The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman / Who Murdered Their Master at Charlestown, Mass., in 1755; for Which the Man Was Hanged and Gibbeted, and the Woman Was Burned to Death. Including, Also, Some Account of Other Punishments by Burning in Massachusetts

by Abner Cheney Goodell

[27] Ibid., 2d series, vol. ii. p. 102.

[28] Compare provincial statute 1750-51, ch. 17 (Prov. Laws, vol. iii. p. 540), with the act of parliament referred to.

[29] See a picture of the new gallows, in the illustrated "Newgate Calendar."

[30] The Massachusetts act is as follows:—

"Whereas it does not appear reasonable any longer to continue the distinction between the crimes of murder and petit treason:

"Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this act, in all cases wherein heretofore any person or persons would have been deemed or taken to have committed the crime of petit treason, such person or persons shall be deemed and taken to have committed the crime of murder only, and indicted and prosecuted to final judgment accordingly; and the same punishment only shall be inflicted as in the case of murder.—[This act passed March 16, 1785.]"

[31] Compare act of June 30, 1784, with Prov. Stat. 1728-29, ch. 15: Prov. Laws, vol. ii. p. 516.