The Colonial Cavalier; or, Southern Life before the RevolutionGoodwin, Maud Wilder
History
The Colonial Cavalier; or, Southern Life before the Revolution
Goodwin, Maud Wilder
Southern States -- Social life and customs -- To 1775; Upper class -- Southern States
And this was in our own country, only a century and a half ago!
A Maryland statute enumerates among capital offences: manslaughter,
malicious trespass, forgery, receiving stolen goods, and "stealth of one's
self"--which is the unlawful departure of a servant out of service or out
of the colony without the consent of his master or mistress--"offender to
suffer pains of death by hanging except the offender can read clerk-like,
and then he shall lose his hand, and be burned in the hand or forehead
with a hot iron, and forfeit his lands at the time of the offense
committed." This test of ability to read--"_legit aut non legit?_"--was
manifestly a clause inserted to favor the clergy, and so woven into the
tissue of mediæval law, that the Reformation had been powerless to unravel
it.
It is noticeable that the economical planters wisely preferred those forms
of punishment, which cost the State nothing but the services of the
constable and the executioner, to the confinement in prison, which
involved the support of the criminal at public expense. Prisons, of
course, existed almost from the beginning. In the Maryland archives of
1676, I read that "Cap{t} Quigly brought into this house the act for
Building the State House and prisson at S{t} Maries, and desires to know
what manner of Windowes the house shall have." It is at length decided
accordingly by the Assembly "that the windowes are to bee of Wood with
substanciall Iron barres and th{t} the wood of the frame of the Windowes
be layd in Oyle." For the safer guarding of the prisoners, it is also
directed that the windows, which were to be only twenty by thirty inches
in size, be protected by "Three Iron Barres upright, and two athwart."
The prisons found little occupation as compared with the pillory and the
whipping-post. The latter was the common corrector of drunkenness, which
was a too frequent offence in those old days in the Cavalier Colonies,
when the gentry sipped their madeira over the polished dining-table and
the poor man mixed his toddy in his noggin of pewter or wood. All men
drank, and most men drank too much. Wines played an important part in the
colonial imports. A Virginia statute of 1645 fixed the price of canary and
sherry at thirty pounds of tobacco, madeira and "Fyall" at twenty pounds,
while aqua-vitæ and brandy ran up to forty. A few years later Master
George Fletcher, his heirs and executors, were granted by statute, the
sole right to brew in wooden vessels for fourteen years. Maryland laid a
tax upon "Rhume, Perrie, Molasses, Sider, Quince Drink or Strong Beer
Imported, each 5 lbs tob. per gal."
Public-domain text, read in full here on John Shaqi.
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