Crime, punishment not what they used to be, genealogists sometimes find

During the Revolutionary War (17751783), if you were a loyalist and supported the British, you could have your property seized by the government and sold to others.

It’s interesting to look back at records from yesteryear.

Recently, I looked over a book with North Carolina court minutes from 1768 to 1791, which includes the Revolutionary War era. This much was clear: Crime and punishment were different back then.

Some of the offenses, of course, are still offenses today, such as assault, battery and murder. But other crimes are less common today, like deceit, horse stealing, jail breaking, slander and treason.

It’s the punishments, though, that really raise eyebrows: branding cheeks, cutting off ears, nailing ears, hangings and whipping. Others had to forfeit their estate, or be at the “mercy of the government.”

Sometimes churches would dismiss a member for dancing.

During the Revolutionary War (1775-1783), if you were a loyalist and supported the British, you could have your property seized by the government and sold to others. It took years for some Georgia families to return and have the Act of Banishment on them lifted so they could rejoin the populace.

During the French Revolution, which began in 1789, you weren’t so lucky if you were on the wrong side. You faced the guillotine, as did even the king and queen.

So, when you’re studying earlier records as part of your genealogy research, don’t take lightly any offense an ancestor might have been charged with.

Back then, it might have been a big deal that carried a heavy punishment.

Legal terms in documents

Many times, in reading old documents, you come across legal terms, some even in Latin.

Don’t ignore them; look them up. In a will, the man may make special bequests and then have a phrase about the remainder of the estate and what should happen to that, sometimes tied to the re marriage or death of his wife.

This could lead to legal proceedings decades later. Any phrase can be important.

Presbyterian Historical Society

Check out the Presbyterian Historical Society’s website, history.pcusa.org, to learn about its digitization services and other projects.

The society maintains records on 500 years of Presbyterian history.