Curiosities of History: Boston, September Seventeenth, 1630-1880Wheildon, William W. (William Willder)
History
Curiosities of History: Boston, September Seventeenth, 1630-1880
Wheildon, William W. (William Willder)
Boston (Mass.) -- Description and travel; Boston (Mass.) -- History -- Colonial period, ca. 1600-1775
A letter from London, from Edward Howes to his relative, J. Winthrop,
jun., dated April 3, 1632, says, "I have heard divers complaints against
the severity of your government, especially Mr. Endicott's, and that he
shall be sent for over, about cutting off the lunatick man's ears and
other grievances" (Savage's Winthrop, p. 56, vol. 1).
In respect to the levying of fines, Gov. Winthrop, who was accused of not
demanding their payment in some cases, remarked, "that in his judgment, it
were not fit in the infancy of a Commonwealth to be too strict in levying
fines, though severe in other punishments."
It has been well said that "religion and laws were closely intertwined in
the Puritan community; the government felt itself bound to expatriate
every disorderly person, as much as the church was bound to excommunicate
him. They were like a household. They had purchased their territory for a
home; it was no _El Dorado_; it was their Mount of Sion. With immense toil
and unspeakable denials, they had rescued it from the wild woods for the
simple purpose that they might have a place for themselves and their
children to worship God undisturbed. They knew nothing of toleration.
Their right to shut the door against intruders seemed to them as undoubted
and absolute as their right to breathe the air around them."[2]
This is the sum and substance of the Puritan government as long as it
lasted. Under the charter, or without the charter, they made such laws as
they pleased, before or after the occasion. They punished every thing
which they thought to be wrong, or which did not conform to their notions
of propriety or their practice, and this, too, without consistency or
discrimination.
In 1639, Winthrop says, "The people had long desired a body of laws, and
thought their condition very unsafe, while so much power rested in the
discretion of the magistrates. Divers attempts had been made at former
courts, and the matter referred to some of the magistrates and some of the
elders, [the church and state, in such cases, were invariably united,] but
still it came to no effect, for being committed to the care of so many,
whatsoever was done by some, was still disliked or neglected by others."
So that it is doubtful if they ever really had a set of laws that were
relied upon; that limited the discretion of the magistrates, or was ever
reasonably and impartially enforced. If the law failed to be adequate, it
seemed to be proper for the magistrate to make it so; and he not only
supplied the deficiency, but occasionally coined or misconstrued a law for
his purpose. Such a government might well be considered "unsafe."
V.
THE NARRAGANSETT INDIANS.
VISIT TO BOSTON.
Public-domain text, read in full here on John Shaqi.
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