The Journal of Negro History, Volume 8, 1923Various
History
The Journal of Negro History, Volume 8, 1923
Various
African Americans -- Periodicals
As the servant had no money with which to pay fines, some other method
of punishment had to be used. Corporal punishment of a harsh character
appears to have been established. Practiced at first by individuals,
it soon became a general custom, and finally found its way into the
laws of the colonies. During the period prior to indented servitude,
instances of severe whipping of servants are numerous.[14] The first
colony law which gave the master the privilege of regulating the
servant's conduct in this manner, however, appeared in 1619.[15]
Corporal punishment then gradually gained ground and won sanction
by the colonial courts. A law in Virginia provided in 1662 "for the
erecting of a whipping post in every county" and the General Assembly
of this colony, in 1688, reassured the master of his right to whip
the servant. All along this right was so much abused[16] that it was
restrained in Virginia. In 1705 an act ordered the master not to whip
the servant "immoderately"; and to whip a Christian white servant
naked, an order from a justice of peace had to be obtained.[17]
Several other colonies similarly restrained the right to whip.[18]
Another method of punishment that gradually hardened the conditions of
servitude was the addition of time to the term of the servant. This
evidently originated in the custom of the Company to prescribe as
penalty for offense "service to the colony in public work."[19] This
method of punishment was extensively used throughout the colonies.
Sometimes the length of additional service was left to the discretion
of the master, but this was so abused that the government saw fit
to make regulations, which, however, themselves were not free from
harshness.[20]
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