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It is my understanding that early on, Massachusetts Bay and Plymouth colonies did away with or never instituted Benefit of Clergy. When the British soldiers were tried and convicted after the Boston Massacre, the record reads that they were "burnt in the hand" and then released. Did this happen because they were British citizens and not Massachusetts colonists? Or was there a fear of political ramifications or even military actions if they were more severely punished? Did their attorney John Adams suggest the use of Benefit of Clergy? Any explanation would be appreciated. Judith K. Schafer Visiting Professor of History and Law Tulane Univerity
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