Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P7 ppsx

The Colonial Period Mayflower Compact I n 1620 the ship Mayflower departed from England for the New World. Many of those on board were religious dissenters, known then as Separatists and later as Pilgrims or Puritans, who preferred to separate altogether from the Church of England rather than try to change the church as other dissenters attempted to do. The passengers also included emigrants who were not members of the Separatist congrega- tion. The combined group of Separatists and “strangers,” as they were called by the Separatists, had obtained a charter from the Virginia Company of London, giving them permission to settle within the boundaries of the colony of Virginia. The Mayflower, however, did not reach Virginia. Instead, it arrived off the coast of what is now Cape Cod, Massachusetts, which was not within the boundaries of any estab- lished colonial government. The strangers asserted that they would not be bound by any laws, but WILLIAM BRADFORD, the Separatists' leader, insisted that all male passengers sign an agreement to abide by the laws that the colonial leaders would establi sh at the colony they called Plymouth. On November 21, 1620, 41 adult male passengers signed the Mayflower Compact. The compact served as a device to preserve order and establish rules for self-government. The signers agreed to combine themselves into a “civil Body Politick” that would enact and obey “just and equal laws” that were made for the “general good of the colony.” This commitment to justice and equality would be reiterated in many later documents, including the U.S . Constitution. k Mayflower Compact In the name of God, amen. We, whose names are underwritten, the loyal subjects of our dread sovereign lord King James, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, &c. Having undertaken for the glory of God, and advancement of the Christian faith, and the honor of our king and country, a voyage to plant the first colony in the northern parts of Virginia, do by these presents, solemnly and mutually, in the presence of God and one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation and furtherance of the ends afore- said; and by virtue hereof do enact, constitute, and frame such just and equal laws, ordinances, acts, constitutions, and officers, from time to time, as shall be thought most meet and convenient for the general good of the colony; unto which we promise all due submission and obedience. In witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the reign of our sovereign lord King James, of England, France, and Ireland, the eighteenth, and of Scotland, the fifty-fourth, anno Domini, 1620. 1 1 English monarchs styled themselves king or queen of France between 1340 and 1801. The custom began when the English became embroiled in the Hundred Years War with France and King Edward III of England, whose mother was a French princess, claimed the French throne. 46 FOUNDATIONS OF U.S. LAW Mr. John Carver Mr. Samuel Fuller Mr. Edward Tilly Mr. William Bradford Mr. Christopher Martin John Tilly Mr. Edward Winslow Mr. William Mullinsr Francis Cooke Mr. William Brewster Mr. William Whiter Thomas Rogers Isaac Allerton Mr. Richard Warren Thomas Tinker Miles Standish John Howland John Ridgdale John Alden Mr. Steven Hopkins Edward Fuller John Turner Digery Priest Richard Clark Francis Eaton Thomas Williams Richard Gardiner James Chilton Gilbert Winslowr Mr. John Allerton John Craxton Edmund Margessonr Thomas English John Billington Peter Brownr Edward Doten Joses Fletcher Richard Bitteridger Edward Liester John Goodman George Souler Source: Ben Perley Poore, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, vol. 1 (1878), p. 931. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 47 THE COLONIAL PERIOD MAYFLOWER COMPACT The Colonial Period The Laws and Liberties of Massachusetts T he Laws and Liberties of Massachusetts, enacted in 1648, served as the basis for civil and criminal law in the colony until the eighteenth century. This code was a revision of a 1641 code known as The Body of Liberties, which was written by NATHANIEL WARD, a Puritan minister and teacher. The Laws and Liberties reflect the Puritans’ concern that members of the community should live a Christian life true to the principles of the sect. Laws were meant to guide the righteous and punish the wicked, but they were also to be administered fairly. Religious heresy was severely punished as were fornication, adultery, and other behavior that violated the moral teachings of the colonists. Nevertheless, the code mandated that indivi- duals could not be punished or penalized without DUE PROCESS OF LAW. k The Laws and Liberties of Massachusetts To Our Beloved Brethren and Neighbours the Inhabitants of the Massachusetts, the Governour, Assistants and Deputies assembled in the Generall Court of that Jurisdiction with grace and peace in our Lord Jesus Christ So soon as God had set up Politicall Government among his people Israel hee gave them a body of lawes for judgment both in civil and criminal causes. These were brief and fundamental principles, yet withall so full and comprehensive as out of them clear deductions were to be drawne to all particular cases in future times. For a Commonwealth without lawes is like a Ship without rigging and steeradge. Nor is it sufficient to have principles or fundamentalls, but these are to be drawn out into so many of their deductions as the time and conditions of that people may have use of. And it is very unsafe & injurious to the body of the people to put them to learn their duty and libertie from generall rules, nor is it enough to have lawes except they be also just. Therefore among other priviledges which the Lord bestowed upon his peculiar people, these he calls them specially to consider of, that God was neerer to them and their lawes were more righteous then other nations. God was sayd to be amongst them or neer to them because of his Ordinances established by himselfe, and their lawes righteous becausehimselfewastheirLawgiver:yetinthe comparison are implyed two things, first that other nations had something of Gods presence amongst them. Secondly that there was also somewhat of equitie in their lawes, for it pleased the Father (upon the Covenant of Redemption with his Son) to restore so much of his Image to lost man as whereby all nations are disposed to worship God, and to advance righteousness: They did by nature the things contained in the law of God. But the nations corrupting his Ordinances (both of Religion, and Justice) God withdrew his presence from them proportion- ably whereby they vvere given up to abominable lusts. Wheras if they had vvalked according to that light & lavv of nature they might have been preserved from such moral evils and might have injoyed common blessing in all their natural 48 FOUNDATIONS OF U.S. LAW and civil Ordinances: now, if it might have been so with the nations who were so much strangers to the Covenant of Grace, what advantage have they who have interests in this Covenant, and may injoye the special presence of God in the puritie and native simplicitie of all his Ordi- nances by which he is so neer to his owne people. This hath been no small priviledge, and advan- tage to us New-England that our Churches, and civil State have been planted and growne up (like two vines) together like that of Israel in the vvilderness by which we were put in minde (and had opportunity put into our hands) not only to gather our Churches, and set up the Ordinances of Christ Jesus in them according to the Apostolick patterne by such lights as the Lord graciously afforded us: but also withall to frame our civil Politie, and lawes according to the rules of his most holy word whereby each do help and strengthen other (the Churches the civil Author- itie, and the Civil Authoritie the Churches) and so both prosper the better without such emu- lation, and contention for priviledges or priority as have proved the misery (if not ruine) of both in other places. *** These Lawes which were made successively in divers former years, we have reduced under several heads in an alphabeticall method, that so they might the more readilye be found wherin (upon every occasion) you might readily see the rule which you ought to walke by. *** You have called us from among the rest of our Bretheren and given us power to make the lawes: we must now call upon you to see them executed: remembring that old & true proverb, The execution of the law is the life of the law. If one sort of you viz: non-Freemen should object that you had no hand in calling us to this worke, and therfore think yourselvs not bound to obedience &c. Wee answer that a subsequent, or implicit consent is of like force in this case, as an express precedent power: for in puting your persons and estates into the protection and way of subsistance held forth and exercised within this Jursidiction, you doe tacitly submit to this Government and to all the wholesome lawes thereof[.] *** If any of you meet with some law that seemes not to tend to your particular benefit, you must consider that lawes are made with respect to the whole people, and not to each particular person: and obedi ence to them must be yielded with respect to the common welfare, not to thy private advantage, and as thou yeildest obedience to the law for common good, but to thy disadvantage: so another must observe some other law for thy good, though to his own damage; thus must we be content to bear one anothers burden and so fullfill the Law of Christ. That distinction which is put between the Lawes of God and the lawes of men, becomes a snare to many as it is mis-applyed in the ordering of their obedience to civil Authoritie; for when the Authoritie is of God and that in way of an Ordinance and when the administration of it is according to deductions, and rules gathered from the word of God, and the clear light of nature in civil nations, surely there is no humane law that tendeth to common good (according to those princi- ples) but the same is mediately a law of God, and that in way of an Ordinance which all are to submit unto and that for conscience sake THE BOOK OF THE GENERAL LAVVES AND LIBERTYES CONCERNING &C: Forasmuch as the free fruition of such Liberties, Immunities, priviledges as humanitie, civilitie & christianity call for as due to everie man in his place, & proportion, without impeach- ment & infringement hath ever been, & ever will be the tranquility & stability of Churches & Comonwealths; & the deniall or deprivall thereof the disturbance, if not ruine of both: It is therefore ordered by this Court, & Authority thereof, That no mans life shall be taken away; no mans honour or good name shall be stayned; no mans person shall be arrested, restrained, bannished, dismembered nor any wayes punished; no man shall be deprived of his wife or children; no mans goods or estate shal be taken away from him; nor any wayes indamaged under colour of Law or countenance of Authoritie unless it be by the vertue or equity of some expresse law of the Country warranting the same established by a General Court & sufficiently published; or in case of the defect of a law in any particular case by the word of God. And in capital cases, or cases concerning dismembring or banishment according to that word to be judged by the General Court. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 49 THE COLONIAL PERIOD THE LAWS AND LIBERTIES OF MASSACHUSETTS The Colonial Period Frame of Government William Penn, 1682 I n 1681 King Charles II of England granted William Penn a large tract of land on the west bank of the Delaware River, which Penn named Pennsylvania in honor of his father. Penn, a member and intellectual leader of the Quakers (Society of Friends), saw Pennsylva- nia as a refuge for Quakers and other persecuted peoples. Penn believed in religious toleration on both pragmatic and moral grounds. He thought that a harmonious society, unhampered by intoler- ance, would be a pros perous society as well. In 1682, before he left England to become the first governor of Pennsylvania, Penn wrote the Frame of Government, which served as the colony’s first constitut ion. The Frame of Government was an expres- sion of Penn’s religious and political ideas. He sought to create a framework that would frustrate political mischief and prevent a ruler from assuming abs olute power to the detriment of the community. To prevent absolutism, Penn employed the concept of balancing forces, a concept that the Framers of the U.S. Constitu- tion later would use liberally. Freedom of worship was to be absolute, and all the traditional English rights were to be protected. In practice, the government outlined in the Frame of Government proved in some respects to be unworkable. Penn, however, had included an amending clause, the first in any written constitution, so that the Frame of Government could be changed as circumstances required. k Frame of Government PREFACE I know what is said by the several admirers of monarchy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion *** Governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too. Wherefore governments rather depend upon men, than men upon govern- ments. Let men bee good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let the government be never so good, they will endeavor to warp and spoil it to their turn. I know some say, let us have good laws, and no matter for the men that execute them: but let the m consider, that though good laws do well, good men do better: for good laws may want good men, and be abolished or evaded by ill men: but good men will never want good laws, nor suffer ill ones. It is true, good laws have some awe upon ill ministers, but that is where they have not power to escape or abolish them, and the people are generally w ise and 50 FOUNDATIONS OF U.S. LAW good: but a loose and depraved people (which is the question) love laws and an administration like themselves. That, therefore, which makes a good constitution, must keep it, viz: men of wisdom and virtue, qualities, that because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth; for which after ages will owe more to the care and prudence of founders, and the successive magistracy, than to their parents, for their private patrimonies *** But, next to the power of necessity (which is a solicitor, that will take no denial) this induced me to a compliance, that we have (with reverence to God, and good conscience to men) to the best of our skill contrived and composed to the frame and laws of this government, to the great end of all government, viz: To support power in reverence with the people and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honourable, for their administration: for liberty without obedi- ence is confusion, and obedience without liberty is slavery. To carry this evenness is partly owing to the constitution, and partly to the magistracy: where either of these fail, government will be subject to convulsions; but where both are wanting, it must be totally subverted; then where both meet, the government is like to endure. Which I humbly pray and hope God will please to make the lot of this Pensilvania. Amen. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 51 THE COLONIAL PERIOD FRAME OF GOVERNMENT The Colonial Period South Carolina Slave Code T he southe rn colonies relied on slave labor to cultivate the cash crops raised on large plantations. The first slave ships reached the colonies in the 1620s, and by the end of the century, the slave trade between West Africa and the southern colonies was thriving. The social and legal relations between the English colonists and the African slaves were governed by racial beliefs and economics. Since the first meetings of West Africans and Europeans, Europeans had judged Africans to be their cultural inferiors. This belief shaped the slave codes that the colonies began to enact in the late seventeenth century. Africans were human chattel with no civil rights. The South Carolina Slave Code of 1740 reflected concerns about controlling slaves. Section X authorized a white person to detain and examine any slave found outside a house or plantation who was not accompanied by a white person. Section XXXVI prohibited slaves from leaving their plantation, especially on Saturday nights, Sundays, and holidays. Slaves who vio- lated the law could be subjected to a “moderate whipping.” Section XLV prohibited white per- sons from teaching slaves to read and write. Criminal behavior by slaves, especially actions directed against white persons, was severely punished under the code. Section IX provided that in the case of a capital crime, a slave must be brought to trial in a summary proceeding within three days of apprehension. Under section XVII, the killing of a white person by a slave was a capital crime, but section XXXVII treated a white person who killed a slave quite differently. Willfull murder of a slave was punished by a fine of 700 pounds. Killing a slave “on a sudden heat of passion” resulted in a fine of 350 pounds. The code did recognize that slaves were entitled to a sufficient level of food, clothing, and shelter. Section XXXVIII permitted a complaint to be filed against a slave owner who was derelict in providing the necessities. A court could order the owner to provide relief to the slaves. Likewise, section XLIV authorized the fining of slave owners who worked their slaves more than 15 hours per day during the hottest time of the year. k South Carolina Slave Code AN ACT FOR THE BETTER ORDERING AND GOVERNING [OF] NEGROES AND OTHER SLAVES IN THIS PROVINCE Whereas in his majesty’s plantations in Amer- ica, slavery has be en introduced and allowed; and the people commonly called negroes, Indians, mulatos and mestizos have [been] deemed absolute slaves, and the subjects of property in the hands of particular per sons the extent of whose power over slaves ought to be settled and limited by positive laws so that the slaves may be kept in due subjection and obedience, and the owners and other persons having the care and governmen t of slaves, may be restrained from exercising too great rigour 52 FOUNDATIONS OF U.S. LAW and cruelty over them; and that the public peace and order of this Province may be preserved: Be it enacted, that all negroes, Indians (free Indians in amity with this government, and negroes, mulatos and mestizos who are now free excepted) mulatos or mestizos who now are or shall hereafter be in this Province, and all their issue and offspring born or to be born, shall be and they are hereby declared to be and remain for ever herafter absolute slaves, and shall follow the condition of the mother; and shall be deemed, taken, reputed and adjudged in law to be chattels personal in the hands of their owners and possessors and their executors, administrators and assigns to all intents, con- structions and purposes whatsoever, Provided that if any negro Indian mulato, or mestizo shall claim his or her freedom, it shall and may be lawful for such negro, Indian, mulato, or mestizo, or any person or persons whatsoever, on his or her behalf to apply to the justices of his Majesty’s court of common pleas by petition or motion, either during the sitting of the said court, or before any of the justices of the same court at any time in the vacation. And the said court or any of the justices thereof, shall and they are hereby fully impowered to admit any person so applying, to be guardian for any negro, Indian, mulato or mestizo, claiming his, her or their freedom, and such guardians shall be enabled, intitled and capable in law to bring an action of trespass, in the nature of ravish- ment of ward against any person who shall claim property in, or who shall be in possession of any such negro, Indian, mulato or mestizo. *** Provided that in any action or suit to be brought in pursuance of the direction of this act the burthen of the proof shall lay upon the plaintiff, and it shall be always presumed, that every negro, Indian, mulato, and mestizo, is a slave unles s the contrary can be made appear (the Indians in amity with this government excepted) in which case the burden of the proof shall lie on the defend ant. *** III. And for the better keeping slaves in due order and subjection: be it further enacted that no person whatsoever, shall permit or suffer any slave under his or their care or management, and who lives, or is employed in Charlestown, or any other town in this Province to go out of the limits of the said town, or any such slave, who lives in the country to go out of the plantation to which such slave belongs, or in which plantation such slave is usually employed, without a letter subscribed and directed, or a ticket in the words following *** V. If any slave who shall be out of the house or plantation where such slave shall live or shall be usually employed, or without some white person in company with such slave, shall refuse to submit or to undergo the examination of any white person, it shall be lawful for any such white Person to pursue, apprehend and moder- ately correct such slave; and if such slave shall assault and strike such white person, such slave may be lawfully kille d. *** IX. And whereas natural justice forbids, that any person of what condition soever should be condemned unheard, and the order of civil government requires that for the due and equal administration of justice, some convenient method and form of trial should be established, Be it therefore enacted, that all crimes and offences which shall be committed by slaves in this Province and for which capital punishment shall or lawfully may be inflicted, shall be heard, examined, tried , adjudged, and finally deter- mined by any 2 justices assigned to keep the peace, and any number of freeholders not less than 3 or more than 5 in the county where the offence shall be committed and can be most conveniently assembled; either of which jus- tices, on complaint made or information received of any such offence committed by a slave, shall commit the offender to the safe custody of the constable of the parish where such offence shall be committed, and shall without delay by warrant under his hand and seal, call to his assistance, and request any one of the nearest justices of the peace to associate with him; and shall by the same warrant summon such a number of the neighbouring freeholders as aforesaid, to assemble and meet together with the said justices, at a certain day and place not exceeding 3 days after the apprehending of such slave or slaves: and the justices and freeholders being so assembled, shall cause the slave accused or charged, to be brought before them, and shall hear the accusations which shall be brought against such slave, and his or her defence, and shall proceed to the examination of witnesses, and other evidence, and finally hear and determine the matter brought before them, in the most GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 53 THE COLONIAL PERIOD SOUTH CAROLINA SLAVE CODE summary and expeditious manner; and in case the offender shall be convicted of any crime for which by law the offender ought to suffer death, the said justices shall give judgment, and award and cause execution of their sentence to be done, by inflicting such manner of death, and at such time as the said justices, by and with the consent of the freeholders shall direct, and which they shall judge will be most effectual to deter others from offending in the like manner. *** [XVI.] Be it therefore enacted, that the several crimes and offences hereinafter particu- larly enumerated, are here by declared to be felony without the benefit of the clergy, That is to say, If any slave, free negro, mulatto, Indian, or mestizo, shall willfully and maliciously burn or destroy any stack of rice, corn or other grain, of the product, growth or manufacture of this Province; or shall willfully and maliciously set fire to, burn or destroy any tar kiln, barrels of pitch, tar, turpentine or rosin, or any other of the goods or commodities of the growth, produce or manufacture of this Province; or shall feloniously steal, take or carry away any slave, being the property of another, with intent to carry such slave out of this Province; or shall willfully and maliciously poison, or administer any poison to any person, free man, woman, servant or slave; every such slave, free negro, mulatto, Indian (except as before excepted) and mestizo, shall suffer death as a felon. XVII. Any slave who shall be g uilty of homicide of any sort, upon an y white person, except by misadventure or in defence of his master or other person unde r whose care and government such slave shall be, shall upon conviction thereof as aforesaid, suffer death. And every slave who shall raise or attempt to raiseaninsurrectioninthisProvince,orshall endeavor to delude or entice any slave to run away and leave this Province; every such slave and slaves, and his and their accomplices, aiders and abettors, shall upon conviction as aforesaid suffer death. Provided always, That it shall and may be lawful to and for the justices who shall pronounce sentence against such slaves, and by and with the advice and consent of the f reeholders as aforesaid, if several slaves shall receive sentence at one time, to mitigate and alter the sentence of any slave other than such as shall be convicted of the homicide of a white person, who they shall think may deserve mercy, and may inflict such corporal punishment (other than death) on any such slave, as they in their discretion shall think fit, any thing herein contained to the contrary thereof in any wise notwithstanding. Provided, Thatoneormoreofthesaidslaveswhoshall be convicted of the crimes or offence s aforesaid, where several are concerned, shall be executed for example, to deter others from offending in the like kind. *** XXXIII. And whereas several owners of slaves do suffer their slaves to go and work where they please, upon condition of paying to their owners certain sums of money agreed upon between the owner and slave; which practice occasioned such slaves to pilfer and steal to raise money for their owners, as well as to maintain themselves in drunkenness and evil courses; for prevention of which practices for the future, Be it enacted, that no owner, master or mistress of any slave, after the passing of this act, shall permit or suffer any of his, her or their slaves to go and work out of their respective houses or families, without a ticket in writing under pain of forfeiting the sum of current money, for every such offence. *** XXXVI. And for that as it is absolutely necessary to the safety of this Province, that all due care be taken to restrain the wanderings and meetings of negroes and other slaves, at all times, and more especially on Saturday nights, Sundays and other holidays, and the using and carrying wooden swords, and other mischievous and dangerous weapons, or using and keeping of drums, horns, or other loud instruments, which may call together or give sign or notice to one another of their wicked designs and purposes; and that all masters, overseers and others may be enjoined diligently and carefully to prevent the same, Be it enacted, that it shall be lawfull for all masters, overseers and other persons whomsoever, to apprehend and take up any negro or other slave that shall be found out of the plantation of his or their master or owner, at any time, especially on Saturday nights, Sundays or other holidays, not being on lawful business, and with a letter from their master or a ticket, or not having a white person with them, and the said negro or other slave or slaves correct by a moderate whipping. XXXVII. And whereas cruelty is not only highly unbecoming those who profess them- selves Christians, but is odious in the eyes of all GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 54 FOUNDATIONS OF U.S. LAW PRIMARY DOCUMENTS THE COLONIAL PERIOD SOUTH CAROLINA SLAVE CODE men who have any sense of virtue or humanity; therefore to restrain and prevent barbarity being exercised towa rd slaves, Be it enacted, That if any person or persons whosoever, shall willfully murder his own slave, or the slave of another person, every such person shall upon conviction thereof, forfeit and pay the sum of £700 current money, and shall be rendered, and is hereby declared altogether and forever incapable of holding, exercising, enjoying or receiving the profits of any office, place or employment civil or military within this Province: And if any person shall on a sudden heat of passion, or by undue correction, kill his own slave or the slave of any person, he shall forfeit the sum of £350 current money, And in case any person or persons shall wilfully cut out the tongue, put out the eye, castrate or cruelly scald, burn, or deprive any slave of any limb or member, or shall inflict any other cruel punishment, other than by whipping or beating with a horsewhip, cow-skin, switch or small stick, or by putting irons on, or confining or imprisoning such slave; every such person shall for every such offence, forfeit the sum of £100 current money. XXXVIII. That in case any person in this Province, who shall be owner, or who shall have the care government or charge of any slave, or slaves, shall deny, neglect or refuse to allow such slave or slaves under his or her charge, sufficient cloathing, covering or food, it shall and may be lawfull for any person or persons, on behalf of such slave or slaves, to make complaint to the next neighbouring justice in the parish where such slave or slaves live, or are usually employed; and if there shall be no justice in the parish, then to the next justice in nearest parish: and the said justice shall summon the party against whom such complaint shall be made, and shall enquire of, hear and determine the same: and if the said justice shall find the said complaint to be true, or that such person will not exculpate or clear himself from the charge, by his or her own oath, which such person shall be at liberty to do in all cases where positive proof is not given of the offence, such justice shall and may make such orders upon the same for the relief of such slave or slaves, as he in his discretion shall think fit, and shall and may let and impose a fine or penalty on any person who shall offend in the premises, in any sum not exceeding £20 current money, for each offence. *** XLIV. And whereas many owners of slaves, and others who have the care, management and overseeing of slaves, do confine them so closely to hard labour; that they have not sufficient time for natural rest—Be it therefore enacted, That if any owner of slaves, or other person who shall have the care, management, or overseeing of any slaves, shall work or put any such slave or slaves to labour, more than 15 hours in 24 hours, from the 25th day of March to the 25th day of September, or more than 14 hours in 24 hours, from the 25th day of September to the 25th day of March; every such person shall forfeit any sum not exceeding or under £20, nor under £5 current money, for every time he, she or they shall offend herein, at the discretion of the justice before whom the complaint shall be made. XLV. And where as the having of slaves taught to write, or suffering them to be employed in writing, may be attended with great inconveniences; Be it enacted, that all and every person and persons whatsoever, who shall hereafter teach, or cause any slave or slaves to be taught to write, or shall use or em ploy any slave as a scribe in any manner of writing whatsoever, hereafter taught to write; every such person and persons shall, for every such offence, forfeit the sum of £100 current money. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 55 THE COLONIAL PERIOD SOUTH CAROLINA SLAVE CODE . Court. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 49 THE COLONIAL PERIOD THE LAWS AND LIBERTIES OF MASSACHUSETTS The Colonial Period Frame of Government William. Charters, and Other Organic Laws of the United States, vol. 1 (1878), p. 931. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 47 THE COLONIAL PERIOD MAYFLOWER COMPACT The. please to make the lot of this Pensilvania. Amen. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 51 THE COLONIAL PERIOD FRAME OF GOVERNMENT The Colonial