Punish]
ent
During the
for Felonies
Colonial Era
Violators of tlie law in our day and time
may think they are getting' rather severe
punishment, but just look at w liat happened
in .\orth Carolina in the long-ag'o past.
MANY a person, haled before
the bar of justice in superior
and county courts in North
Carolina, often considers that the
punishment meted out to him is
unduly severe. But, in comparison
with what took place in this state
during the days of the Lord Pro¬
prietors — the period between 1665
and 1730 — they really have noth¬
ing to complain about. As a mat¬
ter of fact, they ought to thank
their stars that there has been a
decided change in the punishment
which the courts are hanging out
today.
Let’s just look into a few of these
old-time cases, accounts of which
have been preserved in historical
records.
In 1720, the grand jury indicted
John Hassell, of Chowan precinct,
for "uttering profane and irrever¬
ent words to the great scandal of
the Christian religion and to the
dishonor of God Almighty Him¬
self."
The court listened to the evi¬
dence, and then the court passed
sentence: “That he, the said John
Hassell, shall receive thirty-nine
lashes on his bare back and that
he should give good security in the
sum of fifty pounds for his good
behavior a year and a day.”
Stealing a Saw
Next, let’s take the case of a cer¬
tain Jabez Allen, who, in 1721. was
charged with the theft of a saw.
Now a saw isn’t a very valuable
item, and if it had been stolen to¬
day. chances are that the guilty
person would be let off with a small
fine. But here is what happened
to Jabez: “It is considered by the
court that the said accused person
do immediately receive at the whip-
ping-post thirty-one lashes on his
bare back; and twenty-one more
tomorrow morning, well laid on."
Which probably meant that so
long as he lived, Jabez never had
another inclination or desire to
steal a saw.
Matthew Bryant was a hapless
THE STATE. January 26. 1946
By LOUIS T. MOOItt:
defendant in the year 1722. He
was brought into court for stealing
a lamb belonging to Thomas
Mathews and confessed. "He ap¬
pearing to be so very drunk at the
time of the fact committed as to
be scarce capable of knowing what
he did (and being very aged), it
is considered by the court that he
be carried hence to the public whip¬
ping post, and have his hands put
in the bilboes; and that afterward
he be set in the stocks for being
drunk."
The writer confesses his entire
ignorance of the meaning of "bil¬
boes," and hastening to an un¬
abridged dictionary ascertained
that they are "shackles sliding on
a long bar or bolt of iron, with a
lock at the end. formerly used to
confine the feet or hands of of¬
fenders."
Punishment for Servants
In the same year of 1722. William
Doyle, a white servant, left the
abode of his master without per¬
mission, at night. "Whereupon it
was considered and adjudged that
the said William Doyle be tied to
the tail of a cart, and be whipped
on the bare back, with thirty-nine
stripes, through Edenton, this day;
of which the provost marshal of
Albemarle is hereby required to
see execution done. And that next
Friday he be whipped in like man¬
ner through Bath town, of which
when finished, then to deliver him
to his master, William Barrow.”
It appears that women also were
victims of the severity of the
courts. In 1722, “Hannah Davis be¬
ing bound by recognizance to ap¬
pear at this court, made her appear¬
ance and upon examination, con¬
fessed the fact that she was charged
with; to wit, the pilfering of sun¬
dry goods from one John Ballard,
to the value of ten pence. (So laid
in the indictment, to make the of¬
fence petit larceny, instead of
grand, which it really was. ) Where¬
upon. it is considered and adjudged
that the said Hannah Davis receive
on her bare back nine lashes at the
public whipping-post, and pay the
costs."
In the year 1724, Mary Colton, a
spinster, was convicted of felony,
in a grand larceny, as a result of
which her life was declared for¬
feited. She was a woman and a
certain degree of mercy prevailed.
This was the sentence — “It is con¬
sidered and adjudged that she, the
said Mary, at the whipping-post
shall receive thirty-one lashes on
the bare back, and that she give
good security, in the sum of 100
Eaunds sterling, for her good be-
avior to all His Majesty’s liege
people for twelve months and one
day; and also that she pay all fees
and costs accruing by reason of her
prosecution; and if she does not
give such security, and pay the
fees, within twenty days after the
adjournment of this court, that
then she shall be sold to any per¬
son, the highest bidder, who will
give security to transport her out
of the government; and that she
stand committed until the said sen¬
tence be performed."
A 1723 court record discloses —
"Whereas Thomas Dunn appeared
at this bar in custody of the mar¬
shal, and he confessed himself
guilty of several petit larcenies by
him committed within this govern¬
ment; whereupon it is considered
and adjudged that the said Thomas
Dunn be tied to the tail of a cart,
and that he be whipped on his
bare back with thirty-nine lashes,
well laid on; and thence to continue
in the custody of the provost mar¬
shal of Albemarle County, or his
deputy, for the space of six weeks,
that he may be delivered to any
person that may or can make any
lawful claim to him as a servant;
and if no person appear in that
time, then he is to be disposed of
for four years to the first master of
a vessel that will give security
(Continued on page 26)
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