Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-01-23
EARLY LAWS OF VERMONT.

That the Word of God" and the "Connec-
tcut law book" were the sources, whence were
drawn those ideas which prevailed in the forma-
tion Of the penal statutes Of Vermont, may be
readily seen from an examination OF the statutes
themselves. "The early criminal code of Con-
necticut," observes late writer, "recognized
twelve capital offences, TO which two more were
afterwards added, and all of which were found
ed on the strict precepts of the Levitcal law"
The criminal code OF Vermont, adopted in Feb
ruary. l719, recognized nine offences punsha-
Bile by death. These were treason ; murder
arson; rape; bestialily; sodomy bearing false
witness against person for the purpose OF caus-
ing his death muhlaton, either by mallciously
cutting out or disabling the tongue or by put
ting out one or both OF the eyes, $50 that the
person is thereby made olind," or by emascula-
tlon and baspheming ''the name of COP the
FATHER, Sos, or Holy GHosT, with direct,
express presumption, and hgh-handed blasphe-
my or cursing ain the like manner"
Other crimes were regarded with a sternness
approaching almost TO that which characterized
ished by the forfeiture to the stale of ''all the
goods and cha,tels' Of the manslsyer by whip
ping "on the naked body" BY branding the
hand with the letter NJ, on hot iron = and by
disabling the offender from giving verdict or
evidence" in any court in the state. Persons
convicted of the crime of incest were compelled
10 sit "upon the gallows the space of one hour,
with rope about their neck, and the other end
cast over the gallows; and in the way from thence
TO the common goal #" were TO be severely whipt,
not exceeding thilty-nine stripes each" Other
punishments for this offence were stated in these
words: "Persons so offending, shall, forever
after, wear a capital letter !, of two inches long
and prOportionable bgness, cut out in cloth of a
contrary color to ther clothes and sewed upon
their garments, on the outside of their arm, or
on their back, in open view. And it any per-
son or persons convicted and sentenced as aiore-
said, for such offence, shall, at any time, be found
without their letter So worn, during their abode
in this state, they shall, by warrant from any one
assistant or justice OF the peace, be forthwith
apprehended, and ordered 10 be publicly whipt,
not exceeding fifteen stripes, and from time to
time, or as often as they shall so offend" In
cestuous marriages were also declared void, and
all children born of such connection were 'for.
ever disabled to inherit by descent, or by being
generally named in any deed or will, by father
or mother"
In the statute "aganst and for the punishment
of adultery," the following language was held
"Whosoever shall commit adultery with mar
ried woman, or one beiroihed to another man,
both of them shall be severely punished by whip
ping on the naked body, not exceeding thirty
nine stripes, and stigmatzed or burnt on the
forehead with the letter A, on hot iron and
each of them shall wear the capital letter A, on
the back of their outside garment, of different
color in fair view, during their abode in this state.
And as often as such convicted person shall be
seen without such letter, and be thereof con-
victed before an assistant OF Justice of the peace
in this state, he shall be whipt on the naked
body, not exceeding ten stripes" The same
punishments were denounced againgt those who
should be guilty of polygamy, and polygamous
marriages were declared null and void" At
the session of the General Assembly in October,
in 1888, the statutes against adultery and poly
gamy were re-enacted in more definite form,
but with penalties attached to similar TO those
above rected.
House breaking and highway robbery were
punished with great severity. "WhosoeveI shall
commit burgalry," these were the words of the
statute, "by breaking up any dwelling house, or
shop, wherein goods wares, and merchandise are
kept; or shall rob any person in the field or high
way-such person, SO offending, shall, for the
first offence, be branded on the forehead with
the capital letter b. on a hot iron and shall have
one Of his ears nailed to a post and cut of and
shall also be whipped on the naked body fifteen
stripes. And for the second offence, such per-
son shall be branded as aforesaid, and shall have
his other ear nailed and cut off as aforesaid, and
shall be whipped on the naked body twenty-five
stripes. And if such person shall commit the