Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-06
THE STOCKS AND BRANDING IRON.
Laws that were in Force Here Early
In the Century.
DEATH WITHOUT BENEFIT OF THE CLERGY
TONGUES OF BLAsPHEMEKs BoRED-cRIMEs
FOR WHICH SLAVES COULD BE HANGED AND
QUARTERED-THE SABBATH LAWS.

FOR WHICH SLAVES COULD BE HANGED AND
oUARTERED-THE SABBATH LAWS
The old Maryland criminal laws. many of
which continued i'll force in the District after
the cession OF the ten miles square to the Fed
eral government, provided for many curious
punishments which would now be considered
barbarous. Some of these laws remain unre-
pealed by Congress. These laws are set forth
in two old volumes, unfamiliar, at least to lay
men, known as Kilty's Digest, published at
the beginning of the century. Sentences to
death without the benefit of clergy. boring the
tongue. branding on cheek and forehead whip
ping, and the stocks and pillory are quite fire.
Quently mentioned. A glance through First
Kitty shows that at each successive session of
the general assembly provision was made to
make the laws more effective by providing fees
for informers or by increasing the penalties.
TO PREVENT FALSE SWEARING
In 1892 an act was passed providing that
person convicted of procuring witness to
swear falsely shall forfeit forty pounds sterling
suffer imprisonment one whole year and
stand IN the pillory one hour, and that after
wards he shall not be received as a witness
The second section provides that person con-
vlcted of willful perjury shall forfeit twenty
pounds sterling suffer six months iulprison-
the twenty pounds, shall be set in the pillory
and have both ears nailed. As in the case of
the procurer, he could not afterward be re-
ceIved as witness. A subsequent act, how
ever, provided that a person so convicted may
give evidence against convicted persons.
An act OF 1907 recites that much Of the
foreign coin then in circulation in the province
had been counterfeited altered or clipped. and
provided that upon conviction of counterfeit
ing the party convicted and his alder and abet-
Ch nr fAy %LA
pll!orled and cropped in both ears, and for a
second offense be branded on the cheek and
banlshed. For embezzling. impairing. raZing
or altering will the act of IT'S imposed a pun
lshment involving the forfeiture Of all goods.
standing In the pillory two hours, having both
ears nailed and cut from the head.
AGAINST PETTY STEALING.
In Ills an act was passed providing that
justices of the county courts shall have juris-
diction In cases of thieving and stealing when
the goods are not over 1000 pounds of tobacco
IN value and have power to impose penalties
of four-fold the value of the stolen property
TO be returned to the aggrieved party. putting
IN the pii!ory and whipping not exceeding
forty stripes. II incapable of returning the
four-foid the convicted person shall receive the
corporal punishment and satisfy the claim
against him. and the fees for conviction by
servltude. A subsequent offense by the party
If the goods are of the value of II shillings. is
made triable in a provincial court On convic-
ton he shall pay four-fold be branded with a
hot IRON and receive other corporal punishment
as the court shall adiudge. To kill unmarked
swine above three months old or to conceal
or disfgure a mark on swine subjected the
offender to similar penalties
A law OF l7l1 made negro, Indian and mulatto
slaves, charged with pilfering or stealing or
other crimes or misdemeanors, liable to not
exceeding forty lashes.
An act of 1710 proVi1ad hot ba
OF any courthouse the convicted person should
suffer death.
THE BLAsPHEMY ACT.
The act of 1923, chapter XVI, is what is
known as the blasphemy act, and provides for the
punishment Of blasphemers, swearers. drunk
ards and Observation-Disclosures. The first section pro-
vides that any person who shall Willingly. maici-
ousiy and advisedly. by writing or speaking,
blaspheme or curse God, deny the Savior to be
the Son of God or deny the trinity, shall for
the first offense be bored through the tongue
and hned 70 pounds sterling. For the second
offense he shall be burned in the forehead with
the letter b, and fined 10 pounds sterling, and
IN default OF payment be imprisoned twelve
months. For the third offense the punishment
Is death without the benefit of clergy.
For profane swearing in the presence of a
magistrate, minister, vestryman, warden or
constable, man could be punished
by fine of 2 shillings for the
first and 5 shillings for each subsequent oath.
Any person who should be drunk before any
one or the officials or dignitaries mentioned
was liable to fine of shiilings for every such
offense. No person was, however to receive
more than thirtv-nine lashes or over three
hours In the stocks for any one offense. When
the nnes were not Immediately paid and the
accused was not a freeholder or respectable
person it was the magistrates duty to order
him whipped or put in the stocks. The maeis-
trate had power to appoint person as con-
stable for the purpose, who, il he refused to
act, was liable to fine of 10 shillings A like
penalty was imposed on the magistrate or
other officer guilty themselves OF cursinc.
swearing, or drunkenness, Or emitting to enforce
this law. No person was permitted to work on
the Sabbath or suffer such to be done. or allow
their children servants, or slaves to engage in
gaming, hunting, fishing. or other unlawful
pastlmes on that day under a penalty of 200
pounds of tobacco. ANY housekeeper who
suffered strong liquor to be sold (unless in
cases of absolute necessity, or drunkenness,
gaming. or unlawful sports in his or her house
was liable TO a fine of 1000 pounds of tobacco.
1t was provided, also, that this law should be
read in each parish church four times a year.
and a penalty of 1000 pounds of tobacco i'm
posed in case of failure.
SEVERE PUNISHMENT FOR SLAVES.
If the severity of these old laws contributed
to making any class an orderly, law-abiding
class the slaves should have become such.
An act of 1929, for instance provided that
slaves convicted of petit treason, murder or
house burning should be adiudged Ito have the
right hand cut off, to be hanged in the usual
manner, the head severed from the body, the
body divided into four quarters, and head and
quarters set up in the most public places of the
county" The same act recited that as several
felons had broken and entered shops store
houses or warehouses and stolen goods, and il
had been doubted whether such were excluded,
by law in force, from the benefit of clergy it
declared if such offender took goods to the
value of shillings, and is convicted therefor.
he shall suffer death without the benefit of
clergy.
The act of 1877 imposes a penalty of death
without the benefit of clergy. or any slave who
shall break into and steal from any tobacco
house, and a like penalty for stealing any boat
of over IL feet and taking it 10 miles, for aid
ing and abetting another to do SO. In I75l
death without the benefit of clergy was imposed
upon slaves who advised or attempted to raise
an instruction, who attempted to murder
or poison, committed rape upon white
woman or was convicted of house burning
The same act provided that any slave convicted
of giving false testimony should have one ear
cut off on the day of conviction and receive
thirty-nine stripes on the bare back, have the
other ear cropped the next day and receive a
Pike number of stripes on the bare back
This act also provided that slaves rambling,
or going abroad at night riding horses without
leave, or running away, should be subject to
whipping, cropping, or branding, on the cheek
with the letter n" 1t also provided that if
slave were killed in the attempt to capture him
the person doing the killing should be exempt
from prosecution. subsequent act amended
hiuu 10 10 fnr fbat ria1 % Tha ar&r