Preamble
Punishment
of Slaves
Convict of
Petit Treason,
Murder,
or Burning of
Dwelling-Houses.
Punishment
of persons
breaking into
any Shop, or
Store, &c. |
WHEREAS several Petit-Treasons, and cruel and horrid Murders,
have been lately committed by Negroes, which Cruelties they
were instigated to commit, and hereafter may be instigated to
commit with the like Inhumanity, because they have no Sense of Shame, or
Apprehension of future Rewards or Punishments: And that the manner
of
Executing Offenders, prescribed by the Laws of England, is not sufficient
to deter a People from committing the greatest Cruelties, who only consider
the Rigour and Severity of Punishment: Be
it therefore Enacted,
by the
Right Honourable the Lord Proprietary, by and with the Advice and
Consent of
his Lordship's Governor, and the Upper and Lower Houses of Assembly,
and the
Authority of the same, That when any Negro, or other Slave,
shall be convict,
by Confession, or Verdict of a Jury, of any Petit-Treason, or Murder,
or wilfully Burning of Dwelling Houses, it shall and may be lawful for
the
Justices before whom such Conviction shall be, to give Judgment against
such
Negro, or other Slave, to 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 where such Fact was committed.
II. And
whereas, several Felons have feloniously broke and entered several
Shops, Store-houses, or Ware-houses, not contiguous to, or used with any
Mansion-house, and Stolen from thence several Goods and Merchandizes;
and that it hath been doubted whether such Offenders are, by any law now
in Force, excluded the Benefit of Clergy; Be
it Enacted and Declared,
by
the Authority, Advice and Consent aforesaid, That if any person or
persons,
shall, after the End of this Session of Assembly, break into any Shop,
Store-house,
or Ware-house, although such Shop, Store-house or Ware-house, be
not contiguous to, or used with any Mansion-house, and steal from thence
any Goods, to the Value of Five Shillings, and be thereof convict, by Confession,
or Verdict of a Jury, such Offender or Offenders, shall suffer Death,
as Felons, without Benefit of Clergy; any Law, Usage or Custom to the
contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
