Page:Economic History of Virginia Vol 2.djvu/35

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master to discover the place to which he had fled, and to capture and lead him back. If the act of running away under consideration was the first offence of that nature on his part, he was punished to the extent of being required to remain in the employment of his master double the time for which he was bound by his indenture, or by the custom of the country in the absence of a written agreement between them; and if his flight had been marked by aggravated circumstances, or was taken at the season of the year when the crops needed special attention, it lay in the power of the commissioners of the county to enlarge still further the term for which he had become liable by way of penalty for his violation of his covenants. If the offence was committed a second time, the servant was also branded in the cheek and shoulder.[1]

In some cases, the servant was not only required to remain with his master double the time agreed upon at first, but also to pay the amount which had been spent in capturing him. The punishment occasionally extended to the infliction of stripes. In 1640, Hugh Gwyn followed two absconding white laborers and a negro slave into Maryland, in which Colony they had taken refuge, seized them and brought them back. By order of court, they were whipped on their bare backs until they had received thirty lashes. The two white men, a Dutchman and a Scotchman, were forced to remain with their master twelve months beyond the terms for which they were bound in their indentures, and at the end of that interval they were required to serve on the public works for three years. The negro was delivered over to his master to continue a slave during the rest of his life.[2]

  1. Hening’s Statutes, vol. I, pp. 254, 440; vol. II, p. 117.
  2. General Court Orders, June 4, July 9, 1640, Robinson Transcripts, pp. 9, 10.