Every Day Life in the Massachusetts Bay ColonyDow, George Francis
History
Every Day Life in the Massachusetts Bay Colony
Dow, George Francis
Massachusetts -- Social life and customs -- To 1775
The men who controlled the affairs of the Massachusetts Bay Colony
at the time of its founding, determined not only that the churches,
but that the government of the commonwealth they were creating,
should be based strictly upon the teachings of the Bible. The
charter provided that the Governor, Deputy Governor and Assistants
might hold courts "for the better ordering of affairs," and so for
the first ten years, the Court of Assistants, as it was styled,
exercised the entire judicial powers of the colony. Its members were
known as the magistrates. During this period but few laws or orders
were passed. When complaints were made, the court, upon a hearing,
determined whether the conduct of the accused had been such as in
their opinion to deserve punishment, and if it had been, then what
punishment should be inflicted. This was done without any regard to
English precedents. There was no defined criminal code, and what
constituted a crime and what its punishment, was entirely within the
discretion of the court. If in doubt as to what should be considered
an offence, the Bible was looked to for guidance. The General Court
itself, from time to time, when in doubt, propounded questions to
the ministers or elders, which they answered in writing, much as the
Attorney General or the Supreme Judicial Court at the present day
may advise.
But the people soon became alarmed at the extent of personal
discretion exercised by the magistrates and so, in 1635, the
freemen demanded a code of written laws and a committee composed
of magistrates and ministers was appointed to draw up the same. It
does not appear that much was accomplished although Winthrop records
that Mr. Cotton of the committee, reported "a copy of Moses his
judicials, compiled in an exact method, which was taken into further
consideration till the next general court." The "judicials,"
however, never were adopted. In 1639 another committee was directed
to peruse all the "models" which had been or should be presented,
"draw them up into one body," and send copies to the several towns.
This was done. In October, 1641, action was taken which led to a
definite and acceptable result. Rev. Nathaniel Ward of Ipswich,
who had been educated for the law and had practiced in the courts
of England, was requested to furnish a copy of the liberties, etc.
and nineteen transcriptions were sent to the several towns in the
Colony. Two months later at the session of the General Court, this
body of laws was voted to stand in force.
Public-domain text, read in full here on John Shaqi.
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