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Branding was also used not only on cattle, but also on humans. In Louisiana, there was a "black code," or Code Noir, which allowed the cropping of ear, shoulder branding, and the cutting of tendons above the knee as punishments for recaptured slaves. Slave owners used extreme punishments to stop flight, or escape. They would often brand the slaves' palms, shoulders, buttocks, or cheeks with a branding iron. <ref>{{cite web|title="punishments"|url=http://www.credoreference.com/entry/sharperail/punishments|work=The Underground RailRoad: An Encyclopedia of People, Places, and Operations|publisher=Armonk: M.E. Sharpe|accessdate=Oct 3, 2013}}</ref>
Branding was also used not only on cattle, but also on humans. In Louisiana, there was a "black code," or Code Noir, which allowed the cropping of ear, shoulder branding, and the cutting of tendons above the knee as punishments for recaptured slaves. Slave owners used extreme punishments to stop flight, or escape. They would often brand the slaves' palms, shoulders, buttocks, or cheeks with a branding iron. <ref>{{cite web|title="punishments"|url=http://www.credoreference.com/entry/sharperail/punishments|work=The Underground RailRoad: An Encyclopedia of People, Places, and Operations|publisher=Armonk: M.E. Sharpe|accessdate=Oct 3, 2013}}</ref>


Slaves were often treated worse than cattle would be. For example, cattle usually were painted with the initials of the owner, while slaves were either branded with the initials, or they had the letters carved out with a knife. When slaves ran away, their slave owners would tell people to look for their specific initial that was burned into the slaves skin. Mr. Micajah Ricks, in North Carolina, Raleigh, was looking for his slave and described, "I burnt her with a hot iron, on the left side of her face, I tried to make the letter M." <ref>{{cite book|last=Weld|first=Theodore Dwight|title=American Slavery As It Is|year=1968|publisher=Arno Press, Inc.|location=New York|page=21, 77, 108, 112}}</ref>
Slaves were often treated worse than cattle would be. For example, cattle usually were painted with the initials of the owner, while slaves were either branded with the initials, or they had the letters carved out with a knife. When slaves ran away, their slave owners would tell people to look for their specific initial that was burned into the slave's skin. Mr. Micajah Ricks, in North Carolina, Raleigh, was looking for his slave and described, "I burnt her with a hot iron, on the left side of her face, I tried to make the letter M." <ref>{{cite book|last=Weld|first=Theodore Dwight|title=American Slavery As It Is|year=1968|publisher=Arno Press, Inc.|location=New York|page=21, 77, 108, 112}}</ref>


Most slave owners would use whipping as their main method, but others times they would use branding to punish their slaves. Another testimony explains how a slave owner in Kentucky around 1848 was looking for his runaway slave. He described her having "a brand mark on the breast something like L blotched."<ref>{{cite journal|last=Howe|first=S. W.|title=Slavery As Punishment: Original Public Meaning, Cruel and Unusual Punishments and the Neglected Clause in the Thirteenth Amendment|journal=Arizona Law Review|year=2009|month=Winter|volume=51 Ariz. L. Rev. 983|url=http://www.lexisnexis.com/hottopics/lnacademic/?shr=t&csi=140710&sr=TITLE(SLAVERY+AS+PUNISHMENT%3A+ORIGINAL+PUBLIC+MEANING%2C+CRUEL+AND+UNUSUAL+PUNISHMENT%2C+AND+THE+NEGLECTED+CLAUSE+IN+THE+THIRTEENTH+AMENDMENT)+and+DATE+IS+2009+and+AUTHOR(howe)|accessdate=Sept, 20 2013}}</ref> In South Carolina, there were many laws which permitted the punishments slaves would receive. When a slave would runaway, if it was the first offense, the slave would receive no more than forty lashes. Then the second offense would be branding. The slave would have been marked with the letter R on their forehead signifying that they are a criminal, and a runaway. <ref>{{cite book|last=Higginbotham Jr.|first=A. Leon|title=In The Matter of Color Race and the American Legal Process: The Colonial Period|year=1978|publisher=Oxford University|location=New York|page=176-184}}</ref>
Most slave owners would use whipping as their main method, but others times they would use branding to punish their slaves. Another testimony explains how a slave owner in Kentucky around 1848 was looking for his runaway slave. He described her having "a brand mark on the breast something like L blotched."<ref>{{cite journal|last=Howe|first=S. W.|title=Slavery As Punishment: Original Public Meaning, Cruel and Unusual Punishments and the Neglected Clause in the Thirteenth Amendment|journal=Arizona Law Review|year=2009|month=Winter|volume=51 Ariz. L. Rev. 983|url=http://www.lexisnexis.com/hottopics/lnacademic/?shr=t&csi=140710&sr=TITLE(SLAVERY+AS+PUNISHMENT%3A+ORIGINAL+PUBLIC+MEANING%2C+CRUEL+AND+UNUSUAL+PUNISHMENT%2C+AND+THE+NEGLECTED+CLAUSE+IN+THE+THIRTEENTH+AMENDMENT)+and+DATE+IS+2009+and+AUTHOR(howe)|accessdate=Sept, 20 2013}}</ref> In South Carolina, there were many laws which permitted the punishments slaves would receive. When a slave would runaway, if it was the first offense, the slave would receive no more than forty lashes. Then the second offense would be branding. The slave would have been marked with the letter R on their forehead signifying that they are a criminal, and a runaway. <ref>{{cite book|last=Higginbotham Jr.|first=A. Leon|title=In The Matter of Color Race and the American Legal Process: The Colonial Period|year=1978|publisher=Oxford University|location=New York|page=176-184}}</ref>

Revision as of 21:33, 2 December 2013

Human branding or stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent. This is performed using a hot or very cold branding iron. It therefore uses the physical techniques of livestock branding on a human, either with consent as a form of body modification; or under coercion, as a punishment or imposing masterly rights over an enslaved or otherwise oppressed person. It may also be practiced as a "rite of passage" such as within a tribe, or to signify membership or acceptance into an organization

Modern strike branding

Etymology

The English verb to burn, attested since the 12th century, is a combination of Old Norse brenna "to burn, light," and two originally distinct Old English verbs: bærnan "to kindle" (transitive) and beornan "to be on fire" (intransitive), both from the Proto-Germanic root bren(wanan), perhaps from a Proto-Indo-European root bhre-n-u, from base root bhereu- "to boil forth, well up." In Dutch, (ver)branden mean "to burn", brandmerk a branded mark; similarly, in German, Brandzeichen means "brand" and brandmarken, "to brand."

Sometimes the word cauterize, known in English since 1541, via Medieval French cauteriser from Late Latin cauterizare "to burn or brand with a hot iron", itself from Greek kauteriazein, from kauter "burning or branding iron," from kaiein "to burn" is used. However cauterization is now generally understood to mean a medical process – specifically to stop bleeding.

Historical use

Marking the rightless

The origin may be the ancient treatment of a slave (often legally not a person) as livestock.

  • European, American and other colonial slavers branded millions of slaves during the period of trans-Atlantic enslavement. Sometimes there were several brandings, e.g. for the Portuguese crown and the (consecutive) private owner(s), an extra cross after baptism as well as by African slave catchers.

To a slave owner it would be logical to mark such property just like cattle, more so since humans are more able to escape.

  • Ancient Romans marked runaway slaves with the letters FUG (for fugitivus).
  • An intermediate case between formal slavery and criminal law is when a convict is branded and legally reduced, with or without time limit, to a slave-like status, such as on the galleys (in France branded GAL or TF travaux forcés 'forced labour' until 1832), in a penal colony, or auctioned to a private owner.

As punishment

In criminal law, branding with a hot iron was a mode of punishment by which marking the subject as if goods or animals, sometimes concurrently with their reduction of status in life.

Brand marks have also been used as a punishment for convicted criminals, combining physical punishment, as burns are very painful, with public humiliation (greatest if marked on a normally visible part of the body) which is here the more important intention, and with the imposition of an indelible criminal record. Robbers, like runaway slaves, were marked by the Romans with the letter F (fur); and the toilers in the mines, and convicts condemned to figure in gladiatorial shows, were branded on the forehead for identification. Under Constantine I the face was not permitted to be so disfigured, the branding being on the hand, arm or calf.

The Acts of Sharbil record it applied between the eyes and on the cheeks in Parthian Edessa at the time of the Roman Emperor Trajan on a judge's order to a Christian for refusal to sacrifice, amongst other tortures.

In the 16th century, German Anabaptists were branded with a cross on their foreheads for refusing to recant their faith and join the Roman Catholic church.[1]

In the North-American Puritan settlements of the 17th century, men and women sentenced for having committed acts of adultery were branded with an "A" letter on their chest (men) or bosom (women).

The mark in later times was also often chosen as a code for the crime (e.g. in Canadian military prisons D for Desertion, BC for Bad Character, most branded men were shipped off to a penal colony). Branding was used for a time by the Union Army during the American Civil War. Surgeon and Oxford English Dictionary contributor William Chester Minor was required to brand deserters at around the time of the Battle of the Wilderness.[citation needed]

The canon law sanctioned the punishment, and in France, in royal times, various offences carried the additional infamy of being branded with a fleur de lys, also galley-slaves could be branded GAL or once the galleys were replaced by the "bagne"s on land TF (travaux forcés, 'forced' labor, i.e. hard labour) or TFP (travaux forcés à perpetuité, forced labour for life) until 1832. In Germany however, branding was illegal.

Branding tended to be abolished like other judicial mutilations (with notable exceptions, such as amputation under sharia law), sooner and more widely than flogging, caning and similar corporal punishments, which normally aim 'only' to pain and at worst cause stripe scars, although the most severe lashings (not uncommon in penal colonies) in terms of dosage and instrument (such as the proverbial knout) can even turn out to be lethal.

Branding in American slavery

A replica of a slave branding iron which would have originally been used in the Atlantic slave trade. On display at The Museum of Liverpool, England.

Branding was also used not only on cattle, but also on humans. In Louisiana, there was a "black code," or Code Noir, which allowed the cropping of ear, shoulder branding, and the cutting of tendons above the knee as punishments for recaptured slaves. Slave owners used extreme punishments to stop flight, or escape. They would often brand the slaves' palms, shoulders, buttocks, or cheeks with a branding iron. [2]

Slaves were often treated worse than cattle would be. For example, cattle usually were painted with the initials of the owner, while slaves were either branded with the initials, or they had the letters carved out with a knife. When slaves ran away, their slave owners would tell people to look for their specific initial that was burned into the slave's skin. Mr. Micajah Ricks, in North Carolina, Raleigh, was looking for his slave and described, "I burnt her with a hot iron, on the left side of her face, I tried to make the letter M." [3]

Most slave owners would use whipping as their main method, but others times they would use branding to punish their slaves. Another testimony explains how a slave owner in Kentucky around 1848 was looking for his runaway slave. He described her having "a brand mark on the breast something like L blotched."[4] In South Carolina, there were many laws which permitted the punishments slaves would receive. When a slave would runaway, if it was the first offense, the slave would receive no more than forty lashes. Then the second offense would be branding. The slave would have been marked with the letter R on their forehead signifying that they are a criminal, and a runaway. [5]

As religious initiation

Ceremonial Branding is an integral part of religious initiation in most of Vaishnava Sects. References to this practice can be traced in texts such as Narad Panchratra, Vaikhnasagama, Skanda Purana etc.[6] This Practice is still in vogue among Madhava Sect Brahmins of Karnataka in India.[7]

Branding in Britain

The punishment was adopted by the Anglo-Saxons, and the ancient law of England authorized the penalty. By the Statute of Vagabonds (1547) under King Edward VI, vagabonds and Gypsies were ordered to be branded with a large V on the breast, and brawlers with F for "fravmaker"; slaves who ran away were branded with S on the cheek or forehead. This law was repealed in England in 1550. From the time of Henry VII, branding was inflicted for all offences which received Benefit of clergy (branding of the thumbs was used around 1600 at Old Bailey to ensure that the accused who had successfully used the Benefit of Clergy defence, by reading a passage from the Bible, could not use it more than once), but it was abolished for such in 1822. In 1698 it was enacted that those convicted of petty theft or larceny, who were entitled to benefit of clergy, should be "burnt in the most visible part of the left cheek, nearest the nose." This special ordinance was repealed in 1707. James Nayler, a Quaker who in the year 1655 was accused of claiming to be the Messiah, convicted of blasphemy in a highly publicized trial before the Second Protectorate Parliament and had his tongue bored through and his forehead branded B for "blasphemer".

In the Lancaster criminal court a branding iron is still preserved in the dock. It is a long bolt with a wooden handle at one end and an M (malefactor) at the other; close by are two iron loops for firmly securing the hands during the operation. The brander would, after examination, turn to the judge exclaiming "A fair mark, my lord." Criminals were formerly ordered to hold up their hands before sentence to show if they had been previously convicted.

In the 18th century, cold branding or branding with cold irons became the mode of nominally inflicting the punishment on prisoners of higher rank. "When Charles Moritz, a young German, visited England in 1782 he was much surprised at this custom, and in his diary mentioned the case of a clergyman who had fought a duel and killed his man in Hyde Park. Found guilty of manslaughter he was burnt in the hand, if that could be called burning which was done with a cold iron" (Markham's Ancient Punishments of Northants, 1886).

Such cases led to branding becoming obsolete, and it was abolished in 1829 except in the case of deserters from the army, which were marked with the letter D, not with hot irons but by tattooing with ink or gunpowder. Notoriously bad soldiers were also branded with BC (bad character). The British Mutiny Act of 1858 provided that the court-martial may, in addition to any other penalty, order deserters to be marked on the left side, 2 inch below the armpit, with the letter "D", such letter to be not less than an inch long. In 1879 this was abolished.

Branding in Russia

Branding in Russia was used quite extensively in the 18th century and the first half of the 19th century. Branding was totally abolished in 1863.

Persisting practices

  • Generally voluntary, though often under severe social pressure, branding may be used as a painful form of initiation, serving both as endurance and motivation test (rite of passage) and a permanent membership mark, seen as male bonding in violent 'macho' circles. Branding is thus practiced:
    • By some street gangs
    • In organized crime as "stripes" to signify a violent crime that the person committed. Typically on the upper arm or upper torso.
    • In prisons
    • Sometimes as an extreme initiation in the increasingly less common tradition of painful hazing (otherwise mostly paddling).
    • Some members of college fraternities and sororities voluntarily elect to be branded with their fraternity/sorority letters. This is far less common in sororities than fraternities.
  • Branding can be used as a strictly voluntary body decoration, permanent body art rather like many tattoos.
  • In the sadomasochistic scene, it is practiced as a form of bodily mutilation with consent. See: Branding (BDSM)
  • In extreme BDSM dominance and submission relationships, a consensual slave may desire/accept a branding as a mark of belonging and commitment (possibly to slavery rather than to the specific master).

Protests

In symbolic solidarity with Calf 269, protesters in Israel subjected themselves to branding on World Farm Animals Day (Gandhi's birthday): 2 October, 2012. This act was emulated by others in England. An English protester who was interviewed justified the extremism as a reaction to the extreme cruelty perpetrated by the dairy industry such as shooting calves at birth.[8]

In film

  • In Planet of the Apes (2001), the humans were branded once they were captured by apes before put into slavery. The ape Ari was also branded in the movie because of her support for human equality.
  • In Pirates of the Caribbean: The Curse of the Black Pearl, Jack Sparrow is shown as having a P branded on his right forearm, for "pirate". It's later revealed in Pirates of the Caribbean: At World's End that Cutler Beckett himself personally branded Jack.
  • In the Harry Potter series (books and films), Death Eaters (Lord Voldemort's followers) were branded with the Dark Mark, a snake slithering out of the mouth of a skull.
  • In the TV series LOST, Juliet Burke is branded with four inter-crossing lines as punishment for killing one of her people.
  • In the movie Angels and Demons the four cardinals are each branded with a separate ambigram, Earth, Air, Fire, and Water, and the Camerlengo brands himself with two crossed upside-down keys to frame the Head of the Swiss Guard. (In the book version, he brands himself with the "Illuminati Diamond", an amalgamation of all four of the ambigrammatic brands that itself is also ambigrammatic.)
  • In Jackass Number Two, Bam Margera was branded with a cow brand in the shape of a penis and scrotum on his right buttocks.
  • In the TV show Metalocalypse, servants/roadies of the band Dethklok are branded with a gear on the back of their necks.
  • In Spartacus TV series, gladiators are branded on their forearm. This is known as the Mark of the Brotherhood.
  • In Criminal Minds, Emily Prentiss is branded above her bosom with a clover.
  • In one of the episodes of Roman Mysteries, The Assassins of Rome, Jonathan ben Mordecai is branded for helping an assassin attempt to kill the Emperor Titus.
  • The practice of branding is exaggerated to humorous effect in the movie Harold and Kumar Escape from Guantanamo Bay when Neil Patrick Harris (who plays himself in the film) brands his initials–"N.P.H."–onto the buttocks of a prostitute.
  • In Cecil B. DeMille's film The Cheat (1915), Haka Arakau brands the back of Edith Hardy's neck when she refuses to comply with their deal.
  • In The Beach (2001), three friends are branded when they become part of the Island people.
  • In Story of O (1975), O is branded with her master's initials.
  • In Django Unchained, both Django and his wife have been branded after they tried to escape.
  • In Jarhead, a USMC-initialled brand appears a number of times
  • In Supernatural (2005 - Present), Castiel branded Dean with his handprint when he gripped Dean tight and raised him from perdition.

Variations

A variation of branding called Cell Popping involves a dot matrix brand made of individual very small circular brands which taken at large form a design.[9]

See also

Sources

  • Public Domain This article incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press. {{cite encyclopedia}}: Missing or empty |title= (help)
  • Brand & Cauterize on EtymologyOnLine
  • W. Andrews, Old Time Punishments (Hull, 1890)
  • A. M. Earle, Curious Punishments of Bygone Days (London, 1896).

References

  1. ^ Edward Bean Underhill, Martyrology of the Churches of Christ Commonly Called Baptists during the Era of the Reformation, (1850), pg 118
  2. ^ ""punishments"". The Underground RailRoad: An Encyclopedia of People, Places, and Operations. Armonk: M.E. Sharpe. Retrieved Oct 3, 2013.
  3. ^ Weld, Theodore Dwight (1968). American Slavery As It Is. New York: Arno Press, Inc. p. 21, 77, 108, 112.
  4. ^ Howe, S. W. (2009). "Slavery As Punishment: Original Public Meaning, Cruel and Unusual Punishments and the Neglected Clause in the Thirteenth Amendment". Arizona Law Review. 51 Ariz. L. Rev. 983. Retrieved Sept, 20 2013. {{cite journal}}: Check date values in: |accessdate= (help); Unknown parameter |month= ignored (help)
  5. ^ Higginbotham Jr., A. Leon (1978). In The Matter of Color Race and the American Legal Process: The Colonial Period. New York: Oxford University. p. 176-184.
  6. ^ http://www.uttaradimath.org/web/index.php?option=com_content&task=view&id=638&Itemid=225
  7. ^ http://www.deccanherald.com/content/175434/tapta-mudra-dharana-ceremony-held.html
  8. ^ Starke, Jonathan. "Vegans are branding their flesh in Leeds". Vice. Retrieved 10 April 2013.
  9. ^ "Artistic Domme".