June 4, 1642. ... At the same general court there fell out a great
business upon a very small occasion. Anno 1636, there was a stray sow
in Boston, which was brought to Captain Keayne: he had it cried divers
times, and divers came to see it, but none made claim to it for near
a year. He kept it in his yard with a sow of his own. Afterwards one
Sherman's wife, having lost such a sow, laid claim to it, but came
not to see it, till Captain Keayne had killed his own sow. After
being showed the stray sow, and finding it to have other marks than
she had claimed her sow by, she gave out that he had killed her sow.
The noise hereof being spread about the town, the matter was brought
before the elders of the church as a case of offence; many witnesses
were examined, and Captain Keayne was cleared. [The case was then
brought before the county court],--when, upon a full hearing, Capt.
Keayne was again cleared, and the jury gave him £ 3 for his costs.
[Keayne then recovers £ 20 damages for slander.] Story [friend of
"Sherman's wife"[75]], upon this, searcheth town and country to find
matter against Captain Keayne ... and got one of his witnesses to come
into Salem court and to confess there that he had foresworn himself
[in the former trial]; and upon this he petitions in Sherman's name to
this _general court_ to have the cause heard again; which was granted,
and the best part of seven days were spent in examining witnesses and
debating of the [case]. And yet it was not determined; for there being
nine magistrates and thirty deputies, no sentence could by law pass
without the greater number of both, which neither [side] had; for there
were for the plaintiff two magistrates and fifteen deputies, and for
the defendant [Keayne] seven magistrates and eight deputies....
There was great expectation in the country, by occasion of Story's
clamours against him, that the cause would have passed against the
captain, but falling out otherwise, gave occasion to many to speak
unreverently of the court, especially of the magistrates, and the
report went, that their negative voice had hindered the course of
justice, and that these magistrates must be put out, that the power of
the negative voice might be taken away.
June 12, 1643. ... The sow business not being yet digested in the
country [even Bellingham, ex-governor, urging a new trial without a
negative voice for the magistrates,--Winthrop gives over three pages
here to a review of the controversy. Then follows:]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account