I stumbled across this archaic law yesterday. At first I thought it must a misprint, but no, ‘scold’ is also a noun, describing a person a person who is habitually starting rows or quarrels with the neighbours, a frequent nuisance to the community or nags or grumbles constantly. The crime of being a ‘common scold’ came into existance sometime during the middle ages, possibly when the peasantry began to find their voice. It’s is not a gender specific term, but the majority of, if not all, cases I’ve found seem to be against women. Obviously it’s also a good way for the community to attack someone they don’t like, with strong overtone of misogyny thrown in. Nasty – somtimes being a bloke is a little embarrasing. As a law it was only repealed during the mid 1960s, though the last prosecution in the UK was in 1817.

Early on, ducking was a common penalty, with fines becoming more common in later years. Wikipedia has a page on the subject which makes interesting reading.

Searching through the old newspapers there are numerous reports of trials with varying outcomes and punishments. It’s nice to see the defendant was often acquitted. I’ve kept the origial spelling in the older accounts where ‘f’ is commonly used in place of ‘s’.

At the general Seffion of the Peace held for the County of Middefex by adjournment on Thurfday the 1ft Day of September. Inft. one Rofamond Cole of the Parifh of St James’s Clerkenwell, was convicted by full Evidence upon an Indictment againft her for being a common Scold and a common Diflurber of her Neighbours, &c. Whereupon fhe was fined one Mark and committed to the Houfe of Correction at Clerkenwell, there to be kept to hard Labour for two Months.

Ipswich Journal – Saturday 03 September 1726

‘Yefterday a Woman, commonly call’d the Tyger of Weftminfter, was try’d at the Quarter at Weftminfter, for being a common Scold : This being a Canfe of great Expectation, feveral good Women appeared in Court upon this Occafion : The Counfel for the Defendant took feveral Exceptions to the form of the Indictment, and it was learnedly argued by counfil on both Sides, and feveral witneffes were examin’d to prove, that the Neighbourhood had been difturb’d even after Midnight by the Noife and Clamour made the Defendant : Sir John Gonfon, the Chairman of the Seffions fumm’d up the Evidence to the Jury, but directed them to acquit the defendent , by Reafon of the feveral Defects in the indictment and efpcially the word ‘Rexitix’ was omited therein ; and brought her in not guilty accordingly. To the great satisfaction of many the beft Housewifes of the parifh, who apprehended, that if profecutions of this Nature were too much encouraged, it might infringe their Liberty.

Stamford Mercury – Thursday 06 July 1732

Yefterday Mary, the Wife of Anthony Bowling, was indicted at Hicks’s-Hall for being a common Scold; but it appearing that her Tongue had lain ftill two Hours in one Day, fhe was acquitted being a Nuifance to the Neighbourhood.

Northampton Mercury – Saturday 06 June 1789

Last week a woman notorious tor her vociferation, was indicted for a common scold, at Kingston; and the facts being fully proved, she was sentenced to receive the old punishment of being ducked, which was accordingly executed upon her at the Thames by the proper officers, in a chair preserved in the town for that purpose. If to prove the justice of the Court’s sentence, on her return from the water’s side, she fell upon one of her acquaintance, without provocation, with tongue, tooth and nail, and would, if the officers had not interposed, have deserved second punishment, even before she was dry from the first.

The Ipswich Journal – Saturday 11 April 1801

COMMON SCOLD: HANNAH Munroe, a decent-looking young woman, was indicted for a Misdemcanour, in being a common scold and disturber of the public peace. She pleaded NOT GUILTY, and Mr. Gurney, who was Counsel for the Prosecution, observed that the Lady looked so quiet now that the Prosecutor hopel she would no more give cause of complaint, and therefore he was instructed to call no witnesses. She was of course acquitted.

Morning Chronicle – Tuesday 27 October 1812