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Illustrated Episode · Volume I, chapter 20 · 1 January 1656

Two hours for a kiss

A bareheaded man in a plain dark coat sits on the dirt street with his ankles locked in wooden stocks, looking calmly up at a half circle of townspeople in wool clothes before timber-framed houses.
Boston, 1656, as the story goes. Captain Kemble, home from three years at sea, kisses his wife on the doorstep on a Sunday, and for that he sits two hours in the stocks for lewd and unseemly behavior on the Sabbath. Rothbard tells it to show a moral code enforced by law: in Massachusetts even a husband's public kiss was a crime. Chapter 20 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

Rothbard describes the Puritan Sunday in Massachusetts: work, travel and levity were outlawed, and "kissing one's wife in public on a Sunday was also outlawed" (CiL, p. 168). His example is a sea captain who came home on a Sunday morning from a three-year voyage, kissed his wife on the doorstep, and was made to sit in the stocks for two hours for "lewd and unseemly behavior on the Sabbath Day." Alice Morse Earle, who collected the story in 1891, gives him a name and a year: Captain Kemble of Boston, 1656, a man of wealth. As the story has since been retold, he was Thomas Kemble of Charlestown and the year was 1653. The stocks were the ordinary furniture of a Massachusetts town: two heavy boards with holes for the ankles, hinged at one end and hasped at the other, set where everyone passing could see who was in them. Two hours there was the town's way of telling a man, and his neighbors, what the law thought of him. The same code compelled church attendance, fined absence, and sent the police through the towns to search for absentees. Rothbard's point is that the Puritans did not merely preach their morals; they enforced them with the state, and a husband's greeting at his own door became a crime.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. I, ch. 20, pp. 164-171. CC BY 3.0. Rothbard
  2. Alice Morse Earle, The Sabbath in Puritan New England (New York: Scribner, 1891), ch. 17, 'Captain Kemble of Boston'; text read at the Reformed Reader (accessed 2026-09-30). No footnote or record is cited for the story. Secondary source
  3. 'Thomas Kemble, The Kissing Puritan', New England Historical Society (accessed 2026-09-30): tells it of Thomas Kemble of Charlestown in 1653; cites no record. Secondary source
  4. 'Directory of Stocks, Pillories and Whipping Posts', pilloryhistory.com (abridged stocks list): stocks as two boards with leg holes, hinged at one end and hasped at the other. Secondary source
  5. Nathaniel B. Shurtleff, ed., Records of the Governor and Company of the Massachusetts Bay in New England, vol. IV, pt. 1, 1650-1660 (Boston, 1854): pp. 60-61 (apparel law, 1651). Primary source
  6. David Hackett Fischer, Albion's Seed: Four British Folkways in America (New York: Oxford University Press, 1989), 'Massachusetts Dress Ways'. Secondary source