Crime and Punishment in American History - Lawrence M. Friedman [305]
33 Laws N.J. 1713, p. 57.
34 Court of Quarter Sessions of the Peace (Lancaster County), Quarter Session and Road Docket, 1729-41, p. 153 (May 4, 1736).
35 January Session, 1760, Mayor’s Court of Philadelphia (microfilm, 1957, Temple University School of Law).
36 Julius Goebel, Jr., and T. Raymond Naughton, Law Enforcement in Colonial New York (1944), chap. 8, pp. 485-553.
37 Goebel and Naughton, Law Enforcement in Colonial New York, p. 517.
38 DeValinger, Court Records of Kent County, p. 298.
39 Hoffer and Scott, Criminal Proceedings in Colonial Virginia, p. 155.
40 Ibid., p. xxxii.
41 Ibid.
42 Joseph H. Smith and Philip A. Crowl, eds., Court Records of Prince Georges County, Maryland, 1696-1699 (1964), p. 93.
43 Pleasants, Proceedings of the County Court of Charles County, p. 570.
44 Laws of New Hampshire, Vol. 1, Province Period, 1679-1702 (1904), p. 676 (law passed June 14, 1701).
45 Laws R.I. and Providence Plantation, 1749, p. 53.
46 John T. Farrell, ed., The Superior Court Diary of William Samuel Johnson, 1772-1773 (1942), pp. 91-92.
47 Hoffer and Scott, Criminal Proceedings in Colonial Virginia, p. 121.
48 See Hening, Statutes at Large ... of Virginia, Vol. 2, p. 510 (1670).
49 Douglas Greenberg, Crime and Law Enforcement in the Colony of New York, 1691-1776 (1974), pp. 113-14.
50 Natalie E. H. Hull, Female Felons: Women and Serious Crime in Colonial Massachusetts (1987), p. 31.
51 John M. Murrin, “Magistrates, Sinners, and Precarious Liberty: Trial by Jury in Seventeeth-Century New England,” in David D. Hall, John M. Murrin, and Thad W. Tate, Saints and Revolutionaries, Essays on Early American History (1984), pp. 152, 191.
52 Hull, Female Felons, p. 31.
53 Oaks, “Things Fearful to Name,” p. 277-78.
54 This account is from David T. Konig, Law and Society in Puritan Massachusetts, Essex County, 1629-1692 (1979), pp. 175-76. Richard Martyn, of Essex County in Massachusetts (1669), was another bad seed; he was convicted of “abusing his father and throwing him down, taking away his clothes and holding up an axe against him.” For this he earned, not the gallows, but a whipping of “ten stripes.” Records and Files of the Quarterly Courts of Essex County, Massachusetts, Vol. IV, 1667-1671 (1914), pp. 186-87.
55 Chapin, Criminal Justice in Colonial America, p. 58.
56 Negley K. Teeters, “Public Executions in Pennsylvania: 1682-1834,” in Eric H. Monkkonen, Crime and Justice in American History: The Colonial and Early Republic, Vol. 2(1991), pp. 756, 790, 831-32.
57 Arthur P. Scott, Criminal Law in Colonial Virginia (1930), p. 119.
58 Greenberg, Crime ... in the Colony of New York, p. 130.
59 Ibid.
60 Goebel and Naughton, Law Enforcement in Colonial New York, pp. 755-56.
61 George Lee Haskins, Law and Authority in Early Massachusetts: A Study in Tradition and Design (1960), p. 150.
62 Hening, Statutes of Virginia, Vol. 6 (1819), p. 121 (act of Oct. 1748).
63 On the rule, see Haskins, op. cit., pp. 152-53; Marcus, op. cit., pp. 116-18.
64 Jeffrey K. Sawyer, “‘Benefit of Clergy’ in Maryland and Virginia,” American Journal of Legal History 33:49 (1990); George W. Dalzell, Benefit of Clergy in America (1955).
65 J. Hall Pleasants, ed., Proceedings of the Provincial Court of Maryland, 1663-1666 (Archives of Maryland, xlix, 1932), pp. 298-99. Later, Pope Alvey was in trouble again: he was indicted for stealing and killing a “Certaine Cow of black Culler” belonging to William Evans. Convicted, Alvey claimed benefit of clergy, but it was denied him, “the Record makeing it manefest that he have had it allready allowed him in this same Court.” He was sentenced to death, but his sentence was commuted by the Governor. Ibid., pp. 150-52.
66 William S. Price, Jr., ed., North Carolina Higher-Court Records, 1702-1708 (Colonial Records of North Carolina, Vol. 4, 1974), pp. 33-34.
67 Chapin, Criminal Justice in Colonial America, pp. 48-50.
68 There is some evidence that in seventeenth-century Maryland the courts still took seriously