithstanding S. to the law of the Twelve Tables in Rome, Austin did sometime hold that he could. insulting songs were punished by death; But afterwards justly retracted. . . . Also apparently the guilty singer was disposed of predictions, either of the time or end of the with a club. Pascal charged the Jesuits of world, or that it is at hand, are not lawful." his day with sanctioning killing for the And the authorities quoted to prove this slander of a member of a religious order. latter proposition are Acts i. 7, Matt, (Hening's Statutes at Large, vol. ii. pp. xxiv. 36, 2 Thess. ii. 1,2 (Coke, Third Inst, 166, 167; Morgan's Law of Literature, vol. i. ch. 53). p. 92; Stephens's Hist, of Criminal Law, A man's grammar may perchance be ch. 2.) passed upon by a learned bench of judges; for In England the spreading of false news so " courts are not only expounders of the law, as to make discord between the king and his of society, of religion, of trade, of domestic nobles, or such news concerning any great relations, and of all contracts, but actually of
me go; with God's help I 'll sin no more.' Then they drew back the machine, untied the ropes, and let her walk back in her wetted clothes, a hope fully penitent woman." Mr. Hartley adds : " Methought such a reformer of great scolds might be of use in some parts of Massachusetts Bay, for I 've been troubled many times by the clatter of the scolding tongues of women, like the clack of the mill, seldom ceasing from morning to night." (Meade's "Old Churches, Ministers and Families in Virginia;" Hening's Statutes at Large, vol. ii. p. 75, Virginia.)