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It's the late Middle Ages in that green and often not so pleasant land known as
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England. In a small rural village next to the River Wensum in the East of the country
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a woman has been accused of a reprehensible crime, well, she has a litany of accusations against her.
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Following continuous bickering with her neighbor over the disappearance of a buxom Greylag goose,
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under the common law, the accused has been indicted for excessive arguing
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and of being a public nuisance. If that wasn't bad enough, another blemish on her character are
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allegations made by a local woman that she's an incorrigible strumpet! As a threat to public peace
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and the general decency of the village the menfolk deliberate on a punishment befitting the crimes.
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Will it be forced silence through the iron muzzle or the dreaded and sometimes deadly cucking stool?
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Her male judges opt for the second choice, a popular punishment that provides a morning's
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entertainment for mostly downtrodden people whose happiness is sometimes derived
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from another person's humiliation and pain. Is that a true story? Well, not exactly - we
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might have embellished a bit with the vanishing goose. Still, it's based on centuries of
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recorded history. Quite extreme versions of this punishment even happened in the U.S., something
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we'll discuss at the end. But first let's talk about England, where the punishment was born.
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In the Middle Ages when people lived in very small towns and villages the authorities had
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some strange laws regarding maintaining public peace. After the Norman Conquest of 1066 when
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the English were forced to bow to their new French rulers, a common-law was set up.
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Basically, if you committed a serious crime, the punishment might be death or at the very least
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losing your property. But there were also what you might call medieval misdemeanors, crimes today
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that might only lose you a few friends, or get you doxxed or ghosted or deleted on social media.
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Yep, in the Middle Ages, it was a crime to speak out, to argue a lot, to troll, and certainly to
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fly a flag of justice. The laws mostly applied to peasants of course, so if a poor person spoke up
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and announced “Poor Lives Matter” their existence would no doubt have been hard going from thereon.
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Not only people fighting for justice were punished, though. Merely talking too much about
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a subject, especially if you were a woman, could result in an arrest by the village mob. These
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people were a kind of police called “Watchmen.” Someone accused of quarreling about a missing
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goose could be arrested for being a “common scold.” Someone who gossiped about someone
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else could also be called a scold. The meaning of that word back then was defined as, “A clamorous,
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rude, mean, low, foul-mouthed woman.” It depended on the nature of the perceived crime,
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but as you'll see in today's show, the guilty person might get away with some cuts and bruises
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and a red face, but they might also die as a result of their punishment. Merely speaking
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one's mind could get someone in serious trouble. Before we talk about the creative device of the
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cucking stool, you might want to know what other kinds of crimes could lead to a person
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being called a common scold. The punishment by the way would be handed down in something
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called the manorial courts, which were courts for peasants. It was kind of comparable to
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the justice system now, whereby you could say poor folks get a manorial public defender...
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In the 14th century, you could be accused of being a scold for a number of things, but mostly there
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were four reasons, at the time written in the law in the language of Latin. In those days in
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England Old English was considered crude. French was the language of the moneyed and educated
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and Latin was reserved for laws and other serious matters. Ok, so the four terms were, “objurgator”,
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“garulator”, “rixator” and “litigator.” That basically translates as “talking negatively”,
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“talking too much”, “having arguments” and “criticizing people or things too much”.
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You're now thinking, well, that's about every person I know who posts on social media,
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but if you think Facebook's community standards relating to certain types of speech are strict,
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non-virtual community standards in Middle Ages England were downright despotic.
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The punishments were dished out a lot when conditions for the poor were bad.
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That's because they were apt to complain and argue when they were literally starving.
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If a peasant was found walking around his village moaning about hard times and abject inequality,
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he or she wasn't applauded for talking about the oppressive landowner and his flagrant neglect
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of human rights. That peasant was punished for his views, even though that opinion was humane
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and relatable to other peasants. The common law was partly designed to keep the poor in line.
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The wealthy feared rebellion, for good reason. Throughout history, women were the victims of
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this law many more times than men. That doesn't mean only women fought for human rights, far
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from it, it was because society was incredibly, unbelievably, sexist. If the rich kept the poor
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in line, everybody kept women in line. If peasant women actually reached the age of 25, their life
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expectancy during much of the late Middle Ages due to the mortal hazards of childbirth,
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they rarely learned a craft and as one historian put it, “had little control over their own lives.”
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Cheating on a spouse was a sure way to end up in the local courts. The crime of
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adultery usually resulted in the husband being paid some compensation from the cuckolder,
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although semi-lawful revenge-killing wasn't unheard of, especially if the
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couple was caught in the act, a term called “in flagrante delicto”. The courts would often rule
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that the murder took place under mitigating circumstances. Still, for the most part,
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it was the woman who took the blame and she'd more often than not be accused of being a scold.
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Even walking around at night could get a woman in trouble,
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and if she was found eavesdropping on someone or God forbid talking to another guy,
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she would likely find herself on the wrong end of the law.
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The first instances of these punishments were written about in the Domesday Book, a manuscript
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finished in 1086 which was ordered by King William the Conqueror. He basically wanted to know what
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was going on in the land he had conquered and so asked for a survey of the entire country.
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It is in this book that we first hear about the cucking stool, or something close to it.
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The book talks about “cathedra stercoris” which can loosely be translated as a punishment chair.
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A small crime, such as talking out of line, could result in a man or a woman being
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strapped to a chair with their bare buttocks showing. They would then be paraded through
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the village or town while locals jeered them. The whole process was intended to embarrass the
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accused. This might also happen to brewers and bakers who'd sold poor quality beer or bread.
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That doesn't sound too bad really compared to some of the punishments we've talked about before,
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but that was perhaps the least extreme version of the cucking stool.
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This went on for centuries and was the go-to punishment for people who talked or acted out
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of line, especially women. As we said, it was employed more frequently during tough times
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when folks complained about work, life, lack of food, etc. According to historians, speech
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considered bad was especially prevalent during the Black Death, which isn't really surprising
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given that around half the population of England was wiped out – mostly in the poorer, rural areas,
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where the vast majority of people lived. In the 16th century, something else was added
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to the mix in the world punishing scolds, and that was called the “branks” or the “Scold's bridle.”
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This was the iron muzzle we talked about, something today you might associate with
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sadomasochism or the “Saw” movie franchise. It was almost always reserved for women of
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the poorer classes. It seems for a while it superseded the cucking stool, but the latter
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would be back with a vengeance soon enough. As for the Scold's bridle, it served the same
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purpose more or less than the cucking stool had in the earlier centuries,
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only due to it having a plate that held down the wearer's tongue, the condemned woman could
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not speak. It was also very uncomfortable. Can you imagine sleeping while wearing an
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iron muzzle that continuously makes you drool? Again, arguing or criticizing might get a woman in
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trouble, but even excessive nagging at her husband could end up with her being fastened inside
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one of those horrid contraptions. To add to the discomfort, a spike was added to the bridle so if
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the woman did try and mutter something her tongue might get pierced. This kind of punishment didn't
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really make it over the pond to the New World, although there is some evidence of it being used
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on slaves who had been accused of being unruly. It was in England and Scotland, though, were the
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Scold's Bridle was popular with local authorities. Some of the bridles have been preserved, with one
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having an inscription on it dedicated to a man named Chester. The inscription goes like this,
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“Chester presents Walton with a bridle, to curb women's tongues that talk too idle.”
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As the tale goes, a woman's gossip led to Chester losing a lot of money.
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There's some evidence the Scold's Bridle was still used from the 16th to the 19th century,
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but the cucking stool made a comeback, only this time with some fearsome technological advances.
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This time water was involved. Thus, the cucking stool became the ducking stool.
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A French writer in the 18th century named Francois Maximilian Misson
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wrote that the punishment was “pleasant enough”, although we're guessing he never tried it himself,
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especially on a day in freezing cold January. His explanation of the contraption was basically
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a chair fastened to two long poles, which were both connected to an axle. The person
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was strapped to the chair so they wouldn't fall out into the water and then the chair
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was ducked in the water. How many times that person was ducked depended on the crime,
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or in Misson's words, as long as it took to cool down her “immoderate heat.” His example featured
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a woman because as you know it almost always happened to women. If men were charged with a
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breach of the peace, they were likely put in the stocks and pelted with garbage or beaten.
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The cucking victim didn't escape the jeers of the madding crowd,
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either. The chair would often be connected to some wheels so prior to her being ducked in the water
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she was wheeled through town in front of people calling her out for being a gossip, a flirt,
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a back-biter, or something else. The water was supposed to tame the woman, or even purify her.
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You might now be thinking that the ducking stool doesn't sound so bad
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and in more clement weather you might actually pay for a go on a ducking stool, but hold your
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tongue for a while because it gets worse. You only need to hear this poem written in
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1780 to know this punishment wasn't exactly a barrel of laughs. Part of it went like this:
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“There stands, my friend, in yonder pool An engine called the ducking-stool;
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By legal power commanded down The joy and terror of the town.
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If noisy dames should once begin To drive the house with horrid din,
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Away, you cry, you'll grace the stool. We'll teach you how your tongue to rule.”
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This brings us to another kind of ducking stool, one which didn't exactly ensure the women didn't
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drown. It was similar to what we've already discussed, except the shafts that held the
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chair could be released. According to the Encyclopedia Britannica, once the chair and
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its occupant fell into the water she might not make it out again. Since the chair always faced
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the punishers, the woman fell into the water backward. It was quite the shock of course.
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You have to remember that in those days people were terrified of water and not many folks knew
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how to swim. That was one reason why people feared being ducked so much.
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Ducking also happened in what would one day become the United States of America.
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We found this text that was taken from the Statute Books of Virginia:
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“Whereas oftentimes many brabbling women often slander and scandalize their neighbors,
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for which their poor husbands are often brought into chargeable and vexatious suits
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and cast in great damages, be it enacted that all women found guilty be sentenced to ducking.”
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If you're wondering what “brabbling” means, it's to stubbornly argue about trifling matters.
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We found another case in the New World dated 1634, in which Betsey, the wife of John Tucker,
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is accused of employing the “violence of her tongue” to make his house as well as her
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neighborhood “uncomfortable.” She was at first ducked for half a minute, but according to the
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text, she didn't repent. She was subsequently ducked for thirty seconds another five times,
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after which she cried out, “Let me go Let me go, by God's help I'll sin no more.”
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A man writing from Boston in 1686 said the ducking stool was an “effectual
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remedy to cure the noise that is in many women's heads”. In case you're wondering,
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there's no evidence that the ducking stool was ever used to kill a woman accused of witchcraft.
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Accused witches, men, and women, usually received far more cruel and unusual punishments.
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In Philadelphia, in 1708, the Common Council asked that a ducking stool be built not just
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for argumentative women, but for women accused of being drunk and disorderly. Fast-forward to 1824
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and a court in Philadelphia said it wouldn't duck a woman due to the fact the practice was
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obsolete and not in the “spirit of the time.” Nonetheless, around that time a Miss Palmer from
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Georgia was ducked three times in the Oconee River for nothing more than being “glib of the tongue.”
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More than one ducking could indeed kill a person. According to the historian Geoffrey Abbott,
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repeated duckings “routinely proved fatal, the victim dying of shock or drowning.”
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It was in the early 19th century that the ducking stool was outlawed in the UK
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and in the U.S., replaced by general sex discrimination of a more modern kind.
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Now you need to watch this, “Skinned Alive - Worst Ways to Die.” Or, have a look at this,
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“The Brazen Bull (Worst Punishment in the History of Mankind).”