Saxon Tithing Men in America Read Before the American Antiquarian Society Octo

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Saxon Tithing Men in America Read Before the American Antiquarian Society Octo
Herbert Baxter Adams
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They were forbidden to hunt or fish, to plant or hoe corn, to carry burdens, or " to doe any seruill worke on the Lord's day. " 1 There are some rather curious facts concerning this con- dition of practical Indian serfdom in the towns of Plymouth Colony. By a system of courts and Tithingmen, the Indians were brought as completely under the subjection of the whites as were ever the subdued Britons under the Saxons, or the conquered Saxons under the heel of their Norman lords. And \t is very inte...resting to observe that, in all three instances, the servile population was held down by the very same means. Indians were not only restrained from their natural freedom by these Tithingmen, but were to a great extent reduced to " seruill worke " and the "carrying of burthens, " at first, probably, by a kind of voluntary enthrallment for the sake of protection, like the Saxon freemen, then by the slowly increasing pressure of the law. The following extract from the Plymouth records is very interesting in the light of comparative jurisprudence, particularly in the light of the Fugitive Slave law, " if any Indian whoe is a servant to the Eng- lish shall run away amongst any Indians, such Indians whither such a runaway Indian is come, shall forthwith giue notice of the said Runaway to the Indian Constable [or the Tithingman] whoe shall immediately apprehend such Indian servant, and carry him or her before the Ouerseer or next Majestrate, whoe shall cause such servants to be whipt and sent home by the Constable to his or her master, whoe shall pay said Constable for his service .

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