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| | Amendment VIII: James v. Commonwealth |
 | | The punishment of the ducking, or cucking stool, is from the cuckoo, "qui odiose jurgat et rixatur," as Lord |
 | | It has been already stated, that the ducking stool, cucking stool, or choaking stool, (quocunque nomine gaudet,) and the pillory, the collisstrigium, or neck stretch, are punishments, ejusdem generis, of the same family, of the dung cart race--and were intended, magis ad ludibrium, quam in poenam. |
 | | In coming to the conclusion, that the ducking stool is not the punishment of scolds, I do not take into consideration the humane provisions of the constitutions of the United States and of this state, as to cruel and unusual punishments, further than they show the sense of the whole community. |
| press-pubs.uchicago.edu /founders/documents/amendVIIIs19.html (3516 words) |
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