Early Justice System


© Lynda Langford

Looking back through our history it is easy to romanticize things, I do this often, I admire the wonderful costumes, the richly embroidered clothes, the quaint chivalry and customs. Ah but wait a minute, what about life for the ordinary villager, the wayward wife, the petty villain.....

There were many instruments designed to punish offenders, and they were basically instruments of torture, here I describe two such items.

From Medieval times up to the beginning of the 19th century, one of the implements used on women was the Scolds Bridle, a cage made of iron which was placed over the head, which had a tongue shaped piece or a spiked part placed over the tongue, presumably to stop it wagging! This device was believed to have first been used in Scotland, but then its use was widespread in Britain, and parts of Europe also made use of it. A simpler but equally nasty device was used in the USA, called a cleft stick.

The crime? Nagging, brawling with neighbours, generally having too much to say, blaspheming, lying. Sometimes the Scolds Bridle was used on men too, for the same offences. Apart from the intended humiliation of having to wear one of these in public, the pain must have been horrendous, often the victim's mouth would bleed, and I wonder how many people later died from infection.

Another favourite punishment was the Ducking Stool, a simple stool or chair which was placed on a scaffold alongside a river or pond, a rope or a lever would be attached to a pulley of sorts and the victim was "ducked" (lowered) into the water, this often went on for some time, attracting crowds who came to stare or jeer. Again this form of punishment was meted out mainly, but not exclusively, to women.

How easy it must have been to keep a woman "in her place", a husband merely had to complain to the local official of his wife's misdemeanor, and surely she would be taught a lesson. The instances of these punishments are so numerous that I can only conclude that there were many women who, despite the threat of the Scold Bridle or the Ducking Stool, still took the risk of speaking out of place, or holding a strong opinion and perhaps challenging their husband's authority!

Talking of husbands, sometimes there were cases of wife selling, it does seem hard to believe, but up until the mid 1800's obtaining a divorce was very difficult and expensive and was a luxury afforded only by the rich. In 1857 the Matrimonial Causes act came into force in England, enabling the ordinary person to divorce his/her spouse providing they had reasonable grounds to do so.

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The copyright of the article Early Justice System in U.K. History is owned by Lynda Langford. Permission to republish Early Justice System in print or online must be granted by the author in writing.

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Here's the follow-up discussion on this article: View all related messages

8.   Apr 14, 2002 4:31 PM
In response to message posted by CarolWallace:


Yes it would have been difficult for the woman if she were the guilty p ...


-- posted by Lynda04


7.   Apr 14, 2002 4:19 PM
I just finished a contemporary mystery called Scold's Bridle - in which the victim was found wearing one of these devices - an old family heirloom. ;-)

You say "I can only conclude that there were ...


-- posted by CarolWallace


6.   Mar 16, 2002 4:52 PM
In response to message posted by thebattwoman:

Thanks for thinking to mention him Elizabeth. ...


-- posted by Lynda04


5.   Mar 16, 2002 9:57 AM
In response to message posted by Lynda04:

I didn't know whether you had encountered him before, it's easy to get lost am ...


-- posted by thebattwoman


4.   Mar 15, 2002 11:39 PM
In response to message posted by thebattwoman:

Elizabeth! I have communicated in the past, and will do again ;-) ...


-- posted by Lynda04





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