his statute was repealed in the
reign of Edward VI., as regards the treason, and the offence remained
felony as at the common law, and punishable by hanging only.

That mistaken notions as to the nature of penalties to be inflicted in
criminal cases, and as to the authority of the bench to impose unusual
punishments, were not solely entertained in this distant colony, and
among men not bred to the law, may be shown by many instances in the
English law-books. One of the most notable is Sir Edw. Coke's
reference to the case of Peter Burchet, a prisoner in the Tower,--who
slew his keeper with a billet of wood, which drew blood,--as an
authority for inflicting the additional punishment of cutting off the
hand (under the stat. 33 Hen. VIII.) in the case of murder perpetrated
in the king's palace, when attended with bloodshed. In Elderton's
case, Chief Justice Holt, whose habits of thorough research were not
less remarkable than his absolute fairness and honesty, said, "I have
searched for the case cited [as Jones's case] about killing a man in
the Tower. It is Burdelt and Muskett's case. Being dissatisfied with
my Lord Coke's report of it, therefore I sent for the record, ... and
there is judgment of death given, but no judgment that his right hand
should be cut off. It is indeed so related in Stowe's Chronicle, and
in fact his hand was cut off, but there was no judgment for it."
Compare 3 Inst., ch. 65 (p. 140 [Symbol: dagger]) with 2 Ld. Raym.,
978, 982.]

Two other negroes who were suspected of complicity with Maria were
ordered to be transported. The record is as follows:--

[Sidenote: "Chessaleer negros Sentence"]

Chessaleer negro servant to Tho. Walker brickmaker now in
Goale on suspition of Joyning wth Marja Negro in Burning
of Dr Swans' & ---- Lambs houses in Roxbury in July last
The Court on Consideration of the Case Judged it meet to
order that he be kept in prison till his master send him
out of the country & then dischardg ye charges of
Imprisonment wch if he refuse to doe aboue one moneth the
country Tresurer is to see it donne & when ye chardges be
defrayd to returne the ouerplus to ye sd Walker

[Sidenote: James Pembertons negro sentence]

The like Judgment & sentenc was declard against James
Pemberton's negro in all respects as agt Chessaleer
negro &c.[22]

[Footnote 22: Record of the Court of Assistants, _ubi supra_, pp. 138,
13