"the theocratic death penalty" [was Biblical]

[Laurence Horn]

On Oct 16, 2011, at 9:06 AM, Joel S. Berson wrote:

> At 10/15/2011 11:34 PM, Laurence Horn wrote:
>> "The aura of the theocratic death penalty for adultery still clings
>> to America, even outside New England, and multiple divorce, which
>> looks to the European like serial polygamy, is the moral solution to
>> the problem of the itch.
>
> (Although only the itch can afford multiple divorce.)
>
> As someone who is living in colonial New England, I must
> protest.  There was wide opposition to the death penalty from its
> enactment (including Gov. William Bradford of Plymouth, on the
> Biblical ground that no life was taken in adultery, but not generally
> from the ministers).  There were just 3 executions ever  for adultery
> in all of New England.
>
> In Massachusetts two people, one man and one woman, were executed
> (1644).   Since there was only one witness, whereas two were required
> by law, there was disagreement among the judges; finally, their
> confessions were accepted as a second "witness" and they were
> convicted.  There was such repugnance that few cases of adultery were
> brought thereafter, and both grand and petit juries refused to bring
> in indictments or convictions.
>
> In Connecticut one man was executed (1650), but the woman was
> reprieved.  It may be that the man was not because there was
> suspicion about the timely death of the woman's husband.
>
Note that 1650 was just two years before the appearance of that remark by Anthony Burgess on the Biblical use of "spirit", so that was obviously during this time-travelling drop-in on colonial New England; the capital execution incident you cite obviously made a big impression on him.

LH

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