Crime And Punishment In American History Part 11

The modern literature on the causes and cures for crime is absolutely immense; the same is true of the literature on the criminal justice system. There are at least half a dozen books, and probably more, on plea bargaining alone, and dozens of articles and books on the operation of courts of criminal justice, high and low. There are popular and scholarly dissections of the police and police behavior; hosts of "true crime" stories, and so forth and so on. I am loath to single out individual instances. Still, I would recommend Samuel Walker's sensible and well-written survey, Sense and Nonsense About Crime: A Policy Guide Sense and Nonsense About Crime: A Policy Guide (2d ed., 1989), a masterpiece of debunking; and Charles E. Silberman, (2d ed., 1989), a masterpiece of debunking; and Charles E. Silberman, Criminal Violence, Criminal Justice Criminal Violence, Criminal Justice (1978). Almost anything written by Marvin Wolfgang, Franklin E. Zimring, and Gordon Hawkins can be wholeheartedly endorsed. I also feel I must mention Hans Zeisel's fine study, (1978). Almost anything written by Marvin Wolfgang, Franklin E. Zimring, and Gordon Hawkins can be wholeheartedly endorsed. I also feel I must mention Hans Zeisel's fine study, The Limits of Law Enforcement The Limits of Law Enforcement (1982); this is social research at its best. David Simon's book, (1982); this is social research at its best. David Simon's book, Homicide: A Year on the Killing Streets Homicide: A Year on the Killing Streets (1991), is another type altogether. This is an absolutely fascinating account of one year among the homicide detectives of Baltimore; it is journalism of the highest order. Another excellent study, more or less on the same subject, is Henry P. Lundsgaarde, (1991), is another type altogether. This is an absolutely fascinating account of one year among the homicide detectives of Baltimore; it is journalism of the highest order. Another excellent study, more or less on the same subject, is Henry P. Lundsgaarde, Murder in s.p.a.ce City: A Cultural a.n.a.lysis of Houston Homicide Patterns Murder in s.p.a.ce City: A Cultural a.n.a.lysis of Houston Homicide Patterns (1977)-another demonstration that social science training does not necessarily destroy one's ability to write good, clean English. And for a fresh, quirky look at some aspects of crime, there is Jack Katz's book (1977)-another demonstration that social science training does not necessarily destroy one's ability to write good, clean English. And for a fresh, quirky look at some aspects of crime, there is Jack Katz's book Seductions of Crime: Moral and Sensual Attractions in Doing Evil Seductions of Crime: Moral and Sensual Attractions in Doing Evil (1988). (1988).

NOTES.

INTRODUCTION.

1 This account comes from Gail Sussman Marcus, "'Due Execution of the Generall Rules of Righteousnesse': Criminal Procedure in New Haven Town and Colony, 1638-1658," in David D. Hall, John M. Murrin, and Thad W. Tate, eds., This account comes from Gail Sussman Marcus, "'Due Execution of the Generall Rules of Righteousnesse': Criminal Procedure in New Haven Town and Colony, 1638-1658," in David D. Hall, John M. Murrin, and Thad W. Tate, eds., Saints Saints and and Revolutionaries: Essays in Revolutionaries: Essays in Early American Early American History History (1984), pp. 99, 115. (1984), pp. 99, 115.

2 Susan P. Shapiro, Susan P. Shapiro, Wayward Capitalists: Target of the Securities and Exchange Commission Wayward Capitalists: Target of the Securities and Exchange Commission (1984), p. 22. (1984), p. 22.

3 New York Times New York Times, Jan. 3, 1901, p. 1; Jan. 29, 1901, p. 3.

4 Most criminologists, but not all, would agree with this general formulation ; for an exception see Michael R. Gottfredson and Travis Hirschi, Most criminologists, but not all, would agree with this general formulation ; for an exception see Michael R. Gottfredson and Travis Hirschi, A General Theory of Crime A General Theory of Crime (1990). (1990).

5 4 Blackstone's Commentaries 7-8. 4 Blackstone's Commentaries 7-8.

6 See the account in Johannes Andenaes, "The General Preventive Effects of Punishment," See the account in Johannes Andenaes, "The General Preventive Effects of Punishment," University of Pennsylvania Law Review University of Pennsylvania Law Review 114:949, 962 (1966). 114:949, 962 (1966).

7 Lawrence M. Friedman, Lawrence M. Friedman, The Legal System: A Social Science Perspective The Legal System: A Social Science Perspective (1975), p. 68. Apparently, whether there still exist societies that regularly practice cannibalism is in question; but the point remains, either way. (1975), p. 68. Apparently, whether there still exist societies that regularly practice cannibalism is in question; but the point remains, either way.

8 On this point, see Kai T. Erikson, On this point, see Kai T. Erikson, Wayward Puritans: A Study in the Sociology of Deviance Wayward Puritans: A Study in the Sociology of Deviance (1966), chap 1. (1966), chap 1.

9 Gustave de Beaumont and Alexis de Tocqueville, Gustave de Beaumont and Alexis de Tocqueville, On the Penitentiary System in the United States and Its Application in France On the Penitentiary System in the United States and Its Application in France (1833; reprint ed., 1964), p. 140. (1833; reprint ed., 1964), p. 140.

CHAPTER 1. THE SHAPE AND NATURE OF THE LAW.

1 See, for example, John Phillip Reid, See, for example, John Phillip Reid, A Law of Blood: The Primitive Law of the Cherokee Nation A Law of Blood: The Primitive Law of the Cherokee Nation (1970). (1970).

2 Yasuhide Kawashima, Yasuhide Kawashima, Puritan Justice and the Indian Puritan Justice and the Indian (1986), p. 15. (1986), p. 15.

3 On the meaning and history of the grand jury, see Richard D. Younger, On the meaning and history of the grand jury, see Richard D. Younger, The People's Panel: The Grand Jury in the United States, 1634-1941 The People's Panel: The Grand Jury in the United States, 1634-1941 (1963). (1963).

4 David T. Konig, "'Dale's Laws' and the Non-Common Law Origins of Criminal Justice in Virginia," David T. Konig, "'Dale's Laws' and the Non-Common Law Origins of Criminal Justice in Virginia," American Journal of Legal History American Journal of Legal History 26:354 (1982). 26:354 (1982).

5 See Joseph H. Smith, See Joseph H. Smith, Appeals to the Privy Council from the American Plantations Appeals to the Privy Council from the American Plantations (1950). (1950).

6 Joseph Smith, Joseph Smith, Colonial Justice in Western Ma.s.sachusetts (1639-1702): The Pynchon Court Record Colonial Justice in Western Ma.s.sachusetts (1639-1702): The Pynchon Court Record (1961), p. 130. Instead, criminal proceedings began when a private victim brought a complaint, or when a town constable did so. (1961), p. 130. Instead, criminal proceedings began when a private victim brought a complaint, or when a town constable did so.

7 Younger, Younger, People's Panel, People's Panel, chap. 1. chap. 1.

8 John M. Murrin, "Magistrates, Sinners, and a Precarious Liberty: Trial by Jury in Seventeenth-Century New England," in David D. Hall, John M. Murrin, and Thad W. Tate, eds., John M. Murrin, "Magistrates, Sinners, and a Precarious Liberty: Trial by Jury in Seventeenth-Century New England," in David D. Hall, John M. Murrin, and Thad W. Tate, eds., Saints and Revolutionaries: Essays in Early American History Saints and Revolutionaries: Essays in Early American History (1984), pp. 152, 188-89; David J. Bodenhamer, (1984), pp. 152, 188-89; David J. Bodenhamer, Fair Trial: Rights of the Accused in American History Fair Trial: Rights of the Accused in American History (1992), p. 24. (1992), p. 24.

9 Gail Sussman Marcus, "'Due Execution of the Generall Rules of Righteousnesse': Criminal Procedure in New Haven Town and Colony, 1638-1658," in Hall, Murrin, and Tate, Gail Sussman Marcus, "'Due Execution of the Generall Rules of Righteousnesse': Criminal Procedure in New Haven Town and Colony, 1638-1658," in Hall, Murrin, and Tate, Saints and Revolutionaries, Saints and Revolutionaries, pp. 99, 102ff. pp. 99, 102ff.

10 Marcus, "'Due Execution,'" pp. 129-30. Marcus, "'Due Execution,'" pp. 129-30.

11 Peter C. Hoffer and William B. Scott, eds., Peter C. Hoffer and William B. Scott, eds., Criminal Proceedings in Colonial Virginia, Richmond County, 1711-1754 Criminal Proceedings in Colonial Virginia, Richmond County, 1711-1754 (1984), p. xx. (1984), p. xx.

12 Daniel E. Williams, "'Behold a Tragic Scene Strangely Changed into a Theater of Mercy': The Structure and Significance of Criminal Conversion Narratives in Early New England," Daniel E. Williams, "'Behold a Tragic Scene Strangely Changed into a Theater of Mercy': The Structure and Significance of Criminal Conversion Narratives in Early New England," American Quarterly American Quarterly 38:827 (1986). 38:827 (1986).

13 Peter C. Hoffer, "Disorder and Deference: The Paradoxes of Criminal Justice in the Colonial Tidewater," in David J. Bodenhamer and James W. Ely, Jr., eds., Peter C. Hoffer, "Disorder and Deference: The Paradoxes of Criminal Justice in the Colonial Tidewater," in David J. Bodenhamer and James W. Ely, Jr., eds., Ambivalent Legacy: A Legal History of the South Ambivalent Legacy: A Legal History of the South (1984), pp. 184, 196-97. Hoffer claims that a similar aversion to jury trials can be found in New York, Ma.s.sachusetts,and Pennsylvania. (1984), pp. 184, 196-97. Hoffer claims that a similar aversion to jury trials can be found in New York, Ma.s.sachusetts,and Pennsylvania.

14 See, in general, Thomas Andrew Green, See, in general, Thomas Andrew Green, Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800 Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800 (1985). (1985).

15 A vivid picture of English criminal justice, and criminal procedure, chiefly in the eighteenth century, is found in John H. Langbein, "The Criminal Trial Before the Lawyers," A vivid picture of English criminal justice, and criminal procedure, chiefly in the eighteenth century, is found in John H. Langbein, "The Criminal Trial Before the Lawyers," University of Chicago Law Review University of Chicago Law Review 45:363 (1978). 45:363 (1978).

16 Langbein, "The Criminal Trial," p. 307. Langbein, "The Criminal Trial," p. 307.

17 W. W. Hening, W. W. Hening, Statutes at Large ... of Virginia, Statutes at Large ... of Virginia, Vol. 2, p. 63. Vol. 2, p. 63.

18 William S. McAninch, "Criminal Procedure and the South Carolina Jury Act of 1731," in Herbert Johnson, ed., William S. McAninch, "Criminal Procedure and the South Carolina Jury Act of 1731," in Herbert Johnson, ed., South Carolina Legal History South Carolina Legal History (1980), p. 181. (1980), p. 181.

19 David R. Johnson, David R. Johnson, American Law Enforcement: A History American Law Enforcement: A History (1981), p. 5. (1981), p. 5.

20 Douglas Greenberg, Douglas Greenberg, Crime and Law Enforcement in the Colony of New York, 1691-1776 Crime and Law Enforcement in the Colony of New York, 1691-1776 (1974), p. 156. (1974), p. 156.

21 "An Act for Establishing the Method of Appointing Constables...," Georgia, March 27, 1759. "An Act for Establishing the Method of Appointing Constables...," Georgia, March 27, 1759.

22 Greenberg, Greenberg, Crime and Law Enforcement, Crime and Law Enforcement, p. 159. p. 159.

23 Ibid., pp. 165-67. Ibid., pp. 165-67.

24 Harry E. Barnes, Harry E. Barnes, The Evolution of Penology in Pennsylvania: A Study in American Social History The Evolution of Penology in Pennsylvania: A Study in American Social History (1927), pp. 65-66; Alexander J. Dallas, ed., (1927), pp. 65-66; Alexander J. Dallas, ed., Laws of the Commonwealth of Pennsylvania, 1700-1781, Laws of the Commonwealth of Pennsylvania, 1700-1781, Vol. 1, pp. 265, 267-68. Vol. 1, pp. 265, 267-68.

25 Laws N.H. 1718, p. 127. Laws N.H. 1718, p. 127.

26 Pauline Maier, "Popular Uprisings and Civil Authority in Eighteenth-Century America," Pauline Maier, "Popular Uprisings and Civil Authority in Eighteenth-Century America," William and Mary Quarterly, William and Mary Quarterly, 3d series 27:3, 19 (1970). On the "hue and cry" in colonial Virginia, see Arthur P. Scott, 3d series 27:3, 19 (1970). On the "hue and cry" in colonial Virginia, see Arthur P. Scott, Criminal Law in Colonial Virginia Criminal Law in Colonial Virginia (1930), p. 54. Fans of western movies are, of course, familiar with the "posse," which survived in a part of the country where criminal justice was not very professional and was chronically understaffed. (1930), p. 54. Fans of western movies are, of course, familiar with the "posse," which survived in a part of the country where criminal justice was not very professional and was chronically understaffed.

27 Maier, op. cit., p. 21. Maier, op. cit., p. 21.

28 Julius Goebel, Jr., and T. Raymond Naughton, Julius Goebel, Jr., and T. Raymond Naughton, Law Enforcement in Colonial New York Law Enforcement in Colonial New York (1944), p. 329. (1944), p. 329.

29 A lot of research remains to be done; and the story is, on the whole, rather murky. See Albert J. Reiss, Jr., "Public Prosecutors and Criminal Prosecution in the United States of America," A lot of research remains to be done; and the story is, on the whole, rather murky. See Albert J. Reiss, Jr., "Public Prosecutors and Criminal Prosecution in the United States of America," Juridical Review Juridical Review 20:1 (1975); [Comment:] "The District Attorney-a Historical Puzzle," 20:1 (1975); [Comment:] "The District Attorney-a Historical Puzzle," Wisconsin Law Review Wisconsin Law Review 125 (1952); Jack M. Kress, "Progress and Prosecution," 125 (1952); Jack M. Kress, "Progress and Prosecution," Annals of the American Academy of Political and Social Science Annals of the American Academy of Political and Social Science 423:49 (1976). 423:49 (1976).

CHAPTER 2. THE LAW OF G.o.d AND MAN.

1 Bradley Chapin, Bradley Chapin, Criminal Justice in Colonial America, 1606-1660 Criminal Justice in Colonial America, 1606-1660 (1983), p. 88. Most slander and defamation cases were civil in form; but the line between civil and criminal, for these actions, was pretty indistinct. (1983), p. 88. Most slander and defamation cases were civil in form; but the line between civil and criminal, for these actions, was pretty indistinct.

2 Chapin, Chapin, Criminal Justice in Colonial America, Criminal Justice in Colonial America, pp. 104-5. Ledra died (in his view) "filled ... with the joy of the Lord in the Beauty of Holiness," though the Puritans surely felt otherwise. pp. 104-5. Ledra died (in his view) "filled ... with the joy of the Lord in the Beauty of Holiness," though the Puritans surely felt otherwise.

3 Laws N.H. 1718, p. 121. Under a Maryland law of 1723, if one dared to "blaspheme or curse G.o.d, or deny our Saviour ... or ... the Holy Trinity," the punishment, for the first offense, was to be "bored through the tongue"; for the second, to be "stigmatized by burning in the forehead with the letter B"; the punishment for the third was death. Laws N.H. 1718, p. 121. Under a Maryland law of 1723, if one dared to "blaspheme or curse G.o.d, or deny our Saviour ... or ... the Holy Trinity," the punishment, for the first offense, was to be "bored through the tongue"; for the second, to be "stigmatized by burning in the forehead with the letter B"; the punishment for the third was death. Records of the States of the United States: A Microfilm Compilation Records of the States of the United States: A Microfilm Compilation (1949), B. 2, Reel 1.2, Unit 1, p. 598. (1949), B. 2, Reel 1.2, Unit 1, p. 598.

4 W. W Hening's W. W Hening's Statutes Statutes at Large at Large ... ... of Virginia of Virginia, Vol. 1, pp. 168-69. Interestingly, the statute applied specifically to "persons brought upp in the christian religion." For other blasphemy statutes, see Leonard W. Levy, Treason Against G.o.d: A History of the Offense of Blasphemy Treason Against G.o.d: A History of the Offense of Blasphemy (1981), p. 333. (1981), p. 333.

5 Leon DeValinger, Jr., ed., Leon DeValinger, Jr., ed., Court Records of Kent County, Delaware Court Records of Kent County, Delaware, 1680-1705 1680-1705 (1959), pp. 328-29. (1959), pp. 328-29.

6 Records and Files of the Quarterly Courts of Ess.e.x County Records and Files of the Quarterly Courts of Ess.e.x County, Ma.s.sachusetts Ma.s.sachusetts , Vol. 4, 1667-1671 (1914), pp. 89-90. , Vol. 4, 1667-1671 (1914), pp. 89-90.

7 Robert E. Moody, ed., Robert E. Moody, ed., Province and Court Records of Maine Province and Court Records of Maine, Vol. 3, 1680-1692 (1947), p. 93.

8 Hening, Hening, Statutes of Virginia Statutes of Virginia (1823), Vol. 2, p. 48 (act 9 of 14 Charles II, March 1661-2). (1823), Vol. 2, p. 48 (act 9 of 14 Charles II, March 1661-2).

9 David T. Konig, ed., David T. Konig, ed., Plymouth Plymouth Court Records Court Records 1686-1859, 1686-1859, Vol. 3, General Sessions of the Peace, 1748-81, p. 203 (1978). The boy was acquitted. Vol. 3, General Sessions of the Peace, 1748-81, p. 203 (1978). The boy was acquitted.

10 Joseph L. Smith, ed., Colonial Justice in Joseph L. Smith, ed., Colonial Justice in Western Ma.s.sachusetts Western Ma.s.sachusetts (1639-1702): (1639-1702): The Pynchon Court Record The Pynchon Court Record (1961), entry of June 22, 1664, p. 268. On Captain Kemble, see John C. Miller, (1961), entry of June 22, 1664, p. 268. On Captain Kemble, see John C. Miller, The First Frontier: The First Frontier: Life in Life in Colonial America Colonial America (1966), p. 87. (1966), p. 87.

11 Miller, Miller, The First Frontier, The First Frontier, p. 89. p. 89.

12 Kathryn Preyer, "Penal Measures in the American Colonies: An Overview," Kathryn Preyer, "Penal Measures in the American Colonies: An Overview," American Journal of Legal History American Journal of Legal History 26:326, 333 (1982). 26:326, 333 (1982).

13 David Flaherty, "Law and the Enforcement of Morals in Early America," in Donald Fleming and Bernard Bailyn, eds., David Flaherty, "Law and the Enforcement of Morals in Early America," in Donald Fleming and Bernard Bailyn, eds., Law in American History Law in American History (1971), p. 203. (1971), p. 203.

14 See Robert F. Oaks, "'Things Fearful to Name': Sodomy and b.u.g.g.e.ry in Seventeeth-Century New England," See Robert F. Oaks, "'Things Fearful to Name': Sodomy and b.u.g.g.e.ry in Seventeeth-Century New England," Journal of Journal of Social Social History History 12:268(1978). 12:268(1978).

15 See, in general, Emil Oberholzer, See, in general, Emil Oberholzer, Jr., Delinquent Saints: Disciplinary Action in the Early Congregational Churches of Ma.s.sachusetts Jr., Delinquent Saints: Disciplinary Action in the Early Congregational Churches of Ma.s.sachusetts (1956). (1956).

16 Laws N.H. 1718, p. 121. Laws N.H. 1718, p. 121.

17 Oaks, "Things Fearful to Name," p. 275; 2 Oaks, "Things Fearful to Name," p. 275; 2 Records of Plymouth Records of Plymouth 44. 44.

18 Records of the Court of a.s.sistants of the Colony of the Ma.s.sachusetts Bay Records of the Court of a.s.sistants of the Colony of the Ma.s.sachusetts Bay, 1630-1692, 1630-1692, Vol. 1 (1901), pp. 10-11. Vol. 1 (1901), pp. 10-11.

19 H. Clay Reed and George J. Miller, eds., H. Clay Reed and George J. Miller, eds., The Burlington Court Book: A The Burlington Court Book: A Record of Quaker Jurisprudence in West New Jersey, 1680-1709 Record of Quaker Jurisprudence in West New Jersey, 1680-1709 (1944), pp. 142-43. (1944), pp. 142-43.

20 DeValinger, DeValinger, Court Records of Kent County Court Records of Kent County, pp. 298-99.

21 Records and Files of the Quarterly Courts of Ess.e.x County, Ma.s.sachusetts Records and Files of the Quarterly Courts of Ess.e.x County, Ma.s.sachusetts , Vol. 4, 1667-71 (1914), p. 270. , Vol. 4, 1667-71 (1914), p. 270.

22 Roger Roger Thompson, Thompson, s.e.x in Middles.e.x: Popular Mores in a Ma.s.sachusetts County, 1649-1699 s.e.x in Middles.e.x: Popular Mores in a Ma.s.sachusetts County, 1649-1699 (1986), pp. 194-95. (1986), pp. 194-95.

23 Smith, Smith, Colonial Justice in Western Ma.s.sachusetts Colonial Justice in Western Ma.s.sachusetts, p. 289.

24 Ibid., p. 290. Ibid., p. 290.

25 Hening, Hening, Statutes of Virginia, Vol Statutes of Virginia, Vol. 1, p. 433 (act II of March 1657-58).

26 Peter C. Hoffer and William B. Scott, eds., Peter C. Hoffer and William B. Scott, eds., Criminal Proceedings in Colonial Virginia, Richmond County Criminal Proceedings in Colonial Virginia, Richmond County, 1711-54 1711-54 (1984), p. 19. This was on July 7, 1715; on the same day, Francis Williams, suspected of living in "Adultory with a Mulatto Woman," and John Champ, who allegedly was living with Mary Carter, were given very similar orders. (1984), p. 19. This was on July 7, 1715; on the same day, Francis Williams, suspected of living in "Adultory with a Mulatto Woman," and John Champ, who allegedly was living with Mary Carter, were given very similar orders.

27 Thompson, Thompson, s.e.x in Middles.e.x, s.e.x in Middles.e.x, p. 198. p. 198.

28 Susie M. Ames, ed., Susie M. Ames, ed., County Court Records of Accomack-Northhampton, Virginia, 1632-1640 County Court Records of Accomack-Northhampton, Virginia, 1632-1640 (1954), p. 111. (1954), p. 111.

29 Smith, Smith, Colonial Justice in Western Ma.s.sachusetts Colonial Justice in Western Ma.s.sachusetts, p. 231.

30 J. Hall Pleasants, ed., J. Hall Pleasants, ed., Proceedings of the County Court of Charles County Proceedings of the County Court of Charles County, 1658-1666 1658-1666 (Archives of Maryland, Vol. 53, 1936), p. 560. (Archives of Maryland, Vol. 53, 1936), p. 560.

31 Laws Gen'l. Ct. Ma.s.s. Bay, 1672, p. 6. Laws Gen'l. Ct. Ma.s.s. Bay, 1672, p. 6.

32 Charles T. Libby, ed., Charles T. Libby, ed., Province and Court Records of Maine Province and Court Records of Maine, Vol. II (1931), p. 224.

33 Laws N.J. 1713, p. 57. 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). 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). January Session, 1760, Mayor's Court of Philadelphia (microfilm, 1957, Temple University School of Law).

36 Julius Goebel, Jr., and T. Raymond Naughton, Julius Goebel, Jr., and T. Raymond Naughton, Law Enforcement in Colonial New York Law Enforcement in Colonial New York (1944), chap. 8, pp. 485-553. (1944), chap. 8, pp. 485-553.

37 Goebel and Naughton, Goebel and Naughton, Law Enforcement in Colonial New York Law Enforcement in Colonial New York, p. 517.

38 DeValinger, DeValinger, Court Records of Court Records of Kent County Kent County, p. 298.

39 Hoffer and Scott, Hoffer and Scott, Criminal Proceedings in Colonial Virginia Criminal Proceedings in Colonial Virginia, p. 155.

40 Ibid., p. x.x.xii. Ibid., p. x.x.xii.

41 Ibid. Ibid.

42 Joseph H. Smith and Philip A. Crowl, eds., Joseph H. Smith and Philip A. Crowl, eds., Court Records of Prince Georges County, Maryland Court Records of Prince Georges County, Maryland, 1696-1699 1696-1699 (1964), p. 93. (1964), p. 93.

43 Pleasants, Pleasants, Proceedings of the County Court of Charles County, Proceedings of the County Court of Charles County, p. 570. p. 570.

44 Laws of New Hampshire, Laws of New Hampshire, Vol. 1, Province Period, 1679-1702 (1904), p. 676 (law pa.s.sed June 14, 1701). Vol. 1, Province Period, 1679-1702 (1904), p. 676 (law pa.s.sed June 14, 1701).

45 Laws R.I. and Providence Plantation, 1749, p. 53. Laws R.I. and Providence Plantation, 1749, p. 53.

46 John T. Farrell, ed., John T. Farrell, ed., The Superior Court Diary of William Samuel Johnson The Superior Court Diary of William Samuel Johnson, 1772-1773 1772-1773 (1942), pp. 91-92. (1942), pp. 91-92.