Page:Economic History of Virginia Vol 2.djvu/44

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guilty of offering resistance either to his master, or to the overseer who was appointed to supervise him, was compelled to continue in the same employment two years beyond the expiration of the term for which he was bound either by indenture or the custom of the country.[1] If the spirit of insubordination which he exhibited rendered him dangerous, he could, upon complaint, be committed to jail, a bond being given by his owner that the charge would be pressed to a trial. During the imprisonment, the master was required to support the servant, five pounds of tobacco being paid to the sheriff to cover the expense of each twenty-four hours of detention.[2]

At each county seat there was a whipping-post, and this mode of punishment was frequently used as a substitute for the jail. The servant condemned to the lash was delivered to the sheriff to be publicly chastised as a warning to all who were similarly disposed, and afterwards returned to the plantation to which he or she might be attached. The master had a right to whip a delinquent with his own hands if unwilling to put himself to the inconvenience of sending him to a magistrate for that purpose.[3] When the servant had shown on any occasion the desire to inflict injury on any one not his employer, the latter might be ordered, in the discretion of the court, to furnish a bond that his servant would keep the peace.[4] Should a servant be guilty of murder or an attempt to kill, six men were summoned from the neighborhood where he lived whose names were put at the head of the panel. By the jury thus formed he was tried, and if convicted, was

  1. Hening’s Statutes, vol. I, p. 538.
  2. Records of Henrico County, vol. 1682-1701, p. 171, Va. State Library.
  3. Hening’s Statutes, vol. II, p. 266.
  4. Records of Henrico County, vol. 1682-1701, p. 139, Va. State Library.